SF 3175

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/02/2025 10:12 a.m.

A bill for an act
relating to housing; creating a statewide landlord database; creating a civil penalty
for a failure to register with the statewide landlord database; providing civil
remedies; providing attorney general enforcement; amending Minnesota Statutes
2024, section 8.31, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 462A.

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

Section 1.

Minnesota Statutes 2024, section 8.31, subdivision 1, is amended to read:

Subdivision 1.

Investigate offenses against provisions of certain designated sections;
assist in enforcement.

The attorney general shall investigate violations of the law of this
state respecting unfair, discriminatory, and other unlawful practices in business, commerce,
or trade, and specifically, but not exclusively, the Nonprofit Corporation Act (sections
317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition (sections
325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to 325D.16),
the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other laws against
false or fraudulent advertising, the antidiscrimination acts contained in section 325D.67,
the act against monopolization of food products (section 325D.68), the act regulating
telephone advertising services (section 325E.39), the Prevention of Consumer Fraud Act
(sections 325F.68 to 325F.70), new text begin the requirements of the statewide landlord database (section
462A.45), new text end and chapter 53A regulating currency exchanges and assist in the enforcement of
those laws as in this section provided.

Sec. 2.

new text begin [462A.45] STATEWIDE LANDLORD DATABASE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Landlord" has the meaning given in section 504B.001, subdivision 7.
new text end

new text begin (c) "Residential building" has the meaning given in section 504B.001, subdivision 11.
new text end

new text begin (d) "Tenant" means a residential tenant as defined in section 504B.001, subdivision 12.
new text end

new text begin Subd. 2. new text end

new text begin Database established. new text end

new text begin The commissioner of the Housing Finance Agency must
establish and maintain a statewide landlord database that collects and retains the information
required in this section. The commissioner must make the database available to the public
at no cost. The commissioner must not charge a fee to a landlord for submitting information
to the database. The database must be searchable and allow tenants and prospective tenants
to report rental units or landlords who cannot be found in the database.
new text end

new text begin Subd. 3. new text end

new text begin Annual submission required. new text end

new text begin (a) Before renting a residential building in the
state or within 60 days of renting a rental unit in the state, a landlord must provide the
following information to the statewide landlord database:
new text end

new text begin (1) the complete legal names of the owners of the residential building and, if the property
is owned by a company or group of investors, the complete legal names of each natural
person who has a property interest in the residential building;
new text end

new text begin (2) the business address of each natural person who has a property interest in the
residential building;
new text end

new text begin (3) the name, address, and contact information for the landlord or manager of the
residential building;
new text end

new text begin (4) the rent for each rental unit in the residential building on the first day that the unit
is rented or on January 1 of the year of the filing for a renewal; and
new text end

new text begin (5) if the residential building has a rental license, the date of issue, the date of expiration,
and the jurisdiction issuing the license.
new text end

new text begin (b) A landlord must annually update a submission for each rental unit or residential
building that the landlord is renting by February 1 or, if a unit is vacant, before or during
the first 60 days that the rental unit is occupied.
new text end

new text begin (c) A landlord who fails to comply with this subdivision is subject to penalties under
subdivisions 4 and 5.
new text end

new text begin Subd. 4. new text end

new text begin Tenant remedies; civil action; retaliation. new text end

new text begin (a) A tenant or prospective tenant
who is unable to locate a landlord in the statewide landlord database may notify the agency
that the landlord, the residential building, or the rental unit could not be found, and the
tenant or prospective tenant must provide their contact information, the residential building
or unit address, and the contact information for the landlord. The agency must send a letter
to the landlord with information on the database and a notice that the landlord must provide
the landlord's annual submission to the database within 60 days of the date that the landlord
received notice of the letter. The agency must send the tenant a copy of the letter. An
enforcement action under subdivision 5 may not be brought until 61 days after the date the
letter was sent under this paragraph.
new text end

new text begin (b) A tenant or prospective tenant may bring a civil action against a landlord who has
not provided the information required under this section 61 days after the date of the
notification under paragraph (a) for injunctive relief, costs, and reasonable attorney fees.
In addition, the landlord is liable to the tenant or prospective tenant for a civil penalty of
up to $5,000 if the court finds that the landlord has repeated knowing and willful violations
of this section.
new text end

new text begin (c) A landlord must not refuse to rent to a prospective tenant, increase rent, decrease
services, alter an existing lease with the tenant, file a complaint against the tenant, seek to
recover possession of the premises, or commit any other act or failure to act, in whole or in
part, in retaliation after a tenant exercises a right under this section. A tenant or prospective
tenant may bring a civil action against a landlord who violates this paragraph seeking
damages, costs, reasonable attorney fees, injunctive relief, and any other equitable relief
the court deems appropriate.
new text end

new text begin Subd. 5. new text end

new text begin Attorney general enforcement. new text end

new text begin The attorney general may enforce this section
under section 8.31. The court may award a civil penalty of up to $5,000 if the court finds
that the landlord has repeated knowing and willful violations of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026, and applies to causes
of actions accruing on or after that date.
new text end