HF 1516

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to nuisance; providing mediation in the 
  1.3             housing calendar program; providing a lessor and 
  1.4             lessee covenant against unlawful activity on 
  1.5             residential premises; providing an expedited process 
  1.6             for certain unlawful detainer actions; imposing civil 
  1.7             penalties; appropriating money; amending Minnesota 
  1.8             Statutes 1996, sections 504.181, subdivision 1; 
  1.9             566.05; 566.09, subdivision 1; 566.18, subdivision 6; 
  1.10            617.82; and 617.85; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 484. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [484.014] [HOUSING CALENDAR MEDIATION.] 
  1.14     Subdivision 1.  [SCOPE.] A mediation program is established 
  1.15  in the housing calendar program to address disputes over 
  1.16  nonpayment of rent and other breaches of a lease not involving a 
  1.17  violation of covenants under section 504.181. 
  1.18     Subd. 2.  [PROCEDURE.] (a) A landlord or tenant may 
  1.19  initiate mediation under this section by sending a first class 
  1.20  letter with return receipt to the other party, describing the 
  1.21  dispute and requesting that the other party agree to attempt to 
  1.22  resolve the dispute through mediation.  If the other party 
  1.23  agrees to mediate the dispute, either party may contact the 
  1.24  housing court administrator to schedule a mediation session with 
  1.25  a referee or a qualified mediator within seven days of the date 
  1.26  of the request.  The clerk shall issue a notice of mediation 
  1.27  stating the date, time, and place for the mediation session.  
  1.28  The clerk shall serve notice of the mediation session on the 
  2.1   other party by first class mail with return receipt.  The notice 
  2.2   of mediation must advise that the party may want to consult with 
  2.3   an attorney before the mediation session and that the 
  2.4   proceedings will not appear on a public record maintained by a 
  2.5   state agency.  The court administrator must also provide 
  2.6   information about available legal services if a party is unable 
  2.7   to afford an attorney. 
  2.8      (b) The court administrator may charge a filing fee in the 
  2.9   amount of the conciliation court filing fee.  
  2.10     (c) Upon agreement, the parties may request that the court 
  2.11  reschedule the mediation session. 
  2.12     (d) If either party fails to appear, the mediation session 
  2.13  shall be canceled, and if the appearing party files a subsequent 
  2.14  action in district court based on the same factual dispute, the 
  2.15  party's filing fee for that action shall be reduced by the fee 
  2.16  paid under paragraph (b). 
  2.17     Subd. 3.  [EFFECT OF AGREEMENT; BREACH.] (a) If the parties 
  2.18  reach an agreement through mediation, it must be put in writing 
  2.19  and each party must be provided with copies of the agreement.  
  2.20  The original shall be retained on file with the court.  To be 
  2.21  enforceable by the court, the agreement must: 
  2.22     (1) be signed by all parties and the mediator; 
  2.23     (2) specify each party's obligations under the terms of the 
  2.24  agreement and also specify the remedies each party agrees to in 
  2.25  the event a party fails to comply with the terms of the 
  2.26  agreement; 
  2.27     (3) include the mailing address for each party and state 
  2.28  that an agreement may be sent to each of them at that address by 
  2.29  first class mail; 
  2.30     (4) not contain any agreement that would waive or modify 
  2.31  the covenants in section 504.18 or that would violate local, 
  2.32  state, or federal law; and 
  2.33     (5) be reviewed in the parties' presence by a referee or 
  2.34  judge. 
  2.35     The agreement shall be approved if it is found to be the 
  2.36  agreement of the parties and complies with this subdivision.  
  3.1      (b) If either party fails to comply with the terms of the 
  3.2   agreement, the other party may file with the court administrator 
  3.3   the agreement and an affidavit specifying the alleged breach and 
  3.4   the relief requested.  Upon filing the mediation agreement and 
  3.5   affidavit, the court administrator shall schedule a hearing not 
  3.6   less than ten nor more than 14 days from the date the agreement 
  3.7   and affidavit were filed.  The notice of hearing must state that 
  3.8   failure to appear at the hearing may result in a court order 
  3.9   being entered for the relief requested in the affidavit. 
  3.10     (c) The party requesting the hearing must serve the 
  3.11  affidavit and notice of hearing on the other party by first 
  3.12  class mail with return receipt or by personal service in the 
  3.13  manner provided in the rules of civil procedure for personal 
  3.14  service of a summons of the district court.  An affidavit of 
  3.15  service must be filed with the court prior to the hearing to 
  3.16  enforce the agreement. 
  3.17     (d) The hearing shall be conducted by the court without a 
  3.18  jury.  The court may not enforce or require performance of any 
  3.19  terms in the mediation agreement that violate federal, state, or 
  3.20  local law.  Upon finding that one or both parties failed to 
  3.21  perform as required by the enforceable terms of the agreement, 
  3.22  the court may enter an order for the relief requested, or other 
  3.23  relief it finds would be in the interests of justice.  
  3.24     Sec. 2.  Minnesota Statutes 1996, section 504.181, 
  3.25  subdivision 1, is amended to read: 
  3.26     504.181 [COVENANT OF LESSOR AND LESSEE NOT TO ALLOW DRUGS 
  3.27  UNLAWFUL ACTIVITIES.] 
  3.28     Subdivision 1.  [COVENANT NOT TO ALLOW DRUGS TERMS OF 
  3.29  COVENANT.] In every lease or license of residential premises, 
  3.30  whether in writing or parol, the lessor or licensor and the 
  3.31  lessee or licensee covenants covenant that: 
  3.32     (1)  the lessee or licensee neither will not: 
  3.33     (i) unlawfully allow controlled substances in those 
  3.34  premises or in the common area and curtilage of the premises; 
  3.35     (ii) allow prostitution or prostitution-related activity as 
  3.36  defined in section 617.80, subdivision 4, to occur on the 
  4.1   premises or in the common area and curtilage of the premises; or 
  4.2      (iii) allow the unlawful use or possession of a firearm in 
  4.3   violation of section 609.66, subdivision 1a, 609.67, or 624.713, 
  4.4   on the premises or in the common area and curtilage of the 
  4.5   premises; and 
  4.6      (2) the common area and curtilage of the premises will not 
  4.7   be used by either the lessor or licensor or the lessee or 
  4.8   licensee or others acting under the lessee's or licensee's 
  4.9   control of either to manufacture, sell, give away, barter, 
  4.10  deliver, exchange, distribute, purchase, or possess a controlled 
  4.11  substance in violation of any criminal provision of chapter 152. 
  4.12     The covenant is not violated when a person other than the 
  4.13  lessor or licensor or the lessee or licensee possesses or allows 
  4.14  controlled substances in the premises, common area, or 
  4.15  curtilage, unless the lessor or licensor or the lessee or 
  4.16  licensee knew or had reason to know of that activity.  
  4.17     Sec. 3.  Minnesota Statutes 1996, section 566.05, is 
  4.18  amended to read: 
  4.19     566.05 [COMPLAINT AND SUMMONS.] 
  4.20     (a) The person complaining shall file a complaint with the 
  4.21  court, stating the full name and date of birth of the person 
  4.22  against whom the complaint is made, unless it is not known, 
  4.23  describing the premises of which possession is claimed, stating 
  4.24  the facts which authorize the recovery, and praying for 
  4.25  restitution thereof.  The lack of the full name and date of 
  4.26  birth of the person against whom the complaint is made does not 
  4.27  deprive the court of jurisdiction or make the complaint invalid. 
  4.28  The court shall issue a summons, commanding the person against 
  4.29  whom the complaint is made to appear before the court on a day 
  4.30  and at a place stated in the summons.  The appearance shall be 
  4.31  not less than seven nor more than 14 days from the day of 
  4.32  issuing the summons.  In scheduling appearances under this 
  4.33  section, the court shall give priority to any unlawful detainer 
  4.34  brought under section 504.181, or on the basis that the tenant 
  4.35  is causing a nuisance or seriously endangers the safety of other 
  4.36  residents, their property, or the landlord's property, except as 
  5.1   provided by paragraph (b).  A copy of the complaint shall be 
  5.2   attached to the summons, which shall state that the copy is 
  5.3   attached and that the original has been filed. 
  5.4      (b) In an unlawful detainer action brought under section 
  5.5   504.181 or on the basis that the tenant is causing a nuisance or 
  5.6   other illegal behavior that seriously endangers the safety of 
  5.7   other residents, their property, or the landlord's property, the 
  5.8   person filing the complaint shall file an affidavit stating 
  5.9   specific facts and instances in support of why an expedited 
  5.10  hearing is required.  The complaint and affidavit shall be 
  5.11  reviewed by a referee or judge and scheduled for an expedited 
  5.12  hearing only if sufficient supporting facts are stated and they 
  5.13  meet the requirements of this paragraph.  The appearance in an 
  5.14  expedited hearing shall be not less than five days nor more than 
  5.15  seven days from the date the summons is issued.  If the court 
  5.16  determines that the person seeking an expedited hearing did so 
  5.17  without sufficient basis under the requirements of this 
  5.18  paragraph, the court shall impose a civil penalty of up to $500 
  5.19  for abuse of the expedited hearing process. 
  5.20     Sec. 4.  Minnesota Statutes 1996, section 566.09, 
  5.21  subdivision 1, is amended to read: 
  5.22     Subdivision 1.  [GENERAL.] If the court or jury finds for 
  5.23  the plaintiff, or the court orders a writ of restitution to 
  5.24  issue under section 484.014, subdivision 3, the court shall 
  5.25  immediately enter judgment that the plaintiff have restitution 
  5.26  of the premises and tax the costs for the plaintiff.  The court 
  5.27  shall issue execution in favor of the plaintiff for the costs 
  5.28  and also immediately issue a writ of restitution.  The court 
  5.29  shall give priority in issuing a writ of restitution for any 
  5.30  unlawful detainer brought under section 504.181 or on the basis 
  5.31  that the tenant is causing a nuisance or seriously endangers the 
  5.32  safety of other residents, their property, or the landlord's 
  5.33  property.  Except in actions brought under (1) section 566.02 as 
  5.34  required by section 609.5317, subdivision 1, (2) under section 
  5.35  504.181, or (3) on the basis that the tenant is causing a 
  5.36  nuisance or seriously endangers the safety of other residents, 
  6.1   their property, or the landlord's property, upon a showing by 
  6.2   the defendant that immediate restitution of the premises would 
  6.3   work a substantial hardship upon the defendant or the 
  6.4   defendant's family, the court shall stay the writ of restitution 
  6.5   for a reasonable period, not to exceed seven days.  If the court 
  6.6   or jury finds for the defendant, the court shall enter judgment 
  6.7   for the defendant, tax the costs against the plaintiff, and 
  6.8   issue execution therefor. 
  6.9      Sec. 5.  Minnesota Statutes 1996, section 566.18, 
  6.10  subdivision 6, is amended to read: 
  6.11     Subd. 6.  [VIOLATION.] "Violation" means: 
  6.12     (a) a violation of any state, county or city health, 
  6.13  safety, housing, building, fire prevention, or housing 
  6.14  maintenance code applicable to the building; 
  6.15     (b) a violation of any of the covenants set forth in 
  6.16  section 504.18, subdivision 1, clauses (a) or (b), or in section 
  6.17  504.181, subdivision 1; 
  6.18     (c) a violation of an oral or written agreement, lease or 
  6.19  contract for the rental of a dwelling in a building.  
  6.20     Sec. 6.  Minnesota Statutes 1996, section 617.82, is 
  6.21  amended to read: 
  6.22     617.82 [AGREED ABATEMENT PLANS; TEMPORARY ORDER.] 
  6.23     (a) If the recipient of a notice under section 617.81, 
  6.24  subdivision 4, either abates the conduct constituting a nuisance 
  6.25  or enters into an agreed abatement plan within 30 days of 
  6.26  service of the notice, and complies with the agreement within 
  6.27  the stipulated time period, the prosecuting attorney may not 
  6.28  file a nuisance action on the specified property regarding the 
  6.29  nuisance activity described in the notice. 
  6.30     (b) If the recipient fails to comply with the agreed 
  6.31  abatement plan, the prosecuting attorney may initiate a 
  6.32  complaint for relief in the district court consistent with 
  6.33  paragraph (c). 
  6.34     (c) Whenever a prosecuting attorney has cause to believe 
  6.35  that a nuisance described in section 617.81, subdivision 2, 
  6.36  exists within the jurisdiction the attorney serves, the 
  7.1   prosecuting attorney may by verified petition seek a temporary 
  7.2   injunction in district court in the county in which the alleged 
  7.3   public nuisance exists, provided that at least 30 days have 
  7.4   expired since service of the notice required under section 
  7.5   617.81, subdivision 4.  No temporary injunction may be issued 
  7.6   without a prior show cause notice of hearing to the respondents 
  7.7   named in the petition and an opportunity for the respondents to 
  7.8   be heard.  Upon proof of a nuisance described in section 617.81, 
  7.9   subdivision 2, the court shall issue a temporary injunction.  
  7.10  Any temporary injunction issued must describe the conduct to be 
  7.11  enjoined. 
  7.12     Sec. 7.  Minnesota Statutes 1996, section 617.85, is 
  7.13  amended to read: 
  7.14     617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 
  7.15     Where notice is provided under section 617.81, subdivision 
  7.16  4, that an abatement of a nuisance is sought and the 
  7.17  circumstances that are the basis for the requested abatement 
  7.18  involved the acts of a commercial or residential tenant or 
  7.19  lessee of part or all of a building, the owner of the building 
  7.20  that is subject to the abatement proceeding may file before the 
  7.21  court that has jurisdiction over the abatement proceeding a 
  7.22  motion to cancel the lease or otherwise secure restitution of 
  7.23  the premises from the tenant or lessee who has maintained or 
  7.24  conducted the nuisance.  The owner may assign to the prosecuting 
  7.25  attorney the right to file this motion.  In addition to the 
  7.26  grounds provided in chapter 566, the maintaining or conducting 
  7.27  of a nuisance as defined in section 617.81, subdivision 2, by a 
  7.28  tenant or lessee, is an additional ground authorized by law for 
  7.29  seeking the cancellation of a lease or the restitution of the 
  7.30  premises.  Service of motion brought under this section must be 
  7.31  served in a manner that is sufficient under Rule 3 of the Rules 
  7.32  of Civil Procedure and chapter 566. 
  7.33     It is no defense to a motion under this section by the 
  7.34  owner or the prosecuting attorney that the lease or other 
  7.35  agreement controlling the tenancy or leasehold does not provide 
  7.36  for eviction or cancellation of the lease upon the ground 
  8.1   provided in this section. 
  8.2      Upon a finding by the court that the tenant or lessee has 
  8.3   maintained or conducted a nuisance in any portion of the 
  8.4   building, the court shall order cancellation of the lease or 
  8.5   tenancy and grant restitution of the premises to the owner.  The 
  8.6   court must not order abatement of the premises if the court:  
  8.7      (a) cancels a lease or tenancy and grants restitution of 
  8.8   that portion of the premises to the owner; and 
  8.9      (b) further finds that the acts constituting the nuisance 
  8.10  as defined in section 617.81, subdivision 2, were committed by 
  8.11  the tenant or lessee whose lease or tenancy has been canceled 
  8.12  pursuant to this section and the tenant or lessee was not 
  8.13  committing the acts in conjunction with or under the control of 
  8.14  the owner. 
  8.15     Sec. 8.  [LANDLORD TENANT RESPONSIBILITIES PILOT PROJECT; 
  8.16  PURPOSE.] 
  8.17     (a) The purpose of the landlord tenant responsibilities 
  8.18  pilot project is to improve the education of landlords and 
  8.19  tenants on best practices in the rental market. 
  8.20     (b) The pilot shall include the development of a training 
  8.21  course for landlords and managers of small rental properties, 
  8.22  development of community standards for landlords and tenants of 
  8.23  residential rental properties, development of curriculum for 
  8.24  high school seniors addressing the responsibilities and 
  8.25  etiquette of rental property living, design and distribution of 
  8.26  literature for renters describing opportunities for neighborhood 
  8.27  involvement, and resources for consulting an experienced 
  8.28  residential property manager to develop and review nuisance 
  8.29  cessation plans for complex problem properties. 
  8.30     Sec. 9.  [NEIGHBORHOOD RESPONSIBILITY PILOT PROJECT; 
  8.31  PURPOSE; APPROPRIATION.] 
  8.32     The purpose of the neighborhood responsibility pilot 
  8.33  project is to develop programs that use the restorative justice 
  8.34  model to address nuisance crimes.  At least two of the projects 
  8.35  shall encompass juvenile offenders. 
  8.36     Sec. 10.  [LANDLORD TENANT INFORMATION.] 
  9.1      The state court administrator shall develop and provide 
  9.2   information on videotape or other appropriate media in 
  9.3   conjunction with relevant organizations outlining rights and 
  9.4   privileges of landlords and tenants.  The information may be 
  9.5   provided in multilingual formats. 
  9.6      Sec. 11.  [APPROPRIATIONS.] 
  9.7      $....... is appropriated from the general fund for the 
  9.8   biennium ending June 30, 1999, to the state court administrator 
  9.9   to implement the housing calendar mediation program, to train 
  9.10  mediators in the law of nuisance and unlawful detainer, to 
  9.11  provide mediators in the housing calendar program, to update the 
  9.12  computer systems used by the housing calendar program in the 
  9.13  second and fourth judicial districts, and for the purposes of 
  9.14  section 10. 
  9.15     The following amounts are appropriated from the general 
  9.16  fund to the commissioner of corrections for the biennium ending 
  9.17  June 30, 1999:  $55,000 for the Hennepin and Ramsey county 
  9.18  attorneys' offices to implement section 8, and $500,000 for the 
  9.19  development and implementation of the initial phase of the 
  9.20  projects in sections 8 and 9.