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HF 4194

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/18/2024 03:38pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/22/2024
1st Engrossment Posted on 04/18/2024

Current Version - 1st Engrossment

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A bill for an act
relating to housing; modifying prior appropriations; establishing new programs
and modifying existing programs; expanding eligible uses of housing infrastructure
bonds; authorizing the issuance of housing infrastructure bonds; establishing a
working group and a task force; requiring reports; appropriating money; amending
Minnesota Statutes 2022, sections 15.082; 462A.02, subdivision 10; 462A.03, by
adding subdivisions; 462A.05, subdivisions 3b, 14a, 14b, 15, 15b, 21, 23; 462A.07,
by adding subdivisions; 462A.202, subdivision 3a; 462A.21, subdivisions 7, 8b;
462A.222, by adding a subdivision; 462A.35, subdivision 2; 462A.37, by adding
a subdivision; 462A.40, subdivisions 2, 3; 462C.02, subdivision 6; 469.012,
subdivision 2j; Minnesota Statutes 2023 Supplement, sections 462A.05,
subdivisions 14, 45; 462A.22, subdivision 1; 462A.37, subdivisions 2, 5; 462A.39,
subdivision 2; 477A.35, subdivisions 1, 2, 4, 5, 6, by adding a subdivision; Laws
2023, chapter 37, article 1, section 2, subdivisions 1, 2, 17, 29, 32; article 2, section
12, subdivision 2; Laws 2023, chapter 52, article 19, section 120; proposing coding
for new law in Minnesota Statutes, chapters 462A; 469; 504B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATIONS

Section 1.

Laws 2023, chapter 37, article 1, section 2, subdivision 1, is amended to read:


Subdivision 1.

Total Appropriation

$
792,098,000
$
deleted text begin 273,298,000
deleted text end new text begin 223,298,000
new text end

(a) The amounts that may be spent for each
purpose are specified in the following
subdivisions.

(b) Unless otherwise specified, this
appropriation is for transfer to the housing
development fund for the programs specified
in this section. Except as otherwise indicated,
this transfer is part of the agency's permanent
budget base.

Sec. 2.

Laws 2023, chapter 37, article 1, section 2, subdivision 17, is amended to read:


Subd. 17.

Housing Infrastructure

100,000,000
deleted text begin 100,000,000
deleted text end new text begin 60,000,000
new text end

This appropriation is for the housing
infrastructure program for the eligible
purposes under Minnesota Statutes, section
462A.37, subdivision 2. This is a onetime
appropriation.

Sec. 3.

Laws 2023, chapter 37, article 1, section 2, subdivision 29, is amended to read:


Subd. 29.

Community Stabilization

45,000,000
deleted text begin 45,000,000
deleted text end new text begin 35,000,000
new text end

This appropriation is for the community
stabilization program. This a onetime
appropriation. Of this amount, $10,000,000 is
for a grant to AEON for Huntington Place.

Sec. 4. new text begin APPROPRIATION; MINNESOTA HOUSING FINANCE AGENCY.
new text end

new text begin $59,255,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of the Minnesota Housing Finance Agency. This appropriation is onetime and in addition
to amounts appropriated in 2023. This appropriation is for transfer to the housing
development fund. Of this amount:
new text end

new text begin (1) $50,000,000 is for the housing affordability preservation investment program;
new text end

new text begin (2) $8,885,000 is for the family homelessness prevention and assistance program under
Minnesota Statutes, section 462A.204. Notwithstanding Minnesota Statutes, section 16C.06,
$943,000 of this appropriation is allocated to federally recognized American Indian Tribes
located in Minnesota. Notwithstanding procurement provisions outlined in Minnesota
Statutes, section 16C.06, subdivisions 1, 2, and 6, the agency may award grants to existing
program grantees;
new text end

new text begin (3) $270,000 is for administering the requirements of article 2, sections 18 and 43 to 46;
and
new text end

new text begin (4) $100,000 is for a grant to the Amherst H. Wilder Foundation for the Minnesota
homeless study.
new text end

Sec. 5. new text begin APPROPRIATION; MINNESOTA MANAGEMENT AND BUDGET.
new text end

new text begin $200,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of Minnesota Management and Budget for management analysis and development to facilitate
the working group on common interest communities and homeowners associations established
in article 3. This is a onetime appropriation.
new text end

Sec. 6. new text begin APPROPRIATION; SUPREME COURT.
new text end

new text begin $545,000 in fiscal year 2025 is appropriated from the general fund to the supreme court
for the implementation of Laws 2023, chapter 52, article 19, section 120, as amended in
article 3, section 3. This is a onetime appropriation and is available until June 30, 2026.
new text end

ARTICLE 2

HOUSING POLICY

Section 1.

Minnesota Statutes 2022, section 15.082, is amended to read:


15.082 OBLIGATIONS OF PUBLIC CORPORATIONS.

Notwithstanding any other law, the state is not liable for obligations of a public
corporation created by statute. Upon dissolution of the public corporation, its wholly owned
assets become state property. Partially owned assets become state property to the extent
that state money was used to acquire them.

This section does not apply to a public corporation governed by chapter 119new text begin or section
469.0121
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 462A.02, subdivision 10, is amended to read:


Subd. 10.

Energy deleted text begin conservationdeleted text end new text begin decarbonization and climate resiliencenew text end .

It is further
declared that supplies of conventional energy resources are rapidly depleting in quantity
and rising in price and that the burden of these occurrences falls heavily upon the citizens
of Minnesota generally and persons of low and moderate income in particular. These
conditions are adverse to the health, welfare, and safety of all of the citizens of this state.
It is further declared that it is a public purpose to ensure the availability of financing to be
used by all citizens of the state, while giving preference to low and moderate income people,
to assist in the installation in their dwellings of reasonably priced energy conserving systems
including the use of alternative energy resources and equipment so that by the improvement
of the energy efficiency deleted text begin ofdeleted text end new text begin , clean energy, greenhouse gas emissions reduction, climate
resiliency, and other qualified projects for
new text end all housing, the adequacy of the total energy
supply may be preserved for the benefit of all citizens.

Sec. 3.

Minnesota Statutes 2022, section 462A.03, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Distressed building. new text end

new text begin "Distressed building" means an existing rental housing
building:
new text end

new text begin (1) in which the units are restricted to households at or below 60 percent of the area
median income; and
new text end

new text begin (2) that:
new text end

new text begin (i) is in foreclosure proceedings;
new text end

new text begin (ii) has two or more years of negative net operating income;
new text end

new text begin (iii) has two or more years with a debt service coverage ratio less than one; or
new text end

new text begin (iv) has necessary costs of repair, replacement, or maintenance that exceed the project
reserves available for those purposes.
new text end

Sec. 4.

Minnesota Statutes 2022, section 462A.03, is amended by adding a subdivision to
read:


new text begin Subd. 6a. new text end

new text begin Recapitalization. new text end

new text begin "Recapitalization" means financing for the physical and
financial needs of a distressed building, including restructuring and forgiveness of amortizing
and deferred debt, principal and interest paydown, interest rate write-down, deferral of debt
payments, mortgage payment forbearance, deferred maintenance, security services, property
insurance, reasonably necessary capital improvements, funding of reserves for supportive
services, and property operations. Recapitalization may include reimbursement to a nonprofit
sponsor or owner for expenditures that would have otherwise qualified for recapitalization.
new text end

Sec. 5.

Minnesota Statutes 2022, section 462A.05, subdivision 3b, is amended to read:


Subd. 3b.

Refinancing mortgages.

The agency may make loans new text begin for recapitalization or
new text end to refinance the existing indebtedness, of owners of rental property, secured by federally
assisted housing for the purpose of obtaining agreement of the owner to participate in the
federally assisted rental housing program and to extend any existing low-income affordability
restrictions on the housing for the maximum term permitted. For purposes of this subdivision,
"federally assisted rental housing" includes housing that is:

(1) subject to a project-based housing or rental assistance payment contract funded by
the federal government;

(2) financed by the Rural Housing Service of the United States Department of Agriculture
under section 515 of the Housing Act of 1949, as amended; or

(3) financed under section 236; section 221(d)(3) below market interest rate program;
section 202; or section 811 of the Housing and Urban Development Act of 1968, as amended.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 462A.05, subdivision 14, is amended
to read:


Subd. 14.

Rehabilitation loans.

It may agree to purchase, make, or otherwise participate
in the making, and may enter into commitments for the purchase, making, or participation
in the making, of eligible loans for rehabilitation, with terms and conditions as the agency
deems advisable, to persons and families of low and moderate income, and to owners of
existing residential housing for occupancy by such persons and families, for the rehabilitation
of existing residential housing owned by them. Rehabilitation may include the addition or
rehabilitation of a detached accessory dwelling unit. The loans may be insured or uninsured
and may be made with security, or may be unsecured, as the agency deems advisable. The
loans may be in addition to or in combination with long-term eligible mortgage loans under
subdivision 3. They may be made in amounts sufficient to refinance existing indebtedness
secured by the property, if refinancing is determined by the agency to be necessary to permit
the owner to meet the owner's housing cost without expending an unreasonable portion of
the owner's income thereon. No loan for rehabilitation shall be made unless the agency
determines that the loan will be used primarily to make the housing more desirable to live
in, to increase the market value of the housing, for compliance with state, county or municipal
building, housing maintenance, fire, health or similar codes and standards applicable to
housing, or to accomplish energy deleted text begin conservation related improvementsdeleted text end new text begin decarbonization,
climate resiliency, and other qualified projects
new text end . In unincorporated areas and municipalities
not having codes and standards, the agency may, solely for the purpose of administering
the provisions of this chapter, establish codes and standards. No loan under this subdivision
for the rehabilitation of owner-occupied housing shall be denied solely because the loan
will not be used for placing the owner-occupied residential housing in full compliance with
all state, county, or municipal building, housing maintenance, fire, health, or similar codes
and standards applicable to housing. Rehabilitation loans shall be made only when the
agency determines that financing is not otherwise available, in whole or in part, from private
lenders upon equivalent terms and conditions. Accessibility rehabilitation loans authorized
under this subdivision may be made to eligible persons and families without limitations
relating to the maximum incomes of the borrowers if:

(1) the borrower or a member of the borrower's family requires a level of care provided
in a hospital, skilled nursing facility, or intermediate care facility for persons with
developmental disabilities;

(2) home care is appropriate; and

(3) the improvement will enable the borrower or a member of the borrower's family to
reside in the housing.

The agency may waive any requirement that the housing units in a residential housing
development be rented to persons of low and moderate income if the development consists
of four or fewer dwelling units, one of which is occupied by the owner.

Sec. 7.

Minnesota Statutes 2022, section 462A.05, subdivision 14a, is amended to read:


Subd. 14a.

Rehabilitation loans; existing owner-occupied residential housing.

It may
make loans to persons and families of low and moderate income to rehabilitate or to assist
in rehabilitating existing residential housing owned and occupied by those persons or
families. Rehabilitation may include replacement of manufactured homes. No loan shall be
made unless the agency determines that the loan will be used primarily for rehabilitation
work necessary for health or safety, essential accessibility improvements, or to improve the
energy efficiency deleted text begin ofdeleted text end new text begin , clean energy, greenhouse gas emissions reductions, climate resiliency,
and other qualified projects in
new text end the dwelling. No loan for rehabilitation of owner-occupied
residential housing shall be denied solely because the loan will not be used for placing the
residential housing in full compliance with all state, county or municipal building, housing
maintenance, fire, health or similar codes and standards applicable to housing. The amount
of any loan shall not exceed the lesser of (a) a maximum loan amount determined under
rules adopted by the agency not to exceed $37,500, or (b) the actual cost of the work
performed, or (c) that portion of the cost of rehabilitation which the agency determines
cannot otherwise be paid by the person or family without the expenditure of an unreasonable
portion of the income of the person or family. Loans made in whole or in part with federal
funds may exceed the maximum loan amount to the extent necessary to comply with federal
lead abatement requirements prescribed by the funding source. In making loans, the agency
shall determine the circumstances under which and the terms and conditions under which
all or any portion of the loan will be repaid and shall determine the appropriate security for
the repayment of the loan. Loans pursuant to this subdivision may be made with or without
interest or periodic payments.

Sec. 8.

Minnesota Statutes 2022, section 462A.05, subdivision 14b, is amended to read:


Subd. 14b.

Energy deleted text begin conservationdeleted text end new text begin decarbonization and climate resiliencynew text end loans.

It
may agree to purchase, make, or otherwise participate in the making, and may enter into
commitments for the purchase, making, or participating in the making, of loans to persons
and families, without limitations relating to the maximum incomes of the borrowers, to
assist in energy deleted text begin conservation rehabilitation measuresdeleted text end new text begin decarbonization, climate resiliency,
and other qualified projects
new text end for existing housing owned by those persons or families
including, but not limited to: weatherstripping and caulking; chimney construction or
improvement; furnace or space heater repair, cleaning or replacement; central air conditioner
new text begin installation, new text end repair, maintenance, or replacement; air source or geothermal heat pump
new text begin installation, new text end repair, maintenance, or replacement; insulation; windows and doors; and
structural or other directly related repairs new text begin or installations new text end essential for energy deleted text begin conservationdeleted text end new text begin
decarbonization, climate resiliency, and other qualified projects
new text end . Loans shall be made only
when the agency determines that financing is not otherwise available, in whole or in part,
from private lenders upon equivalent terms and conditions. Loans under this subdivision
or subdivision 14 may:

(1) be integrated with a utility's on-bill repayment program approved under section
216B.241, subdivision 5d; and

(2) also be made for the installation of on-site solar energy or energy storage systems.

Sec. 9.

Minnesota Statutes 2022, section 462A.05, subdivision 15, is amended to read:


Subd. 15.

Rehabilitation grants.

(a) It may make grants to persons and families of low
and moderate income to pay or to assist in paying a loan made pursuant to subdivision 14,
or to rehabilitate or to assist in rehabilitating existing residential housing owned or occupied
by such persons or families. For the purposes of this section, persons of low and moderate
income include administrators appointed pursuant to section 504B.425, paragraph (d). No
grant shall be made unless the agency determines that the grant will be used primarily to
make the housing more desirable to live in, to increase the market value of the housing or
for compliance with state, county or municipal building, housing maintenance, fire, health
or similar codes and standards applicable to housing, or to accomplish energy deleted text begin conservation
related improvements
deleted text end new text begin decarbonization, climate resiliency, or other qualified projectsnew text end . In
unincorporated areas and municipalities not having codes and standards, the agency may,
solely for the purpose of administering this provision, establish codes and standards. No
grant for rehabilitation of owner occupied residential housing shall be denied solely because
the grant will not be used for placing the residential housing in full compliance with all
state, county or municipal building, housing maintenance, fire, health or similar codes and
standards applicable to housing. The amount of any grant shall not exceed the lesser of (a)
$6,000, or (b) the actual cost of the work performed, or (c) that portion of the cost of
rehabilitation which the agency determines cannot otherwise be paid by the person or family
without spending an unreasonable portion of the income of the person or family thereon.
In making grants, the agency shall determine the circumstances under which and the terms
and conditions under which all or any portion thereof will be repaid and shall determine the
appropriate security should repayment be required.

(b) The agency may also make grants to rehabilitate or to assist in rehabilitating housing
under this subdivision to persons of low and moderate income for the purpose of qualifying
as foster parents.

Sec. 10.

Minnesota Statutes 2022, section 462A.05, subdivision 15b, is amended to read:


Subd. 15b.

Energy deleted text begin conservationdeleted text end new text begin decarbonization and climate resiliencynew text end grants.

(a)
It may make grants to assist in energy deleted text begin conservation rehabilitation measuresdeleted text end new text begin decarbonization,
climate resiliency, and other qualified projects
new text end for existing owner occupied housing including,
but not limited to: insulation, storm windows and doors, furnace or space heater repair,
cleaning or replacement, chimney construction or improvement, weatherstripping and
caulking, deleted text begin anddeleted text end structural or other directly related repairsnew text begin , or installationsnew text end essential for energy
deleted text begin conservationdeleted text end new text begin decarbonization, climate resiliency, and other qualified projectsnew text end . The grant to
any household shall not exceed $2,000.

(b) To be eligible for an emergency energy deleted text begin conservationdeleted text end new text begin decarbonization and climate
resiliency
new text end grant, a household must be certified as eligible to receive emergency residential
heating assistance under either the federal or the state program, and either (1) have had a
heating cost for the preceding heating season that exceeded 120 percent of the regional
average for the preceding heating season for that energy source as determined by the
commissioner of employment and economic development, or (2) be eligible to receive a
federal energy conservation grant, but be precluded from receiving the grant because of a
need for directly related repairs that cannot be paid for under the federal program. The
Housing Finance Agency shall make a reasonable effort to determine whether other state
or federal loan and grant programs are available and adequate to finance the intended
improvements. An emergency energy conservation grant may be made in conjunction with
grants or loans from other state or federal programs that finance other needed rehabilitation
work. The receipt of a grant pursuant to this section shall not affect the applicant's eligibility
for other Housing Finance Agency loan or grant programs.

Sec. 11.

Minnesota Statutes 2022, section 462A.05, subdivision 21, is amended to read:


Subd. 21.

Rental property loans.

The agency may make or purchase loans to owners
of rental property that is occupied or intended for occupancy primarily by low- and
moderate-income tenants and which does not comply with the standards established in
section 326B.106, subdivision 1, for the purpose of energy deleted text begin improvementsdeleted text end new text begin decarbonization,
climate resiliency, and other qualified projects
new text end necessary to bring the property into full or
partial compliance with these standards. For property which meets the other requirements
of this subdivision, a loan may also be used for moderate rehabilitation of the property. The
authority granted in this subdivision is in addition to and not in limitation of any other
authority granted to the agency in this chapter. The limitations on eligible mortgagors
contained in section 462A.03, subdivision 13, do not apply to loans under this subdivision.
Loans for the improvement of rental property pursuant to this subdivision may contain
provisions that repayment is not required in whole or in part subject to terms and conditions
determined by the agency to be necessary and desirable to encourage owners to maximize
rehabilitation of properties.

Sec. 12.

Minnesota Statutes 2022, section 462A.05, subdivision 23, is amended to read:


Subd. 23.

Insuring financial institution loans.

The agency may participate in loans or
establish a fund to insure loans, or portions of loans, that are made by any banking institution,
savings association, or other lender approved by the agency, organized under the laws of
this or any other state or of the United States having an office in this state, to owners of
renter-occupied homes or apartments that do not comply with standards set forth in section
326B.106, subdivision 1, without limitations relating to the maximum incomes of the owners
or tenants. The proceeds of the insured portion of the loan must be used to pay the costs of
improvements, including all related structural and other improvements, that will reduce
energy consumptionnew text begin , that will decarbonize, and that will ensure the climate resiliency of
housing
new text end .

Sec. 13.

Minnesota Statutes 2023 Supplement, section 462A.05, subdivision 45, is amended
to read:


Subd. 45.

Indian Tribes.

Notwithstanding any other provision in this chapter, at its
discretion the agency may make any federally recognized Indian Tribe in Minnesota, or
their associated Tribally Designated Housing Entity (TDHE) as defined by United States
Code, title 25, section 4103(22), eligible for new text begin agency new text end funding deleted text begin authorized under this chapterdeleted text end .

Sec. 14.

new text begin [462A.051] WAGE THEFT PREVENTION AND USE OF RESPONSIBLE
CONTRACTORS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to all forms of financial assistance
provided by the Minnesota Housing Finance Agency, as well as the allocation of federal
low-income housing credits, for the development, construction, rehabilitation, renovation,
or retrofitting of multiunit residential housing, including loans, grants, tax credits, loan
guarantees, loan insurance, and other financial assistance.
new text end

new text begin Subd. 2. new text end

new text begin Disclosures. new text end

new text begin An applicant for financial assistance under this chapter shall
disclose in the application any conviction, court judgment, agency determination, legal
settlement, ongoing criminal or civil investigation, or lawsuit involving alleged violations
of sections 177.24, 177.25, 177.32, 177.41 to 177.44, 181.03, 181.101, 181.13, 181.14,
181.722, 181.723, 181A.01 to 181A.12, or 609.52, subdivision 2, paragraph (a), clause (19),
or United States Code, title 29, sections 201 to 219, or title 40, sections 3141 to 3148, arising
or occurring within the preceding five years on a construction project owned or managed
by the developer or owner of the proposed project, the intended general contractor for the
proposed project, or any of their respective parent companies, subsidiaries, or other affiliated
companies. An applicant for financial assistance shall make the disclosures required by this
subdivision available within 14 calendar days to any member of the public who submits a
request by mail or electronic correspondence. The applicant shall designate a public
information officer who will serve as a point of contact for public inquiries.
new text end

new text begin Subd. 3. new text end

new text begin Responsible contractors required. new text end

new text begin As a condition of receiving financial
assistance, the applicant shall verify that every contractor or subcontractor of any tier
performing work on the proposed project meets the minimum criteria to be a responsible
contractor under section 16C.285, subdivision 3. This verification must meet the criteria
defined in section 16C.285, subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Certified contractor lists. new text end

new text begin As a condition of receiving financial assistance, the
applicant shall have available at the development site main office a list of every contractor
and subcontractor of any tier that performs work or is expected to perform work on the
proposed project, as described in section 16C.285, subdivision 5, including the following
information for each contractor and subcontractor: business name, scope of work, Department
of Labor and Industry registration number, business name of the entity contracting its
services, business telephone number and email address, and actual or anticipated number
of workers on the project. The applicant shall establish the initial contractor list 30 days
before the start of construction and shall update the list each month thereafter until
construction is complete. The applicant shall post the contractor list in a conspicuous location
at the project site and make the contractor list available to members of the public upon
request.
new text end

new text begin Subd. 5. new text end

new text begin Wage theft remedy. new text end

new text begin If any contractor or subcontractor of any tier is found to
have failed to pay statutorily required wages under section 609.52, subdivision 1, clause
(13), on a project receiving financial assistance or an allocation of federal low-income
housing tax credits from or through the agency, the recipient is responsible for correcting
the violation.
new text end

new text begin Subd. 6. new text end

new text begin Wage theft prevention plans; disqualification. new text end

new text begin (a) If any contractor or
subcontractor of any tier fails to pay statutorily required wages on a project receiving
financial assistance from or through the agency as determined by an enforcement entity,
the recipient must have a wage theft prevention plan to be eligible for further financial
assistance from the agency. The project developer's wage theft prevention plan must describe
detailed measures that the project developer and its general contractor have taken and are
committed to take to prevent wage theft on the project, including provisions in any
construction contracts and subcontracts on the project. The plan must be submitted to the
Department of Labor and Industry who will review the plan. The Department of Labor and
Industry may require the project developer to amend the plan or adopt policies or protocols
in the plan. Once approved by the Department of Labor and Industry, the wage theft
prevention plan must be submitted by the project developer to the agency with any subsequent
application for financial assistance from the agency. Such wage theft prevention plans shall
be made available to members of the public by the agency upon request.
new text end

new text begin (b) A developer is disqualified from receiving financial assistance from or through the
agency for three years if any of the developer's contractors or subcontractors of any tier are
found by an enforcement agency to have, within three years after entering into a wage theft
prevention plan under paragraph (a), failed to pay statutorily required wages on a project
receiving financial assistance from or through the agency for a total underpayment of $25,000
or more.
new text end

new text begin Subd. 7. new text end

new text begin Enforcement. new text end

new text begin The agency may deny an application for financial assistance
that does not comply with this section or if the applicant refuses to enter into the agreements
required by this section. The agency may withhold financial assistance that has been
previously approved if the agency determines that the applicant has engaged in unacceptable
practices by failing to comply with this section until the violation is cured.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for financial assistance provided after
August 1, 2024, except Minnesota Statutes, section 462A.051, subdivision 2, does not apply
to requests for proposals that were initiated prior to August 1, 2024.
new text end

Sec. 15.

Minnesota Statutes 2022, section 462A.07, is amended by adding a subdivision
to read:


new text begin Subd. 18. new text end

new text begin Rent and income limits. new text end

new text begin Notwithstanding any law to the contrary, to promote
efficiency in program administration, underwriting, and compliance, the commissioner may
adjust income or rent limits for any multifamily capital funding program authorized under
state law to align with federal rent or income limits in sections 42 and 142 of the Internal
Revenue Code of 1986, as amended. Adjustments made under this subdivision are exempt
from the rulemaking requirements of chapter 14.
new text end

Sec. 16.

Minnesota Statutes 2022, section 462A.07, is amended by adding a subdivision
to read:


new text begin Subd. 19. new text end

new text begin Eligibility for agency programs. new text end

new text begin The agency may determine that a household
or project unit meets the rent or income requirements for a program if the household or unit
receives or participates in income-based state or federal public assistance benefits, including
but not limited to:
new text end

new text begin (1) child care assistance programs under chapter 119B;
new text end

new text begin (2) general assistance, Minnesota supplemental aid, or food support under chapter 256D;
new text end

new text begin (3) housing support under chapter 256I;
new text end

new text begin (4) Minnesota family investment program and diversionary work program under chapter
256J; and
new text end

new text begin (5) economic assistance programs under chapter 256P.
new text end

Sec. 17.

Minnesota Statutes 2022, section 462A.202, subdivision 3a, is amended to read:


Subd. 3a.

Permanent rental housing.

The agency may make loans, with or without
interest, to cities and counties to finance the construction, acquisition, or rehabilitation of
affordable, permanent, publicly owned rental housingnew text begin , including housing owned by a public
corporation created pursuant to section 469.0121
new text end . Loans made under this subdivision are
subject to the restrictions of subdivision 7. In making loans under this subdivision, the
agency shall give priority to projects that increase the supply of affordable family housing.

Sec. 18.

new text begin [462A.2096] ANNUAL PROJECTION OF EMERGENCY RENTAL
ASSISTANCE NEEDS.
new text end

new text begin The agency must develop a projection of emergency rental assistance needs in
consultation with the commissioner of human services and representatives from county and
Tribal housing administrators and housing nonprofit agencies. The projection must identify
the amount of funding required to meet all emergency rental assistance needs, including
the family homelessness prevention and assistance program, the emergency assistance
program, and emergency general assistance. By January 15 each year, the commissioner
must submit a report on the projected need for emergency rental assistance to the chairs and
ranking minority members of the legislative committees having jurisdiction over housing
and human services finance and policy.
new text end

Sec. 19.

Minnesota Statutes 2022, section 462A.21, subdivision 7, is amended to read:


Subd. 7.

Energy efficiency loans.

The agency may make loans to low and moderate
income persons who own existing residential housing for the purpose of improving the
deleted text begin efficientdeleted text end energy deleted text begin utilizationdeleted text end new text begin decarbonization and climate resiliencynew text end of the housing. Permitted
improvements shall include installation or upgrading of ceiling, wall, floor and duct
insulation, storm windows and doors, and caulking and weatherstripping. The improvements
shall not be inconsistent with the energy standards as promulgated as part of the State
Building Code; provided that the improvements need not bring the housing into full
compliance with the energy standards. Any loan for such purpose shall be made only upon
determination by the agency that such loan is not otherwise available, wholly or in part,
from private lenders upon equivalent terms and conditions. The agency may promulgate
rules as necessary to implement and make specific the provisions of this subdivision. The
rules shall be designed to permit the state, to the extent not inconsistent with this chapter,
to seek federal grants or loans for energy deleted text begin purposesdeleted text end new text begin decarbonization, climate resiliency, and
other qualified projects
new text end .

Sec. 20.

Minnesota Statutes 2022, section 462A.21, subdivision 8b, is amended to read:


Subd. 8b.

Family rental housing.

It may establish a family rental housing assistance
program to provide loans or direct rental subsidies for housing for families with incomes
of up to 80 percent of state median income, or to provide grants for the operating cost of
public housing. Priority must be given to those developments with resident families with
the lowest income. The development may be financed by the agency or other public or
private lenders. Direct rental subsidies must be administered by the agency for the benefit
of eligible families. Financial assistance provided under this subdivision to recipients of aid
to families with dependent children must be in the form of vendor payments whenever
possible. Loans, grants, and direct rental subsidies under this subdivision may be made only
with specific appropriations by the legislature. The limitations on eligible mortgagors
contained in section 462A.03, subdivision 13, do not apply to loans for the new text begin recapitalization
or
new text end rehabilitation of existing housing under this subdivision.

Sec. 21.

Minnesota Statutes 2023 Supplement, section 462A.22, subdivision 1, is amended
to read:


Subdivision 1.

Debt ceiling.

The aggregate principal amount of general obligation bonds
and notes which are outstanding at any time, excluding the principal amount of any bonds
and notes refunded by the issuance of new bonds or notes, shall not exceed the sum of
deleted text begin $5,000,000,000deleted text end new text begin $7,000,000,000new text end .

Sec. 22.

Minnesota Statutes 2022, section 462A.222, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Limitation on rental increases. new text end

new text begin (a) This subdivision applies to any project
that is restricted to seniors, as defined by section 462A.37, subdivision 1, paragraph (h),
and that receives low-income housing tax credits provided under section 42 of the Internal
Revenue Code of 1986, as amended. The rent in a project may not increase in any 12-month
period by a percentage more than the greater of:
new text end

new text begin (1) the percentage that benefit amounts for Social Security or Supplemental Security
Income recipients were increased pursuant to United States Code, title 42, sections 415(i)
and 1382f, in the preceding 12-month period; or
new text end

new text begin (2) zero percent.
new text end

new text begin (b) This subdivision does not apply to projects owned by a nonprofit entity or to a unit
occupied by an individual receiving ongoing government-subsidized rental assistance.
new text end

Sec. 23.

Minnesota Statutes 2022, section 462A.35, subdivision 2, is amended to read:


Subd. 2.

Expending funds.

The agency may expend the money in the Minnesota
manufactured home relocation trust fund to the extent necessary to carry out the objectives
of section 327C.095, subdivision 13, by making payments to manufactured home owners,
or other parties approved by the third-party neutral, under subdivision 13, paragraphs (a)
and (e), and to pay the costs of administering the fund. Money in the fund is appropriated
to the agency for these purposes and deleted text begin to the commissioner of management and budgetdeleted text end to pay
costs incurred deleted text begin by the commissioner of management and budgetdeleted text end to administer the fund.

Sec. 24.

Minnesota Statutes 2023 Supplement, section 462A.37, subdivision 2, is amended
to read:


Subd. 2.

Authorization.

(a) The agency may issue up to $30,000,000 in aggregate
principal amount of housing infrastructure bonds in one or more series to which the payment
made under this section may be pledged. The housing infrastructure bonds authorized in
this subdivision may be issued to fund loans, or grants for the purposes of clauses (4) and
(7), on terms and conditions the agency deems appropriate, made for one or more of the
following purposes:

(1) to finance the costs of the construction, acquisition,new text begin recapitalization,new text end and rehabilitation
of supportive housingnew text begin where at least 50 percent of units are set asidenew text end for individuals and
families who are without a permanent residence;

(2) to finance the costs of the acquisition and rehabilitation of foreclosed or abandoned
housing to be used for affordable rental housingnew text begin or for affordable home ownershipnew text end and the
costs of new construction of rental housing on abandoned or foreclosed property where the
existing structures will be demolished or removed;

(3) to finance that portion of the costs of acquisition of property that is attributable to
the land to be leased by community land trusts to low- and moderate-income home buyers;

(4) to finance the acquisition, improvement, and infrastructure of manufactured home
parks under section 462A.2035, subdivision 1b;

(5) to finance the costs of acquisition, rehabilitation, adaptive reuse,new text begin recapitalization,new text end or
new construction of senior housing;

(6) to finance the costs of acquisition, rehabilitation,new text begin recapitalization,new text end and replacement
of federally assisted rental housing and for the refinancing of costs of the construction,
acquisition, and rehabilitation of federally assisted rental housing, including providing funds
to refund, in whole or in part, outstanding bonds previously issued by the agency or another
government unit to finance or refinance such costs;

(7) to finance the costs of acquisition, rehabilitation, adaptive reuse, or new construction
of single-family housing; deleted text begin and
deleted text end

(8) to finance the costs of construction, acquisition,new text begin recapitalization,new text end and rehabilitation
of permanent housing that is affordable to households with incomes at or below 50 percent
of the area median income for the applicable county or metropolitan area as published by
the Department of Housing and Urban Development, as adjusted for household sizenew text begin ;
new text end

new text begin (9) to finance the recapitalization of a distressed building; and
new text end

new text begin (10) to finance the costs of construction, acquisition, recapitalization, rehabilitation,
conversion, and development of cooperatively owned housing created under chapter 308A
or 308B that is affordable to low- and moderate-income households
new text end .

(b) Among comparable proposals for permanent supportive housing, preference shall
be given to permanent supportive housing for veterans and other individuals or families
who:

(1) either have been without a permanent residence for at least 12 months or at least four
times in the last three years; or

(2) are at significant risk of lacking a permanent residence for 12 months or at least four
times in the last three years.

(c) Among comparable proposals for senior housing, the agency must give priority to
requests for projects that:

(1) demonstrate a commitment to maintaining the housing financed as affordable to
senior households;

(2) leverage other sources of funding to finance the project, including the use of
low-income housing tax credits;

(3) provide access to services to residents and demonstrate the ability to increase physical
supports and support services as residents age and experience increasing levels of disability;
and

(4) include households with incomes that do not exceed 30 percent of the median
household income for the metropolitan area.

(d) To the extent practicable, the agency shall balance the loans made between projects
in the metropolitan area and projects outside the metropolitan area. Of the loans made to
projects outside the metropolitan area, the agency shall, to the extent practicable, balance
the loans made between projects in counties or cities with a population of 20,000 or less,
as established by the most recent decennial census, and projects in counties or cities with
populations in excess of 20,000.

(e) Among comparable proposals for permanent housing, the agency must give preference
to projects that will provide housing that is affordable to households at or below 30 percent
of the area median income.

(f) If a loan recipient uses the loan for new construction or substantial rehabilitation as
defined by the agency on a building containing more than four units, the loan recipient must
construct, convert, or otherwise adapt the building to include:

(1) the greater of: (i) at least one unit; or (ii) at least five percent of units that are
accessible units, as defined by section 1002 of the current State Building Code Accessibility
Provisions for Dwelling Units in Minnesota, and include at least one roll-in showernew text begin in at
least one accessible unit as defined by section 1002 of the current State Building Code
Accessibility Provisions for Dwelling Units in Minnesota
new text end ; and

(2) the greater of: (i) at least one unit; or (ii) at least five percent of units that are
sensory-accessible units that include:

(A) soundproofing between shared walls for first and second floor units;

(B) no florescent lighting in units and common areas;

(C) low-fume paint;

(D) low-chemical carpet; and

(E) low-chemical carpet glue in units and common areas.

Nothing in this paragraph relieves a project funded by the agency from meeting other
applicable accessibility requirements.

Sec. 25.

Minnesota Statutes 2022, section 462A.37, is amended by adding a subdivision
to read:


new text begin Subd. 2j. new text end

new text begin Additional authorization. new text end

new text begin In addition to the amount authorized in subdivisions
2 to 2i, the agency may issue up to $50,000,000.
new text end

Sec. 26.

Minnesota Statutes 2023 Supplement, section 462A.37, subdivision 5, is amended
to read:


Subd. 5.

Additional appropriation.

(a) The agency must certify annually to the
commissioner of management and budget the actual amount of annual debt service on each
series of bonds issued under this section.

(b) Each July 15, beginning in 2015 and through 2037, if any housing infrastructure
bonds issued under subdivision 2a, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a), not to exceed $6,400,000 annually. The amounts
necessary to make the transfers are appropriated from the general fund to the commissioner
of management and budget.

(c) Each July 15, beginning in 2017 and through 2038, if any housing infrastructure
bonds issued under subdivision 2b, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a), not to exceed $800,000 annually. The amounts
necessary to make the transfers are appropriated from the general fund to the commissioner
of management and budget.

(d) Each July 15, beginning in 2019 and through 2040, if any housing infrastructure
bonds issued under subdivision 2c, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a), not to exceed $2,800,000 annually. The amounts
necessary to make the transfers are appropriated from the general fund to the commissioner
of management and budget.

(e) Each July 15, beginning in 2020 and through 2041, if any housing infrastructure
bonds issued under subdivision 2d, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.

(f) Each July 15, beginning in 2020 and through 2041, if any housing infrastructure
bonds issued under subdivision 2e, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.

(g) Each July 15, beginning in 2022 and through 2043, if any housing infrastructure
bonds issued under subdivision 2f, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.

(h) Each July 15, beginning in 2022 and through 2043, if any housing infrastructure
bonds issued under subdivision 2g, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.

(i) Each July 15, beginning in 2023 and through 2044, if any housing infrastructure
bonds issued under subdivision 2h, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.

new text begin (j) Each July 15, beginning in 2026 and through 2047, if any housing infrastructure
bonds issued under subdivision 2j, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.
new text end

deleted text begin (j)deleted text end new text begin (k) new text end The agency may pledge to the payment of the housing infrastructure bonds the
payments to be made by the state under this section.

Sec. 27.

Minnesota Statutes 2023 Supplement, section 462A.39, subdivision 2, is amended
to read:


Subd. 2.

Definitions.

(a) For purposes of this section, the following terms have the
meanings given.

(b) "Eligible project area" means a home rule charter or statutory city located outside
of a metropolitan county as defined in section 473.121, subdivision 4deleted text begin , with a population
exceeding 500; a community that has a combined population of 1,500 residents located
within 15 miles of a home rule charter or statutory city located outside a metropolitan county
as defined in section 473.121, subdivision 4
deleted text end ; federally recognized Tribal reservations; or
an area served by a joint county-city economic development authority.

(c) "Joint county-city economic development authority" means an economic development
authority formed under Laws 1988, chapter 516, section 1, as a joint partnership between
a city and county and excluding those established by the county only.

(d) "Market rate residential rental properties" means properties that are rented at market
value, including new modular homes, new manufactured homes, and new manufactured
homes on leased land or in a manufactured home park, and may include rental developments
that have a portion of income-restricted units.

(e) "Qualified expenditure" means expenditures for market rate residential rental
properties including acquisition of property; construction of improvements; and provisions
of loans or subsidies, grants, interest rate subsidies, public infrastructure, and related financing
costs.

Sec. 28.

Minnesota Statutes 2022, section 462A.40, subdivision 2, is amended to read:


Subd. 2.

Use of funds; grant and loan program.

(a) The agency may award grants and
loans to be used for multifamily and single family developments for persons and families
of low and moderate income. Allowable use of the funds include: gap financing, as defined
in section 462A.33, subdivision 1; new construction; acquisition; rehabilitation; demolition
or removal of existing structures; construction financing; permanent financing; interest rate
reduction; and refinancing.

(b) The agency may give preference for grants and loans to comparable proposals that
include regulatory changes or waivers that result in identifiable cost avoidance or cost
reductions, including but not limited to increased density, flexibility in site development
standards, or zoning code requirements.

deleted text begin (c) The agency shall separately set aside:
deleted text end

deleted text begin (1) at least ten percent of the financing under this section for housing units located in a
township or city with a population of 2,500 or less that is located outside the metropolitan
area, as defined in section 473.121, subdivision 2;
deleted text end

deleted text begin (2) at least 35 percent of the financing under this section for housing for persons and
families whose income is 50 percent or less of the area median income for the applicable
county or metropolitan area as published by the Department of Housing and Urban
Development, as adjusted for household size; and
deleted text end

deleted text begin (3) at least 25 percent of the financing under this section for single-family housing.
deleted text end

deleted text begin (d) If by September 1 of each year the agency does not receive requests to use all of the
amounts set aside under paragraph (c), the agency may use any remaining financing for
other projects eligible under this section.
deleted text end

Sec. 29.

Minnesota Statutes 2022, section 462A.40, subdivision 3, is amended to read:


Subd. 3.

Eligible recipients; definitions; restrictions; use of funds.

(a) The agency
may award new text begin a grant or new text end a loan to any recipient that qualifies under subdivision 2. The agency
must not award a grant new text begin or a loan new text end to a disqualified individual or disqualified business.

(b) For the purposes of this subdivision disqualified individual means deleted text begin an individual whodeleted text end :

(1) new text begin an individual who or an individual whose immediate family member new text end made a
contribution to the account in the current or prior taxable year and received a credit certificate;

(2) new text begin an individual who or an individual whose immediate family member new text end owns the housing
for which the grant or loan will be used deleted text begin and is using that housing as their domiciledeleted text end ;

(3) new text begin an individual who new text end meets the following criteria:

(i) the individual is an officer or principal of a business entity; and

(ii) that business entity made a contribution to the account in the current or previous
taxable year and received a credit certificate; or

(4) new text begin an individual who new text end meets the following criteria:

(i) the individual new text begin directly new text end owns, controls, or holds the power to vote 20 percent or more
of the outstanding securities of a business entity; and

(ii) that business entity made a contribution to the account in the current or previous
taxable year and received a credit certificate.

(c) For the purposes of this subdivision disqualified business means a business entity
that:

(1) made a contribution to the account in the current or prior taxable year and received
a credit certificate;

(2) has an officer or principal who is an individual who made a contribution to the
account in the current or previous taxable year and received a credit certificate; or

(3) meets the following criteria:

(i) the business entity is new text begin directly new text end owned, controlled, or is subject to the power to vote 20
percent or more of the outstanding securities by an individual or business entity; and

(ii) that controlling individual or business entity made a contribution to the account in
the current or previous taxable year and received a credit certificate.

(d) deleted text begin The disqualifications in paragraphs (b) and (c) apply if the taxpayer would be
disqualified either individually or in combination with one or more members of the taxpayer's
family, as defined in the Internal Revenue Code, section 267(c)(4).
deleted text end new text begin For purposes of this
subdivision, "immediate family" means the taxpayer's spouse, parent or parent's spouse,
sibling or sibling's spouse, or child or child's spouse.
new text end For a married couple filing a joint
return, the limitations in this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end apply collectively to the taxpayer and
spouse. deleted text begin For purposes of determining the ownership interest of a taxpayer under paragraph
(a), clause (4), the rules under sections 267(c) and 267(e) of the Internal Revenue Code
apply.
deleted text end

(e) Before applying for a grant or loan, all recipients must sign a disclosure that the
disqualifications under this subdivision do not apply. The Minnesota Housing Finance
Agency must prescribe the form of the disclosure.new text begin The Minnesota Housing Finance Agency
may rely on the disclosure to determine the eligibility of recipients under paragraph (a).
new text end

(f) The agency may award grants or loans to a city as defined in section 462A.03,
subdivision 21; a federally recognized American Indian tribe or subdivision located in
Minnesota; a tribal housing corporation; a private developer; a nonprofit organization; a
housing and redevelopment authority under sections 469.001 to 469.047; a public housing
authority or agency authorized by law to exercise any of the powers granted by sections
469.001 to 469.047; or the owner of the housing. The provisions of subdivision 2, and
paragraphs (a) to (e) and (g) of this subdivision, regarding the use of funds and eligible
recipients apply to grants and loans awarded under this paragraph.

(g) deleted text begin Except for the set-aside provided in subdivision 2, paragraph (d),deleted text end Eligible recipients
must use the funds to serve households that meet the income limits as provided in section
462A.33, subdivision 5.

Sec. 30.

Minnesota Statutes 2022, section 462C.02, subdivision 6, is amended to read:


Subd. 6.

City.

"City" means any statutory or home rule charter city, a county housing
and redevelopment authority created by special law or authorized by its county to exercise
its powers pursuant to section 469.004, or any public body which (a) is the housing and
redevelopment authority in and for a statutory or home rule charter city, the port authority
of a statutory or home rule charter city, deleted text begin ordeleted text end an economic development authority of a city
established under sections 469.090 to 469.108, new text begin or a public corporation created pursuant to
section 469.0121,
new text end and (b) is authorized by ordinance to exercise, on behalf of a statutory or
home rule charter city, the powers conferred by sections 462C.01 to 462C.10.

Sec. 31.

Minnesota Statutes 2022, section 469.012, subdivision 2j, is amended to read:


Subd. 2j.

May be in LLP, LLC, or corporation; bound as if HRA.

new text begin (a) new text end An authority
may become a member or shareholder in and enter into or form limited partnerships, limited
liability companies, or corporations for the purpose of developing, constructing, rehabilitating,
managing, supporting, or preserving housing projects and housing development projects,
including low-income housing tax credit projects. These limited partnerships, limited liability
companies, or corporations are subject to all of the provisions of sections 469.001 to 469.047
and other laws that apply to housing and redevelopment authorities, as if the limited
partnership, limited liability company, or corporation were a housing and redevelopment
authority.

new text begin (b) An authority may create a public corporation in accordance with section 469.0121
for the purpose of purchasing, owning, and operating real property converted through the
federal Rental Assistance Demonstration program under Public Law 112-55, as amended.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 32.

new text begin [469.0121] PUBLIC CORPORATION; RENTAL ASSISTANCE
DEMONSTRATION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Authority" has the meaning given under section 469.002, subdivision 2.
new text end

new text begin (c) "Board" means the board of directors of a corporation created under this section.
new text end

new text begin (d) "Corporation" means a public corporation created under this section.
new text end

new text begin (e) "RAD" means the federal Rental Assistance Demonstration program under Public
Law 112-55, as amended.
new text end

new text begin Subd. 2. new text end

new text begin Public corporation created. new text end

new text begin An authority may create a public corporation to
purchase, own, and operate real property that has been converted through RAD to preserve
and improve public housing properties. A public corporation created under this section is
also a political subdivision of the state and is limited to the powers in this section.
new text end

new text begin Subd. 3. new text end

new text begin Corporation powers. new text end

new text begin (a) The corporation has the following general powers:
new text end

new text begin (1) to have succession until dissolved by law;
new text end

new text begin (2) to sue and be sued in its corporate name;
new text end

new text begin (3) to adopt, alter, and use a corporate seal which shall be judicially noticed;
new text end

new text begin (4) to accept, hold, and administer gifts and bequests of money, securities, or other
personal property of whatsoever character, absolutely or in trust, for the purposes for which
the corporation is created. Unless otherwise restricted by the terms of the gift or bequest,
the corporation is authorized to sell, exchange, or otherwise dispose of and to invest or
reinvest in such investments as it may determine from time to time the money, securities,
or other property given or bequeathed to it. The principal of such corporate funds and the
income therefrom, and all other revenues received by it from any source whatsoever shall
be placed in such depositories as the board of directors shall determine and shall be subject
to expenditure for corporate purposes;
new text end

new text begin (5) to enter into contracts generally and to execute all instruments necessary or appropriate
to carry out its corporate purposes;
new text end

new text begin (6) to appoint and prescribe the duties of officers, agents, and employees as may be
necessary to carry out its work and to compensate them;
new text end

new text begin (7) to purchase all supplies and materials necessary for carrying out its purposes;
new text end

new text begin (8) to accept from the United States or the state of Minnesota, or any of their agencies,
money or other assistance whether by gift, loan, or otherwise to carry out its corporate
purposes, and enter into such contracts with the United States or the state of Minnesota, or
any of the agencies of either, or with any of the political subdivisions of the state, as it may
deem proper and consistent with the purposes of this section;
new text end

new text begin (9) to contract and make cooperative agreements with federal, state, and municipal
departments and agencies and private corporations, associations, and individuals for the use
of the corporation property, including but not limited to rental agreements; and
new text end

new text begin (10) to acquire real or personal property or any interest therein in any manner authorized
under section 469.012, subdivision 1g, including by the exercise of eminent domain.
new text end

new text begin (b) A corporation may acquire properties converted under RAD, subject to restrictions
and conditions compatible with funding acquisitions of and improvements to real property
with state general obligation bond proceeds. The commissioner of management and budget
must determine the necessary restrictions and conditions under this paragraph.
new text end

new text begin Subd. 4. new text end

new text begin Board of directors. new text end

new text begin (a) A corporation is governed by a board of directors as
follows:
new text end

new text begin (1) a member of the city council from the city in which the corporation is incorporated;
and
new text end

new text begin (2) a commissioner of the authority that created the corporation.
new text end

new text begin (b) The term of a director is six years. Two members of the initial board of directors
must be appointed for terms of four years, and one for a term of two years.
new text end

new text begin (c) Vacancies on the board must be filled by the authority.
new text end

new text begin (d) Board members must not be compensated for their service as board members other
than to be reimbursed for reasonable expenses incurred in connection with their duties as
board members. Reimbursement shall be reviewed each year by the state auditor.
new text end

new text begin (e) The board must annually elect from among its members a chair and other officers
necessary for the performance of its duties.
new text end

new text begin Subd. 5. new text end

new text begin Bylaws. new text end

new text begin The board of directors must adopt bylaws and rules as it deems
necessary for the administration of its functions and the accomplishment of its purpose,
including among other matters the establishment of a business office and the rules, the use
of the project-based rental assistance properties, and the administration of corporation funds.
new text end

new text begin Subd. 6. new text end

new text begin Place of business. new text end

new text begin The board must locate and maintain the corporation's place
of business in the city in which the authority that created the corporation is located.
new text end

new text begin Subd. 7. new text end

new text begin Open meetings; data practices. new text end

new text begin Meetings of the board are subject to chapter
13D and meetings of the board conducted by interactive technology are subject to section
13D.02. The board is subject to chapter 13, the Minnesota Government Data Practices Act,
and shall protect from unlawful disclosure data classified as not public.
new text end

new text begin Subd. 8. new text end

new text begin Compliance. new text end

new text begin The corporation must comply with all federal, state, and local
laws, rules, ordinances, and other regulations required to own and operate properties as
project-based rental assistance properties.
new text end

new text begin Subd. 9. new text end

new text begin Dissolution. new text end

new text begin Upon dissolution of the corporation for any reason, its wholly
owned assets become property of the authority that created the corporation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 33.

Minnesota Statutes 2023 Supplement, section 477A.35, subdivision 1, is amended
to read:


Subdivision 1.

Purpose.

The purpose of this section is to help metropolitan local
governments to develop and preserve affordable housingnew text begin and supportive services for residentsnew text end
within their jurisdictions in order to keep families from losing housing and to help those
experiencing homelessness find housing.

Sec. 34.

Minnesota Statutes 2023 Supplement, section 477A.35, subdivision 2, is amended
to read:


Subd. 2.

Definitions.

new text begin (a) new text end For the purposes of this section, the following terms have the
meanings givendeleted text begin :deleted text end new text begin .
new text end

deleted text begin (1)deleted text end new text begin (b)new text end "City distribution factor" means the number of households in a tier I city that are
cost-burdened divided by the total number of households that are cost-burdened in tier I
cities. The number of cost-burdened households shall be determined using the most recent
estimates or experimental estimates provided by the American Community Survey of the
United States Census Bureau as of May 1 of the aid calculation yeardeleted text begin ;deleted text end new text begin .
new text end

deleted text begin (2)deleted text end new text begin (c)new text end "Cost-burdened household" means a household in which gross rent is 30 percent
or more of household income or in which homeownership costs are 30 percent or more of
household incomedeleted text begin ;deleted text end new text begin .
new text end

deleted text begin (3)deleted text end new text begin (d)new text end "County distribution factor" means the number of households in a county that
are cost-burdened divided by the total number of households in metropolitan counties that
are cost-burdened. The number of cost-burdened households shall be determined using the
most recent estimates or experimental estimates provided by the American Community
Survey of the United States Census Bureau as of May 1 of the aid calculation yeardeleted text begin ;deleted text end new text begin .
new text end

new text begin (e) "Locally funded housing expenditures" means expenditures of the aid recipient,
including expenditures by a public corporation or legal entity created by the aid recipient,
that are:
new text end

new text begin (1) funded from the recipient's general fund, a property tax levy of the recipient or its
housing and redevelopment authority, or unrestricted money available to the recipient, but
not including tax increments; and
new text end

new text begin (2) expended on one of the following qualifying activities:
new text end

new text begin (i) financial assistance to residents in arrears on rent, mortgage, utilities, or property tax
payments;
new text end

new text begin (ii) support services, case management services, and legal services for residents in arrears
on rent, mortgage, utilities, or property tax payments;
new text end

new text begin (iii) down payment assistance or homeownership education, counseling, and training;
new text end

new text begin (iv) acquisition, construction, rehabilitation, adaptive reuse, improvement, financing,
and infrastructure of residential dwellings;
new text end

new text begin (v) costs of operating emergency shelter, transitional housing, supportive housing, or
publicly owned housing, including costs of providing case management services and support
services; and
new text end

new text begin (vi) rental assistance.
new text end

deleted text begin (4)deleted text end new text begin (f)new text end "Metropolitan area" has the meaning given in section 473.121, subdivision 2;

deleted text begin (5)deleted text end new text begin (g)new text end "Metropolitan county" has the meaning given in section 473.121, subdivision 4;

deleted text begin (6)deleted text end new text begin (h)new text end "Population" has the meaning given in section 477A.011, subdivision 3; and

deleted text begin (7)deleted text end new text begin (i)new text end "Tier I city" means a statutory or home rule charter city that is a city of the first,
second, or third class and is located in a metropolitan county.

Sec. 35.

Minnesota Statutes 2023 Supplement, section 477A.35, subdivision 4, is amended
to read:


Subd. 4.

Qualifying projects.

(a) Qualifying projects deleted text begin shalldeleted text end include:

(1) emergency rental assistance for households earning less than 80 percent of area
median income as determined by the United States Department of Housing and Urban
Development;

(2) financial support to nonprofit affordable housing providers in their mission to provide
safe, dignified, affordable and supportive housing; deleted text begin and
deleted text end

(3) projects designed for the purpose of construction, acquisition, rehabilitation,
demolition or removal of existing structures, construction financing, permanent financing,
interest rate reduction, refinancing, and gap financing of housing to provide affordable
housing to households that have incomes which do not exceed, for homeownership projects,
115 percent of the greater of state or area median income as determined by the United States
Department of Housing and Urban Development, and for rental housing projects, 80 percent
of the greater of state or area median income as determined by the United States Department
of Housing and Urban Development, except that the housing developed or rehabilitated
with funds under this section must be affordable to the local work forcenew text begin ;
new text end

new text begin (4) financing the operations and management of financially distressed residential
properties;
new text end

new text begin (5) funding of supportive services or staff of supportive services providers for supportive
housing as defined by section 462A.37, subdivision 1. Financial support to nonprofit housing
providers to finance supportive housing operations may be awarded as a capitalized reserve
or as an award of ongoing funding; and
new text end

new text begin (6) costs of operating emergency shelter facilities, including the costs of providing
services
new text end .

deleted text begin Projects shall be prioritizeddeleted text end new text begin (b) Recipients must prioritize projectsnew text end that provide affordable
housing to households that have incomes which do not exceed, for homeownership projects,
80 percent of the greater of state or area median income as determined by the United States
Department of Housing and Urban Development, and for rental housing projects, 50 percent
of the greater of state or area median income as determined by the United States Department
of Housing and Urban Development. Priority may be given to projects that: reduce disparities
in home ownership; reduce housing cost burden, housing instability, or homelessness;
improve the habitability of homes; create accessible housing; or create more energy- or
water-efficient homes.

deleted text begin (b)deleted text end new text begin (c)new text end Gap financing is either:

(1) the difference between the costs of the property, including acquisition, demolition,
rehabilitation, and construction, and the market value of the property upon sale; or

(2) the difference between the cost of the property and the amount the targeted household
can afford for housing, based on industry standards and practices.

deleted text begin (c)deleted text end new text begin (d)new text end If aid under this section is used for demolition or removal of existing structures,
the cleared land must be used for the construction of housing to be owned or rented by
persons who meet the income limits of paragraph (a).

deleted text begin (d)deleted text end new text begin (e)new text end If an aid recipient uses the aid on new construction or substantial rehabilitation
of a building containing more than four units, the loan recipient must construct, convert, or
otherwise adapt the building to include:

(1) the greater of: (i) at least one unit; or (ii) at least five percent of units that are
accessible units, as defined by section 1002 of the current State Building Code Accessibility
Provisions for Dwelling Units in Minnesota, and include at least one roll-in shower; and

(2) the greater of: (i) at least one unit; or (ii) at least five percent of units that are
sensory-accessible units that include:

(A) soundproofing between shared walls for first and second floor units;

(B) no florescent lighting in units and common areas;

(C) low-fume paint;

(D) low-chemical carpet; and

(E) low-chemical carpet glue in units and common areas.

Nothing in this paragraph relieves a project funded by this section from meeting other
applicable accessibility requirements.

Sec. 36.

Minnesota Statutes 2023 Supplement, section 477A.35, subdivision 5, is amended
to read:


Subd. 5.

Use of proceeds.

(a) Any funds distributed under this section must be spent on
a qualifying project. Funds are considered spent on a qualifying project if:

(1) a tier I city or county demonstrates to the Minnesota Housing Finance Agency that
the city or county cannot expend funds on a qualifying project by the deadline imposed by
paragraph (b) due to factors outside the control of the city or county; and

(2) the funds are transferred to a local housing trust fund.

Funds transferred to a local housing trust fund under this paragraph must be spent on a
project or household that meets the affordability requirements of subdivision 4, paragraph
(a).

(b) Funds must be spent by December 31 in the third year following the year after the
aid was received.new text begin The requirements of this paragraph are satisfied if funds are:
new text end

new text begin (1) committed to a qualifying project by December 31 in the third year following the
year after the aid was received; and
new text end

new text begin (2) expended by December 31 in the fourth year following the year after the aid was
received.
new text end

new text begin (c) An aid recipient may not use aid money to reimburse itself for prior expenditures.
new text end

Sec. 37.

Minnesota Statutes 2023 Supplement, section 477A.35, is amended by adding a
subdivision to read:


new text begin Subd. 5a. new text end

new text begin Conditions for receipt. new text end

new text begin (a) As a condition of receiving aid under this section,
a recipient must commit to using money to supplement, not supplant, existing locally funded
housing expenditures, so that they are using the money to create new, or to expand existing,
housing programs.
new text end

new text begin (b) In the annual report required under subdivision 6, a recipient must certify its
compliance with this subdivision, including an accounting of locally funded housing
expenditures in the prior fiscal year. In a tier I city's or county's first report to the Minnesota
Housing Finance Agency, it must document its locally funded housing expenditures in the
two prior fiscal years. If a recipient reduces one of its locally funded housing expenditures,
the recipient must detail the expenditure, the amount of the reduction, and the reason for
the reduction. The certification required under this paragraph must be made available publicly
on the website of the recipient.
new text end

Sec. 38.

Minnesota Statutes 2023 Supplement, section 477A.35, subdivision 6, is amended
to read:


Subd. 6.

Administration.

(a) The commissioner of revenue must compute the amount
of aid payable to each tier I city and county under this section. By August 1 of each year,
the commissioner must certify the distribution factors of each tier I city and county to be
used in the following year. The commissioner must pay local affordable housing aid annually
at the times provided in section 477A.015, distributing the amounts available on the
immediately preceding June 1 under the accounts established in section 477A.37, subdivisions
2 and 3.

(b) Beginning in 2025, tier I cities and counties shall submit a report annually, no later
than December 1 of each year, to the Minnesota Housing Finance Agency. The report must
include documentation of the location of any unspent funds distributed under this section
and of qualifying projects completed or planned with funds under this section. If a tier I
city or county fails to submit a report, if a tier I city or county fails to spend funds within
the timeline imposed under subdivision 5, paragraph (b), deleted text begin ordeleted text end if a tier I city or county uses
funds for a project that does not qualify under this section, new text begin or if a tier I city or county fails
to meet its requirements of subdivision 5a,
new text end the Minnesota Housing Finance Agency shall
notify the Department of Revenue and the cities and counties that must repay funds under
paragraph (c) by February 15 of the following year.

(c) By May 15, after receiving notice from the Minnesota Housing Finance Agency, a
tier I city or county must pay to the Minnesota Housing Finance Agency funds the city or
county received under this section if the city or county:

(1) fails to spend the funds within the time allowed under subdivision 5, paragraph (b);

(2) spends the funds on anything other than a qualifying project; deleted text begin or
deleted text end

(3) fails to submit a report documenting use of the fundsdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (4) fails to meet the requirements of subdivision 5a.
new text end

(d) The commissioner of revenue must stop distributing funds to a tier I city or county
thatnew text begin requests in writing that the commissioner stop payment or thatnew text end , in three consecutive
years, the Minnesota Housing Finance Agency has reported, pursuant to paragraph (b), to
have failed to use funds, misused funds, or failed to report on its use of funds.

(e) The commissioner may resume distributing funds to a tier I city or county to which
the commissioner has stopped payments in the year following the August 1 after the
Minnesota Housing Finance Agency certifies that the city or county has submitted
documentation of plans for a qualifying project.new text begin The commissioner may resume distributing
funds to a tier I city or county to which the commissioner has stopped payments at the
request of the city or county in the year following the August 1 after the Minnesota Housing
Finance Agency certifies that the city or county has submitted documentation of plans for
a qualifying project.
new text end

(f) By June 1, any funds paid to the Minnesota Housing Finance Agency under paragraph
(c) must be deposited in the housing development fund. Funds deposited under this paragraph
are appropriated to the commissioner of the Minnesota Housing Finance Agency for use
on the family homeless prevention and assistance program under section 462A.204, the
economic development and housing challenge program under section 462A.33, and the
workforce and affordable homeownership development program under section 462A.38.

Sec. 39.

Laws 2023, chapter 37, article 1, section 2, subdivision 2, is amended to read:


Subd. 2.

Challenge Program

60,425,000
60,425,000

(a) This appropriation is for the economic
development and housing challenge program
under Minnesota Statutes, sections 462A.33
and 462A.07, subdivision 14.

(b) Of this amount, $6,425,000 each year shall
be made available during the first 11 months
of the fiscal year exclusively for housing
projects for American Indians. Any funds not
committed to housing projects for American
Indians within the annual consolidated request
for funding processes may be available for
any eligible activity under Minnesota Statutes,
sections 462A.33 and 462A.07, subdivision
14
.

(c) Of the amount in the first year, $5,000,000
is for a grant to Urban Homeworks to expand
initiatives pertaining to deeply affordable
homeownership in Minneapolis neighborhoods
with over 40 percent of residents identifying
as Black, Indigenous, or People of Color and
at least 40 percent of residents making less
than 50 percent of the area median income.
The grant is to be used for acquisition,
rehabilitation, new text begin gap financing as defined in
section 462A.33, subdivision 1,
new text end and
construction of homes to be sold to households
with incomes deleted text begin of 50 todeleted text end new text begin at or belownew text end 60 percent
of the area median income. This is a onetime
appropriationdeleted text begin , and is available until June 30,
2027
deleted text end . By December 15 each year deleted text begin until 2027deleted text end ,
Urban Homeworks must submit a report to
the chairs and ranking minority members of
the legislative committees having jurisdiction
over housing finance and policy. The report
must include the amount used for (1)
acquisition, (2) rehabilitation, and (3)
construction of housing units, along with the
number of housing units acquired,
rehabilitated, or constructed, and the amount
of the appropriation that has been spent. If any
home was sold or transferred within the year
covered by the report, Urban Homeworks must
include the price at which the home was sold,
as well as how much was spent to complete
the project before sale.

(d) Of the amount in the first year, $2,000,000
is for a grant to Rondo Community Land
Trust. This is a onetime appropriation.

(e) The base for this program in fiscal year
2026 and beyond is $12,925,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 40.

Laws 2023, chapter 37, article 1, section 2, subdivision 32, is amended to read:


Subd. 32.

Northland Foundation

1,000,000
-0-

This appropriation is for a grant to Northland
Foundation for use on expenditures authorized
under Minnesota Statutes, section 462C.16,
subdivision 3
new text begin , to assist and support
communities in providing housing locally,
new text end and
deleted text begin ondeleted text end new text begin fornew text end assisting local governments to establish
local or regional housing trust funds.
Northland Foundation may award grants and
loans to other entities to expend on authorized
expenditures under this section. This
appropriation is onetime and available until
June 30, 2025.

Sec. 41.

Laws 2023, chapter 37, article 2, section 12, subdivision 2, is amended to read:


Subd. 2.

Eligible homebuyer.

For the purposes of this section, an "eligible homebuyer"
means an individual:

(1) whose income is at or below 130 percent of area median income;

deleted text begin (2) who resides in a census tract where at least 60 percent of occupied housing units are
renter-occupied, based on the most recent estimates or experimental estimates provided by
the American Community Survey of the United States Census Bureau;
deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end who is financing the purchase of an eligible property with an interest-free,
fee-based mortgage; and

deleted text begin (4)deleted text end new text begin (3)new text end who is a first-time homebuyer as defined by Code of Federal Regulations, title
24, section 92.2.

Sec. 42. new text begin TASK FORCE ON LONG-TERM SUSTAINABILITY OF AFFORDABLE
HOUSING.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A task force is established to study the financial health
and stability of affordable housing providers and to provide recommendations to the
Minnesota legislature to promote long-term sustainability of affordable housing providers,
prevent loss of affordable units, and promote housing security for renters.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The task force must assess underlying financial challenges for
affordable housing providers in their pursuit of developing and preserving safe, affordable,
and dignified housing, including examining:
new text end

new text begin (1) factors that are leading to increasing costs, including but not limited to insurance
rates, security costs, and rehabilitation needs;
new text end

new text begin (2) factors that are leading to declining revenues for affordable housing providers,
including but not limited to loss of rent and vacancy issues;
new text end

new text begin (3) the significant financial needs across the entire sector of affordable housing providers;
and
new text end

new text begin (4) the potential impact of loss of housing units under current conditions.
new text end

new text begin (b) The task force must evaluate the current financing and administrative tools that are
being deployed to support housing providers and their effectiveness, including examining:
new text end

new text begin (1) current funding needs, financing programs, and the availability of funding to assess
the level of funding as it relates to overall needs;
new text end

new text begin (2) administrative tools utilized by the Minnesota Housing Finance Agency to support
affordable housing providers; and
new text end

new text begin (3) the effectiveness of current funding programs and tools.
new text end

new text begin (c) The task force must evaluate potential solutions to address identified financial
challenges for affordable housing providers, including:
new text end

new text begin (1) additional funding for existing programs and tools;
new text end

new text begin (2) new financial tools, including new uses of housing infrastructure bonds;
new text end

new text begin (3) mechanisms to fund supportive services in the development process for new affordable
housing projects;
new text end

new text begin (4) underwriting practices at the Minnesota Housing Finance Agency; and
new text end

new text begin (5) recommendations for changes to financial or management practices for affordable
housing providers.
new text end

new text begin Subd. 3. new text end

new text begin Meetings and report. new text end

new text begin The Minnesota Housing Finance Agency shall convene
the first meeting of the task force no later than August 31, 2024, and shall provide accessible
physical or virtual meeting space as necessary for the task force to conduct its work. The
task force must submit final recommendations to the house of representatives and senate
housing committees and for the commissioner of the Minnesota Housing Finance Agency
no later than February 1, 2025.
new text end

new text begin Subd. 4. new text end

new text begin Membership. new text end

new text begin The task force shall consist of 13 members representing a cross
section of the affordable housing industry and relevant agency staff. The chair of the house
of representatives committee with jurisdiction over housing finance shall appoint four
members. The chair of the senate committee with jurisdiction over housing finance shall
appoint four members. The commissioner of the Minnesota Housing Finance Agency shall
appoint five members. Members must be appointed no later than July 1, 2024.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of the final
recommendations required under subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 43. new text begin DIRECTION TO COMMISSIONERS OF HUMAN SERVICES AND THE
MINNESOTA HOUSING FINANCE AGENCY; EMERGENCY ASSISTANCE
PROGRAM MODIFICATIONS.
new text end

new text begin (a) The commissioner of the Minnesota Housing Finance Agency, in consultation with
the commissioner of human services, shall develop program recommendations for emergency
rental assistance that have the flexibility to provide relief for crises within a time frame that
corresponds to the emergency and that are simple enough for applicants to understand across
all emergency rental assistance programs. In the development of these recommendations,
the commissioners must:
new text end

new text begin (1) recognize differences between administrative and legislative authority and propose
legislative changes to the definition of emergency general assistance;
new text end

new text begin (2) adopt policies and practices that prioritize easy-to-understand eligibility criteria and
definitions that prioritize accessible, culturally responsive, and trauma-informed approaches
when assisting persons through a crisis; and
new text end

new text begin (3) develop guidance to emergency rental assistance program administrators that
encourage the program administrators to be flexible with the required forms of documentation
for the program and to avoid establishing documentation requirements that are likely to be
barriers to participation in emergency rental assistance for eligible households.
new text end

new text begin (b) For the purposes of this section, the following terms have the meanings given:
new text end

new text begin (1) "culturally responsive" means agencies, programs, and providers of services respond
respectfully and effectively to people of all cultures, languages, classes, races, ethnic
backgrounds, disabilities, religions, genders, sexual orientations, and other identities in a
manner that recognizes, values, and affirms differences and eliminates barriers to access;
and
new text end

new text begin (2) "trauma-informed" means to recognize that many people have experienced trauma
in their lifetime and that programs must be designed to respond to people with respect and
accommodate the needs of people who have or are currently experiencing trauma.
new text end

Sec. 44. new text begin E-SIGNATURE OPTIONS FOR RENTAL ASSISTANCE.
new text end

new text begin The commissioner of the Minnesota Housing Finance Agency and the commissioner of
human services are encouraged to develop uniform e-signature options to be used in
applications for emergency general assistance, emergency assistance, and family homeless
prevention and assistance program assistance.
new text end

Sec. 45. new text begin LANGUAGE ACCESS IN APPLICATIONS FOR RENTAL ASSISTANCE.
new text end

new text begin The commissioner of the Minnesota Housing Finance Agency and the commissioner of
human services shall research state and federal laws and regulations to determine language
access standards applying to the organizations' emergency general assistance, emergency
assistance, and family homelessness prevention and assistance programs and shall ensure
compliance with all applicable language access requirements. The commissioners are
encouraged to identify specific languages into which program materials could be translated
to improve access to emergency general assistance, emergency assistance, and family
homeless prevention and assistance program assistance and shall translate the materials into
the identified languages. The commissioners are encouraged to develop and implement a
plan to translate any website applications for emergency general assistance, emergency
assistance, and family homeless prevention and assistance program assistance into
multilingual website applications.
new text end

Sec. 46. new text begin VERIFICATION PROCEDURES FOR RENTAL ASSISTANCE.
new text end

new text begin (a) The commissioner of the Minnesota Housing Finance Agency, in consultation with
the commissioner of human services, is encouraged to consult with local officials to develop
recommendations aimed at simplifying the process of verifying the information in
applications for emergency general assistance, emergency assistance, and family homeless
prevention and assistance program assistance. In developing recommendations, the
commissioners must consider:
new text end

new text begin (1) allowing self-attestation of emergencies, assets, and income;
new text end

new text begin (2) allowing verbal authorization by applicants to allow emergency rental assistance
administrators to communicate with landlords and utility providers regarding applications
for assistance; and
new text end

new text begin (3) allowing landlords to apply for emergency rental assistance on tenants' behalf.
new text end

new text begin (b) The commissioners are encouraged to:
new text end

new text begin (1) prepare recommendations by January 1, 2025; and
new text end

new text begin (2) report those recommendations to the chairs and ranking minority members of the
legislative committees having jurisdiction over housing.
new text end

Sec. 47. new text begin HOUSING AFFORDABILITY PRESERVATION INVESTMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of the Minnesota Housing Finance
Agency must establish and administer a grant program to support recapitalization of distressed
buildings.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "distressed building" means an existing rental housing building in which the units
are restricted to households at or below 60 percent of the area median income, and that:
new text end

new text begin (i) is in foreclosure proceedings;
new text end

new text begin (ii) has two or more years of negative net operating income;
new text end

new text begin (iii) has two or more years with a debt service coverage ratio of less than one; or
new text end

new text begin (iv) has necessary costs of repair, replacement, or maintenance that exceed the project
reserves available for those purposes; and
new text end

new text begin (2) "recapitalization" means financing for the physical and financial needs of a distressed
building, including restructuring and forgiveness of amortizing and deferred debt, principal
and interest paydown, interest rate write-down, deferral of debt payments, mortgage payment
forbearance, deferred maintenance, security services, property insurance, capital
improvements, funding of reserves for supportive services, and property operations.
new text end

new text begin Subd. 3. new text end

new text begin Grant program. new text end

new text begin The commissioner must use a request for proposal process
to consider funding requests and award grants to finance recapitalization of distressed
buildings. In awarding grants, the commissioner must give priority to distressed buildings
most at risk of losing affordable housing.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By February 1, 2025, and November 30, 2025, the commissioner shall
submit a report to the chairs and ranking minority members of the legislative committees
having jurisdiction over housing and homelessness. The report must detail the number of
applications received, the amount of funding requested, the grants awarded, and the number
of affordable housing units preserved through awards under this section.
new text end

Sec. 48. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) If H.F. 3800 or another substantively similar bill that establishes a new cooperative
chapter coded as Minnesota Statutes, chapter 308C, is enacted during the 2024 legislative
session, the revisor of statutes must add "308C" to the list of chapters referenced in Minnesota
Statutes, section 462A.37, subdivision 2, paragraph (a), clause (10), as amended in this act.
new text end

new text begin (b) The revisor of statutes shall renumber Minnesota Statutes, section 462A.37,
subdivision 2i, as Minnesota Statutes, section 462A.37, subdivision 3a. The revisor shall
also make necessary cross-reference changes in Minnesota Statutes.
new text end

ARTICLE 3

DISCRIMINATION; CIC; WORKING GROUP

Section 1.

new text begin [504B.505] DISCRIMINATION; HOUSING ASSISTANCE.
new text end

new text begin (a) A landlord must not discriminate against a tenant based on the tenant's use of federal,
state, or local government rental assistance; a housing choice voucher program; or another
form of public assistance that helps a tenant pay rent; or refuse to rent to a tenant because
the landlord may be responsible for meeting the terms and conditions of a public assistance
program. A landlord must not deny a tenant or prospective tenant a viewing or application
for a rental unit, deny them the opportunity to rent a unit, or discriminate against a tenant
or prospective tenant who uses rental assistance or a housing choice voucher. A landlord
cannot advertise that they will not rent to a tenant who uses rental assistance or a housing
choice voucher program.
new text end

new text begin (b) A violation of this section is an unfair discriminatory practice under section 363A.09,
and an individual has all the rights and remedies available under chapter 363A.
new text end

Sec. 2.

Laws 2023, chapter 52, article 19, section 120, is amended to read:


Sec. 120. EFFECTIVE DATE.

Sections 117 deleted text begin todeleted text end new text begin andnew text end 119 are effective January 1, 2024.new text begin Section 118 is effective January
1, 2024, and applies to cases filed before, on, or after that date.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2024.
new text end

Sec. 3. new text begin WORKING GROUP ON COMMON INTEREST COMMUNITIES AND
HOMEOWNERS ASSOCIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; duties. new text end

new text begin (a) A working group is created to study the prevalence
and impact of common interest communities (CICs) and homeowners associations (HOAs)
in Minnesota and how the existing laws regulating CICs and HOAs help homeowners and
tenants access safe and affordable housing. The working group shall study:
new text end

new text begin (1) how many CICs and HOAs exist, how many people may reside in those housing
units, and where they are located in the state;
new text end

new text begin (2) the governing documents commonly used by CICs and HOAs and whether the
governing documents or common practices create barriers for participation by homeowners
in the board of directors for CICs or HOAs;
new text end

new text begin (3) the fees and costs commonly associated with CICs and HOAs and how those fees
have increased, including the cost of outside management, accounting, and attorney fees
that are assessed to owners and residents;
new text end

new text begin (4) whether there should be uniform, statutory standards regarding fees, fines, and costs
assessed to residents;
new text end

new text begin (5) how the organization and management of CICs and HOAs, including boards and
management companies, impact the affordability of CICs and HOAs;
new text end

new text begin (6) the impact of CICs and HOAs on the housing market and housing costs;
new text end

new text begin (7) the racial disparity in homeownership as it relates to CICs and HOAs;
new text end

new text begin (8) the accessibility and affordability of CICs and HOAs for Minnesotans with disabilities;
new text end

new text begin (9) how other states regulate CICs and HOAs and best practices related to board
transparency, dispute resolution, and foreclosures; and
new text end

new text begin (10) how the current laws governing CICs and HOAs may be consolidated and reformed
for clarity and to improve the experience of homeowners and residents in CICs and HOAs.
new text end

new text begin (b) The focus and duties of the working group shall be to recommend legislative reforms
or other methods to regulate CICs and HOAs, including the consolidation or recodification
of existing chapters regulating CICs and HOAs.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The working group shall consist of the following:
new text end

new text begin (1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (2) two members of the senate, one appointed by the senate majority leader and one
appointed by the senate minority leader;
new text end

new text begin (3) one member from the Minnesota Homeownership Center;
new text end

new text begin (4) one member from the Community Associations Institute;
new text end

new text begin (5) one member from a business association that supports, educates, or provides services
to CICs and HOAs in Minnesota designated by the commissioner of commerce;
new text end

new text begin (6) one member from a legal aid association familiar with housing laws and representing
low-income clients;
new text end

new text begin (7) one member from the Minnesota Association of Realtors;
new text end

new text begin (8) one member who is an attorney who regularly works advising homeowners or
residents in CICs and HOAs and is familiar with the state foreclosure laws designed by the
State Bar Association;
new text end

new text begin (9) one member who is an attorney who regularly works advising CIC and HOA boards
designated by the State Bar Association;
new text end

new text begin (10) one member from a metropolitan area government who is familiar with issues
homeowners and tenants face while living in CICs and HOAs in the metropolitan area;
new text end

new text begin (11) the commissioner of the Minnesota Housing Finance Agency or the commissioner's
designee;
new text end

new text begin (12) one member from the attorney general's office designated by the attorney general;
new text end

new text begin (13) two members who are currently, or have within the last five years, served on a CIC
or HOA board and have knowledge about the management of CIC and HOA boards; and
new text end

new text begin (14) four members who are current or recent owners of a residence that is part of a CIC
or HOA.
new text end

new text begin Subd. 3. new text end

new text begin Facilitation; organization; meetings. new text end

new text begin (a) The Management Analysis Division
of Minnesota Management and Budget shall facilitate the working group, provide
administrative assistance, and convene the first meeting by July 15, 2024. Members of the
working group may receive compensation and reimbursement for expenses as authorized
by Minnesota Statutes, section 15.059, subdivision 3.
new text end

new text begin (b) The working group must meet at regular intervals as often as necessary to accomplish
the goals enumerated under subdivision 1. Meetings of the working group are subject to the
Minnesota Open Meeting Law under Minnesota Statutes, chapter 13D.
new text end

new text begin Subd. 4. new text end

new text begin External consultation. new text end

new text begin The working group shall consult with other individuals
and organizations that have expertise and experience that may assist the working group in
fulfilling its responsibilities, including entities engaging in additional external stakeholder
input from those with experience living in CICs and HOAs as well as working with the
board of directors for CICs and HOAs.
new text end

new text begin Subd. 5. new text end

new text begin Report required. new text end

new text begin The working group shall submit a final report by February
1, 2025, to the chairs and ranking minority members of the legislative committees with
jurisdiction over housing finance and policy, commerce, and real property. The report shall
include recommendations and draft legislation based on the duties and focus for the working
group provided in subdivision 1.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The working group expires upon submission of the final report in
subdivision 5, or February 28, 2025, whichever is later.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
expires March 1, 2025.
new text end