HF 3253

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to landlord tenant; permitting immediate 
  1.3             termination of rental agreement for designated 
  1.4             drug-and-alcohol-free rental housing; proposing coding 
  1.5             for new law in Minnesota Statutes, chapter 504. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [504.182] [DRUG-AND-ALCOHOL-FREE HOUSING.] 
  1.8      Subdivision 1.  [DRUG-AND-ALCOHOL-FREE HOUSING DEFINED.] 
  1.9   "Drug-and-alcohol-free housing" means rental housing in which: 
  1.10     (1) each of the dwelling units on the premises is occupied 
  1.11  or held for occupancy by at least one tenant who is a recovering 
  1.12  alcoholic or drug addict and is participating in a program of 
  1.13  recovery; 
  1.14     (2) the landlord is a nonprofit organization; 
  1.15     (3) the landlord provides: 
  1.16     (i) a drug-and-alcohol-free environment, covering all 
  1.17  tenants, employees, staff, agents of the landlord, and guests; 
  1.18     (ii) an employee who monitors the tenants for compliance 
  1.19  with the written rental agreement provisions relating to alcohol 
  1.20  and drug possession and use; 
  1.21     (iii) individual and group support for recovery; and 
  1.22     (iv) access to a specified program of recovery; and 
  1.23     (4) the rental agreement is in writing and includes the 
  1.24  following provisions: 
  1.25     (i) that the tenant shall not use, possess, or share 
  2.1   alcohol, illegal drugs, controlled substances, or prescription 
  2.2   drugs without a medical prescription, either on or off the 
  2.3   premises; 
  2.4      (ii) that the tenant shall not allow the tenant's guests to 
  2.5   use, possess, or share alcohol, illegal drugs, controlled 
  2.6   substances, or prescription drugs without a medical 
  2.7   prescription, on the premises; 
  2.8      (iii) that the tenant shall participate in a program of 
  2.9   recovery, which specific program is described in the rental 
  2.10  agreement; 
  2.11     (iv) that on at least a quarterly basis the tenant shall 
  2.12  provide written verification from the tenant's program of 
  2.13  recovery that the tenant is participating in the program of 
  2.14  recovery and that the tenant has not used alcohol or illegal 
  2.15  drugs; 
  2.16     (v) that the landlord has the right to require the tenant 
  2.17  to take a urine analysis test regarding drug or alcohol usage, 
  2.18  at the landlord's discretion and expense; and 
  2.19     (vi) that the landlord has the right to evict the tenant 
  2.20  for noncompliance with the requirements of the alcohol and drug 
  2.21  use and possession provisions of the rental agreement. 
  2.22     Subd. 2.  [PROGRAM OF RECOVERY DEFINED.] "Program of 
  2.23  recovery" means a verifiable program of counseling and 
  2.24  rehabilitation treatment services, including a written plan, to 
  2.25  assist recovering alcoholics or drug addicts to recover from 
  2.26  their addiction to alcohol or illegal drugs while living in drug 
  2.27  and alcohol free housing.  A "program of recovery" includes 
  2.28  Alcoholics Anonymous, Narcotics Anonymous, and similar programs. 
  2.29     Subd. 3.  [TERMINATION.] If a tenant living for less than 
  2.30  two years in drug-and-alcohol-free housing uses, possesses, or 
  2.31  shares alcohol, illegal drugs, controlled substances, or 
  2.32  prescription drugs without a medical prescription, the landlord 
  2.33  may deliver a written notice to the tenant terminating the 
  2.34  tenancy as provided in this section.  The notice shall specify 
  2.35  the acts constituting the drug or alcohol violation and shall 
  2.36  state that the rental agreement will terminate in not less than 
  3.1   48 hours after delivery of the notice, at a specified date and 
  3.2   time.  The notice shall also state that the tenant can cure the 
  3.3   drug or alcohol violation by a change in conduct or otherwise 
  3.4   within 24 hours after delivery of the notice.  If the tenant 
  3.5   cures the violation within the 24-hour period, the rental 
  3.6   agreement shall not terminate.  If the tenant does not cure the 
  3.7   violation within the 24-hour period, the rental agreement shall 
  3.8   terminate as provided in the notice.  If substantially the same 
  3.9   act that constituted a prior drug or alcohol violation of which 
  3.10  notice was given reoccurs within six months, the landlord may 
  3.11  terminate the rental agreement upon at least 24 hours' written 
  3.12  notice specifying the violation and the date and time of 
  3.13  termination of the rental agreement.  The tenant shall not have 
  3.14  a right to cure such a subsequent violation.