Office of the Revisor of Statutes
SF 1130
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/11/2025 10:45 a.m.
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A bill for an act
relating to human services; modifying residential program licensing requirements;
amending Minnesota Statutes 2024, sections 144G.45, subdivision 3; 245A.11,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 144G.45, subdivision 3, is amended to read:
Subd. 3.
Local laws apply.
new text begin (a) new text end Assisted living facilities shall comply with all applicable
state and local governing laws, regulations, standards, ordinances, and codes for fire safety,
building, and zoning requirementsdeleted text begin , except a facility with a licensed resident capacity of six
or fewer is exempt from rental licensing regulations imposed by any town, municipality,
or countydeleted text end .new text begin A town, home rule charter or statutory city, or county must not impose rental
licensing regulations on a facility with a licensed resident capacity of six or fewer that are
more restrictive than those imposed on other residential facilities required to obtain a rental
license by the town, home rule charter or statutory city, or county.
new text end
new text begin
(b) This subdivision must not be construed to exclude or prohibit facilities with a licensed
resident capacity of six or fewer within the jurisdiction of a town, home rule charter or
statutory city, or county.
new text end
Sec. 2.
Minnesota Statutes 2024, section 245A.11, subdivision 2, is amended to read:
Subd. 2.
Permitted single-family residential use.
(a) Residential programs with a
licensed capacity of six or fewer persons shall be considered a permitted single-family
residential use of property for the purposes of zoning and other land use regulations, except
that a residential program whose primary purpose is to treat juveniles who have violated
criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis
of conduct in violation of criminal statutes relating to sex offenses shall not be considered
a permitted use. This exception shall not apply to residential programs licensed before July
1, 1995. Programs otherwise allowed under this subdivision shall not be prohibited by
operation of restrictive covenants or similar restrictions, regardless of when entered into,
which cannot be met because of the nature of the licensed program, including provisions
which require the home's occupants be related, and that the home must be occupied by the
owner, or similar provisions.new text begin A town, home rule charter or statutory city, or county must
not impose rental licensing regulations on a facility with a licensed resident capacity of six
or fewer that are more restrictive than those imposed on other residential facilities required
to obtain a rental license by the town, home rule charter or statutory city, or county.
new text end
(b) deleted text begin A community residential setting as defined in section 245D.02, subdivision 4a, with
a licensed capacity of six or fewer persons that is actively serving residents for which it is
licensed is exempt from rental licensing regulations imposed by any town, municipality, or
county.deleted text end new text begin This subdivision must not be construed to exclude or prohibit facilities with a
licensed resident capacity of six or fewer within the jurisdiction of a town, home rule charter
or statutory city, or county.
new text end