HF 1028

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to landlords and tenants; modifying 
  1.3             provisions relating to applicant screening fees; 
  1.4             amending Minnesota Statutes 2002, section 504B.173, 
  1.5             subdivision 1, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 504B.173, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [LIMIT ON NUMBER OF APPLICANT SCREENING 
  1.10  FEES.] A landlord or the landlord's agent may not charge an 
  1.11  applicant a screening fee when the landlord knows or should have 
  1.12  known that no rental unit is available at that time or will be 
  1.13  available within a reasonable future time.  If a landlord 
  1.14  requires payment of an applicant screening charge but fills the 
  1.15  vacant rental unit before screening the applicant or does not 
  1.16  conduct a screening of the applicant for any reason, the 
  1.17  landlord must refund the applicant screening charge to the 
  1.18  applicant within a reasonable time not to exceed two weeks. 
  1.19     Sec. 2.  Minnesota Statutes 2002, section 504B.173, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 3a.  [DISCLOSURES; METROPOLITAN AREA.] (a) A landlord 
  1.22  or the landlord's agent, prior to taking an application fee from 
  1.23  a prospective tenant, must disclose on the preapplication form: 
  1.24     (1) the amount of the applicant screening fee; 
  1.25     (2) the landlord's screening or admission criteria; 
  2.1      (3) the process that the landlord typically will follow in 
  2.2   screening the applicant, including whether the landlord uses a 
  2.3   tenant screening service, the name, address, and telephone 
  2.4   number of the tenant screening service the owner will use, if 
  2.5   applicable, credit reports, public records, or criminal records, 
  2.6   or contacts of employers, landlords, or other references; 
  2.7      (4) the applicant's rights to dispute the accuracy of any 
  2.8   information provided to the landlord by a screening company or 
  2.9   credit reporting agency; and 
  2.10     (5) an estimate, made to the best of the landlord's ability 
  2.11  at that time, of the approximate number of rental units of the 
  2.12  type, and in the area, sought by the applicant that are, or 
  2.13  within a reasonable future time will be, available to rent from 
  2.14  that landlord.  The estimate must include the approximate number 
  2.15  of applications previously accepted and remaining under 
  2.16  consideration for those units. 
  2.17     (b) A landlord or landlord's agent, prior to taking an 
  2.18  application fee from a prospective tenant, must provide a 
  2.19  preapplication form that requires the prospective tenant to 
  2.20  provide information relating to the screening or admission 
  2.21  criteria.  On the same day a completed preapplication form is 
  2.22  submitted to the landlord or landlord's agent, the landlord or 
  2.23  landlord's agent must make an initial determination, based on 
  2.24  the preapplication form, that the prospective tenant meets or 
  2.25  does not meet the landlord's screening or admission criteria and 
  2.26  must inform the prospective tenant of the determination.  If, 
  2.27  after a determination based on the preapplication form, a 
  2.28  prospective tenant decides to complete the application process, 
  2.29  the applicant may be required to pay an application fee.  If the 
  2.30  residential tenant report or results of the screening process 
  2.31  conducted by the landlord or landlord's agent is substantially 
  2.32  consistent with the preapplication form and the applicant meets 
  2.33  the screening or admission criteria, the landlord must rent to 
  2.34  the applicant. 
  2.35     (c) This subdivision applies in the counties of Anoka, 
  2.36  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.