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HF 2547

as introduced - 90th Legislature (2017 - 2018) Posted on 03/27/2017 10:04am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to housing; allowing expungement for an eviction that was the result of a
life event when the defendant completed financial counseling; appropriating money
to the commissioner of human services for housing support services; amending
Minnesota Statutes 2016, section 484.014.

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

Section 1.

Minnesota Statutes 2016, section 484.014, is amended to read:


484.014 HOUSING RECORDS; EXPUNGEMENT OF EVICTION
INFORMATION.

Subdivision 1.

Definitions.

For the purpose of this section, the following terms have
the meanings given:

(1) "expungement" means the removal of evidence of the court file's existence from the
publicly accessible records;

(2) "eviction case" means an action brought under sections 504B.281 to 504B.371; deleted text beginand
deleted text end

(3) "court file" means the court file created when an eviction case is filed with the courtnew text begin;
and
new text end

new text begin (4) "life event" means a divorce, the death of an immediate family member or household
member, major illness, or job loss
new text end.

Subd. 2.

Discretionary expungement.

new text begin(a) new text endThe court may order expungement of an
eviction case court file 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 expungement is clearly in the interests of
justice and those interests are not outweighed by the public's interest in knowing about the
record.

new text begin (b) The court may order expungement of an eviction case court file upon motion of a
defendant and decision by the court that the defendant's eviction was the result of a life
event that directly impacted the defendant's ability to pay rent when:
new text end

new text begin (1) the defendant provides evidence of the life event that directly related to the inability
to pay rent by providing a divorce decree, the death certificate of an immediate family
member or household member, proof of major illness for defendant, or proof of the loss of
employment; and
new text end

new text begin (2) the defendant provides a certificate of completion for participation in a rental capacity
training program or financial literacy program designed to assist individuals in building and
restoring credit that was completed after the eviction occurred.
new text end

Subd. 3.

Mandatory expungement.

The court shall order expungement of an eviction
case 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:

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

(2) 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.

Sec. 2. new text beginAPPROPRIATION; HOUSING OPPORTUNITY MADE EQUITABLE
COLLABORATIVE.
new text end

new text begin $250,000 in fiscal year 2018 and $250,000 in fiscal year 2019 are appropriated from the
general fund to the commissioner of human services for the Housing Opportunity Made
Equitable Collaborative, including the Aurora St. Anthony Neighborhood Development
Corporation, Build Wealth MN Inc., Camphor Fiscally Fit, and Model Cities, to administer
a rental capacity pilot program under Minnesota Statutes, section 256E.33, to provide
supportive services including education and counseling to assist participants on how to pay
for past damages and judgments to landlords or owners for discretionary expungements.
new text end