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HF 2123

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/11/2021 02:43pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to real property; prohibiting certain covenants on single-family homes and
duplexes; proposing coding for new law in Minnesota Statutes, chapter 507.

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

Section 1.

new text begin [507.185] PROHIBITED RESTRICTIONS; GENERAL COVENANTS
FOR RESIDENTIAL HOMES.
new text end

new text begin Subdivision 1. new text end

new text begin Restrictions prohibited; residential homes. new text end

new text begin A written instrument relating
to real property made on or after August 1, 2021, shall not contain any provision prohibiting
the conveying, mortgaging, encumbering, or leasing of any real estate to any person based
on a restriction for the real property that requires:
new text end

new text begin (1) a minimum home size or height for a single or double occupancy residential home;
new text end

new text begin (2) a minimum building price or sale price for a single or double occupancy residential
home;
new text end

new text begin (3) restrictions on the type of parking structures attached or adjacent to a single or double
occupancy residential home; and
new text end

new text begin (4) restricting the building material available for the construction of a home or imposing
architectural styles that are designed to affect the exterior appearance of the home or the
fencing that may be used around the home for the construction on a single or double
occupancy residential home.
new text end

new text begin Subd. 2. new text end

new text begin Void and unenforceable. new text end

new text begin Every prohibited provision referred to in subdivision
1 shall be void, but the instrument shall have full force in all other respects and shall be
construed as if no such provision were contained therein.
new text end

new text begin Subd. 3. new text end

new text begin Definitions new text end

new text begin As used in this section, the phrase "written instruments relating to
or affecting real estate" embraces every writing relating to or affecting any right, title, or
interest in real estate, and includes, among other things, plats and wills. "Prohibited provision"
embraces all clauses, stipulations, restrictions, covenants, and conditions of the kind or
character referred to in subdivision 1. "Single or double occupancy residential home" means
a single-family home or duplex designed to have one or two residential living units in a
stand-alone building, but not more than two units.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on August 1, 2021, and applies to real
estate conveyances executed on or after that date.
new text end