HF 1681

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2023 01:07pm

A bill for an act
relating to housing; expanding procedural requirements for evictions and
expungements; expanding rental lease covenants and obligations; prohibiting rental
discrimination based on a tenant's receipt of public housing assistance; amending
Minnesota Statutes 2022, sections 363A.09, subdivisions 1, 2, by adding a
subdivision; 484.014, subdivisions 2, 3; 504B.135; 504B.161, subdivision 1;
504B.321, subdivision 1, by adding subdivisions; 504B.335; 504B.381, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 504B.

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

ARTICLE 1

RENTAL RIGHTS AND PROCEDURE

Section 1.

Minnesota Statutes 2022, section 363A.09, subdivision 1, is amended to read:

Subdivision 1.

Real property interest; action by owner, lessee, and others.

It is an
unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent
of, or other person having the right to sell, rent or lease any real property, or any agent of
any of these:

(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or
group of persons any real property because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, new text begin participation in or requirements
of a public assistance program, new text end disability, sexual orientation, or familial status; or

(2) to discriminate against any person or group of persons because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, new text begin
participation in or requirements of a public assistance program, new text end disability, sexual orientation,
or familial status in the terms, conditions or privileges of the sale, rental or lease of any real
property or in the furnishing of facilities or services in connection therewith, except that
nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended
to protect the safety of minors in their use of the real property or any facilities or services
furnished in connection therewith; or

(3) in any transaction involving real property, to print, circulate or post or cause to be
printed, circulated, or posted any advertisement or sign, or use any form of application for
the purchase, rental or lease of real property, or make any record or inquiry in connection
with the prospective purchase, rental, or lease of real property which expresses, directly or
indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, new text begin participation in
or requirements of a public assistance program, new text end disability, sexual orientation, or familial
status, or any intent to make any such limitation, specification, or discrimination except that
nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as
available to adults-only if the person placing the advertisement reasonably believes that the
provisions of this section prohibiting discrimination because of familial status do not apply
to the dwelling unit.

Sec. 2.

Minnesota Statutes 2022, section 363A.09, subdivision 2, is amended to read:

Subd. 2.

Real property interest; action by brokers, agents, and others.

new text begin (a) new text end It is an
unfair discriminatory practice for a real estate broker, real estate salesperson, or employee,
or agent thereof:

(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property
to any person or group of persons or to negotiate for the sale, rental, or lease of any real
property to any person or group of persons because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, new text begin participation in or
requirements of a public assistance program, new text end disability, sexual orientation, or familial status
or represent that real property is not available for inspection, sale, rental, or lease when in
fact it is so available, or otherwise deny or withhold any real property or any facilities of
real property to or from any person or group of persons because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, new text begin participation in
or requirements of a public assistance program, new text end disability, sexual orientation, or familial
status; or

(2) to discriminate against any person because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, new text begin participation in or
requirements of a public assistance program, new text end disability, sexual orientation, or familial status
in the terms, conditions or privileges of the sale, rental or lease of real property or in the
furnishing of facilities or services in connection therewith; or

(3) to print, circulate, or post or cause to be printed, circulated, or posted any
advertisement or sign, or use any form of application for the purchase, rental, or lease of
any real property or make any record or inquiry in connection with the prospective purchase,
rental or lease of any real property, which expresses directly or indirectly, any limitation,
specification or discrimination as to race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, new text begin participation in or requirements of a public
assistance program, new text end disability, sexual orientation, or familial status or any intent to make
any such limitation, specification, or discrimination except that nothing in this clause shall
be construed to prohibit the advertisement of a dwelling unit as available to adults-only if
the person placing the advertisement reasonably believes that the provisions of this section
prohibiting discrimination because of familial status do not apply to the dwelling unit.

new text begin (b) It is an unfair discriminatory practice for a landlord to furnish credit, services, or
rental accommodations that discriminate against any individual who is a recipient of federal,
state, or local public assistance, including medical assistance, or who is a tenant receiving
federal, state, or local housing subsidies, including rental assistance or rental supplements,
because the individual is such a recipient, or because of any requirement of such public
assistance, rental assistance, or housing subsidy program.
new text end

Sec. 3.

Minnesota Statutes 2022, section 363A.09, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Definition; public assistance program new text end

new text begin For the purposes of this section,
"public assistance program" means federal, state, or local assistance, including but not
limited to rental assistance, rent supplements, and housing choice vouchers.
new text end

Sec. 4.

Minnesota Statutes 2022, section 484.014, subdivision 2, is amended to read:

Subd. 2.

Discretionary expungement.

The court may order expungement of an eviction
case court file deleted text begin only upon motion of a defendant and decision by the court, if the court finds
that the plaintiff's case is sufficiently without basis in fact or law, which may include lack
of jurisdiction over the case, that deleted text end new text begin if the court makes the following findings: (1) the eviction
case court file is no longer a reasonable predictor of future tenant behavior; and (2) the new text end
expungement is clearly in the interests of justice and those interests are not outweighed by
the public's interest in knowing about the record.

Sec. 5.

Minnesota Statutes 2022, section 484.014, subdivision 3, is amended to read:

Subd. 3.

Mandatory expungement.

new text begin (a) new text end The court shall new text begin sua sponte new text end order expungement
of an eviction case new text begin :
new text end

new text begin (1) new text end commenced solely on the grounds provided in section 504B.285, subdivision 1,
clause (1), if the court finds that the defendant occupied real property that was subject to
contract for deed cancellation or mortgage foreclosure and:

deleted text begin (1) deleted text end new text begin (i) new text end the time for contract cancellation or foreclosure redemption has expired and the
defendant vacated the property prior to commencement of the eviction action; or

deleted text begin (2) deleted text end new text begin (ii) new text end the defendant was a tenant during the contract cancellation or foreclosure
redemption period and did not receive a notice under section 504B.285, subdivision 1a, 1b,
or 1c, to vacate on a date prior to commencement of the eviction case deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) if the defendant prevailed on the merits;
new text end

new text begin (3) if the court dismissed the plaintiff's complaint for any reason;
new text end

new text begin (4) if the parties to the action have agreed to an expungement; or
new text end

new text begin (5) three years after the eviction was ordered.
new text end

new text begin (b) The court shall order expungement of an eviction case upon motion of a defendant,
if the case is settled and the defendant fulfills the terms of the settlement.
new text end

Sec. 6.

Minnesota Statutes 2022, section 504B.135, is amended to read:

504B.135 TERMINATING TENANCY AT WILL.

deleted text begin (a) deleted text end A tenancy at will may be terminated by either party by giving notice in writing. The
time of the notice must be at least as long as the interval between the time rent is due or
three months, whichever is less.

deleted text begin (b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may
terminate the tenancy by giving the tenant 14 days notice to quit in writing.
deleted text end

Sec. 7.

Minnesota Statutes 2022, section 504B.321, subdivision 1, is amended to read:

Subdivision 1.

Procedure.

(a) To bring an eviction action, the person complaining shall
file a complaint with the court, stating the full name and date of birth of the person against
whom the complaint is made, unless it is not known, describing the premises of which
possession is claimed, stating the facts which authorize the recovery of possession, and
asking for recovery thereof.

(b) The lack of the full name and date of birth of the person against whom the complaint
is made does not deprive the court of jurisdiction or make the complaint invalid.

(c) The court shall issue a summons, commanding the person against whom the complaint
is made to appear before the court on a day and at a place stated in the summons.

(d) The appearance shall be not less than seven nor more than 14 days from the day of
issuing the summons, except as provided by subdivision 2.

(e) A copy of the complaint shall be attached to the summons, which shall state that the
copy is attached and that the original has been filed.

new text begin (f) If applicable, the person filing a complaint must attach a copy of the written notice
described in subdivision 1a. The court shall dismiss an action without prejudice for failure
to provide a notice as described in subdivision 1a and grant an expungement of the eviction
case court file.
new text end

Sec. 8.

Minnesota Statutes 2022, section 504B.321, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Written notice. new text end

new text begin (a) Before bringing an eviction action alleging nonpayment
of rent, a landlord must provide written notice to the residential tenant specifying the basis
for a future eviction action.
new text end

new text begin (b) For an allegation of nonpayment of rent or other unpaid financial obligations in
violation of the lease, the landlord must include the following in a written notice:
new text end

new text begin (1) the total amount due;
new text end

new text begin (2) a specific accounting of the amount of the total due that is comprised of unpaid rents,
late fees, or other charges under the lease; and
new text end

new text begin (3) the name and address of the person authorized to receive rent and fees on behalf of
the landlord.
new text end

new text begin (c) A notice provided under this section must:
new text end

new text begin (1) provide a disclaimer that a low-income tenant may be eligible for financial assistance
from the county;
new text end

new text begin (2) provide a description on how to access legal and financial assistance through the
"Law Help" website at www.lawhelpmn.org and "Minnesota 211" through its website
www.211unitedway.org or by calling 211; and
new text end

new text begin (3) state that the landlord may bring an eviction action following expiration of the 14-day
notice period if the tenant fails to pay the total amount due or fails to vacate.
new text end

new text begin (d) The landlord or an agent of the landlord must deliver the notice personally or by first
class mail to the residential tenant at the address of the leased premises.
new text end

new text begin (e) If the tenant fails to correct the rent delinquency within 14 days of the delivery or
mailing of the notice or fails to vacate, the landlord may bring an eviction action under
subdivision 1 based on the nonpayment of rent.
new text end

new text begin (f) Receipt of a notice under this section is an emergency situation under section 256D.06,
subdivision 2, and Minnesota Rules, chapter 9500. For purposes of chapter 256J and
Minnesota Rules, chapter 9500, a county agency verifies an emergency situation by receiving
and reviewing a notice under this section. If a residential tenant applies for financial
assistance from the county, the landlord must cooperate with the application process by:
new text end

new text begin (1) supplying all information and documentation requested by the tenant or the county;
and
new text end

new text begin (2) accepting or placing into escrow partial rent payments where necessary to establish
a tenant's eligibility for assistance.
new text end

Sec. 9.

Minnesota Statutes 2022, section 504B.321, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Nonpublic record. new text end

new text begin An eviction action is not accessible to the public until the
court enters a final judgment.
new text end

Sec. 10.

Minnesota Statutes 2022, section 504B.335, is amended to read:

504B.335 ANSWER; TRIAL.

(a) At the court appearance specified in the summons, the defendant may answer the
complaint, and the court shall hear and decide the action, unless it grants a continuance of
the trial as provided in section 504B.341.

(b) Either party may demand a trial by jury.

(c) The proceedings in the action are the same as in other civil actions, except as provided
in sections 504B.281 to 504B.371.

(d) The court, in scheduling appearances and hearings under this section, shall give
priority to any eviction brought under section 504B.171, or on the basis that the defendant
is a tenant and is causing a nuisance or seriously endangers the safety of other residents,
their property, or the landlord's property.

new text begin (e) The court may not require the defendant to pay any amount of money into court, post
a bond, or by any other means post security for any purpose prior to final disposition of the
action, except for appeals as provided in section 504B.371.
new text end

Sec. 11.

Minnesota Statutes 2022, section 504B.381, subdivision 1, is amended to read:

Subdivision 1.

Petition.

A person authorized to bring an action under section 504B.395,
subdivision 1, may petition the court for relief deleted text begin in cases of emergency involving the loss of
running water, hot water, heat, electricity, sanitary facilities, or other essential services or
facilities that the landlord is responsible for providing. deleted text end new text begin :
new text end

new text begin (1) when a unit of government has issued a condemnation order or a notice of intent to
condemn; or
new text end

new text begin (2) in cases of emergency involving the following services and facilities when the landlord
is responsible for providing them:
new text end

new text begin (i) a serious infestation;
new text end

new text begin (ii) the loss of running water;
new text end

new text begin (iii) the loss of hot water;
new text end

new text begin (iv) the loss of heat;
new text end

new text begin (v) the loss of electricity;
new text end

new text begin (vi) the loss of sanitary facilities;
new text end

new text begin (vii) a nonfunctioning refrigerator;
new text end

new text begin (viii) if included in the lease, a nonfunctioning air conditioner;
new text end

new text begin (ix) if included in the lease, no functioning elevator;
new text end

new text begin (x) any conditions, services, or facilities that pose a serious and negative impact on
health or safety; or
new text end

new text begin (xi) other essential services or facilities.
new text end

ARTICLE 2

RENTAL OBLIGATIONS AND COVENANTS

Section 1.

new text begin [504B.120] NONREFUNDABLE TENANT FEE PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited fees. new text end

new text begin Except for actual services rendered for an optional
service offered by the landlord, a landlord shall not charge a tenant any nonrefundable fee
in relation to a residential tenancy.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin A landlord who violates this section is liable to the residential tenant
for each unenforceable fee for three times the amount of each fee imposed that was not for
an actual optional service or $500, whichever is greater, and the court may award the tenant
reasonable attorney's fees.
new text end

Sec. 2.

Minnesota Statutes 2022, section 504B.161, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) In every lease or license of residential premises, the
landlord or licensor covenants:

(1) that the premises and all common areas are fit for the use intended by the parties;

(2) to keep the premises in reasonable repair during the term of the lease or license,
except when the disrepair has been caused by the willful, malicious, or irresponsible conduct
of the tenant or licensee or a person under the direction or control of the tenant or licensee;

(3) to make the premises reasonably energy efficient by installing weatherstripping,
caulking, storm windows, and storm doors when any such measure will result in energy
procurement cost savings, based on current and projected average residential energy costs
in Minnesota, that will exceed the cost of implementing that measure, including interest,
amortized over the ten-year period following the incurring of the cost; deleted text begin and
deleted text end

(4) to maintain the premises in compliance with the applicable health and safety laws
of the state, and of the local units of government where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licensee deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) to supply or furnish heat at a minimum temperature of at least 68 degrees Fahrenheit,
measured at a distance of 36 inches above floor level, and not closer than 36 inches from
any wall from October 1 through April 30.
new text end

(b) The parties to a lease or license of residential premises may not waive or modify the
covenants imposed by this section.

Sec. 3.

new text begin [504B.266] TERMINATION OF LEASE UPON INFIRMITY OF TENANT.
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) "Authorized representative" means a person acting as an attorney-in-fact under a
power of attorney under section 523.24 or a court-appointed conservator or guardian under
chapter 524.
new text end

new text begin (c) "Disability" means any condition or characteristic that is a physical, sensory, or
mental impairment that materially limits one or more major life activity.
new text end

new text begin (d) "Medical care facility" means:
new text end

new text begin (1) a nursing home, as defined in section 144A.01, subdivision 5;
new text end

new text begin (2) hospice care, as defined in section 144A.75, subdivision 8;
new text end

new text begin (3) a residential hospice facility, as defined in section 144A.75, subdivision 13;
new text end

new text begin (4) boarding care, as licensed under chapter 144 and regulated by the Department of
Health under Minnesota Rules, chapter 4655;
new text end

new text begin (5) a supervised living facility, as licensed under chapter 144;
new text end

new text begin (6) a facility providing assisted living, as defined in section 144G.08, subdivision 7;
new text end

new text begin (7) an accessible unit, as defined in section 363A.40, subdivision 1, paragraph (b);
new text end

new text begin (8) a state facility as defined in section 246.50, subdivision 3;
new text end

new text begin (9) a facility providing a foster care for adults program as defined in section 245A.02,
subdivision 6c; or
new text end

new text begin (10) a facility providing intensive residential treatment services under section 245I.23.
new text end

new text begin (e) "Medical professional" means:
new text end

new text begin (1) a physician who is currently licensed to practice medicine under section 147.02,
subdivision 1;
new text end

new text begin (2) an advanced practice registered nurse, as defined in section 148.171, subdivision 3;
or
new text end

new text begin (3) a mental health professional qualified under section 245I.04, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Termination of lease upon infirmity of tenant. new text end

new text begin (a) A tenant or the authorized
representative of the tenant may terminate the lease prior to the expiration of the lease in
the manner provided in subdivision 3 if the tenant or, if there are more than one tenant, all
the tenants have been found by a medical professional to need to move into a medical care
facility and to:
new text end

new text begin (1) require assistance with instrumental activities of daily living or personal activities
of daily living due to medical reasons or a disability;
new text end

new text begin (2) meet one of the nursing facility level of care criteria under section 144.0724,
subdivision 11; or
new text end

new text begin (3) have a disability or functional impairment in three or more of the areas listed in
section 245.462, subdivision 11a, so that self-sufficiency is markedly reduced because of
a mental illness.
new text end

new text begin (b) When a tenant requires an accessible unit as defined in section 363A.40, subdivision
1, and the landlord can provide an accessible unit in the same complex where the tenant
currently resides that is available within two months of the request, the provisions of this
section do not apply and the tenant may not terminate the lease.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin When the conditions in subdivision 2 have been met, the tenant or the
tenant's authorized representative may terminate the lease by providing at least two months'
written notice to be effective on the last day of a calendar month. The notice must be either
hand-delivered or mailed by postage prepaid, first class mail. The notice must include: (1)
a copy of the medical professional's written documentation of the infirmity; and (2)
documentation showing that the tenant has been accepted as a resident or has a pending
application at a location where the medical professional has indicated that the tenant needs
to move. The termination of a lease under this section shall not relieve the eligible tenant
from liability either for the payment of rent or other sums owed prior to or during the notice
period, or for the payment of amounts necessary to restore the premises to their condition
at the commencement of the tenancy, ordinary wear and tear excepted.
new text end

new text begin Subd. 4. new text end

new text begin Waiver prohibited. new text end

new text begin Any waiver of the rights of termination provided by this
section, including lease provisions or other agreements that require a longer notice period
than those provided for in this section, shall be void and unenforceable.
new text end

new text begin Subd. 5. new text end

new text begin Other laws. new text end

new text begin Nothing in this section affects the rights or remedies available in
this chapter or other law, including but not limited to chapter 363A.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023, and applies to leases
entered into or renewed on or after January 1, 2023. For the purposes of this section, estates
at will shall be deemed to be renewed at the commencement of each rental period.
new text end