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HF 1700

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 03:21pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 03/10/2015

Current Version - as introduced

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A bill for an act
 relating to criminal justice; requiring expungement of records when there
is judgment for the tenant or a settlement in an eviction action; amending
Minnesota Statutes 2014, section 504B.345, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 504B.345, subdivision 1, is amended to
read:


Subdivision 1.

General.

(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.

(b) The court shall give priority in issuing a writ of recovery of premises and order
to vacate for an eviction action brought under section 504B.171 or on the basis that the
tenant is causing a nuisance or seriously endangers the safety of other residents, their
property, or the landlord's property.

(c) If the court or jury finds for the defendant:

(1) the court shall enter judgment for the defendant, tax the costs against the plaintiff,
and issue execution in favor of the defendant; and

(2) the court deleted text begin maydeleted text end new text begin shallnew text end expunge the records relating to the action under the
provisions of section 484.014 or under the court's inherent authority at the time judgment
is entered deleted text begin or after that time upon motion of the defendantdeleted text end .

new text begin (d) If the parties agree to a settlement that includes expungement, the court shall
expunge the records relating to the action under section 484.014 or under the court's
inherent authority at the time judgment is entered.
 new text end

deleted text begin (d)deleted text end new text begin (e)new text end Except in actions brought: (1) under section 504B.291 as required by section
609.5317, subdivision 1; (2) under section 504B.171; or (3) on the basis that the tenant is
causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property, upon a showing by the defendant that immediate restitution of the
premises would work a substantial hardship upon the defendant or the defendant's family,
the court shall stay the writ of recovery of premises and order to vacate for a reasonable
period, not to exceed seven days.