HF 3810

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 04:39pm

A bill for an act
relating to civil law; prohibiting a landlord from initiating an eviction action against
a tenant who terminates a lease based on status as a crime victim; modifying
expungements of eviction records; amending Minnesota Statutes 2022, section
504B.206, subdivisions 1, 2, 3, 6, by adding a subdivision; Minnesota Statutes
2023 Supplement, section 484.014, subdivision 3.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 484.014, subdivision 3, is amended
to read:

Subd. 3.

Mandatory expungement.

(a) deleted text begin Except for clause (6), deleted text end The court shall, without
motion by any party new text begin except for clauses (6) and (7) new text end , order expungement of an eviction case:

(1) 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:

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

(ii) 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;

(2) if the defendant prevailed on the merits;

(3) if the court dismissed the plaintiff's complaint for any reason;

(4) if the parties to the action have agreed to an expungement;

(5) three years after the eviction was ordered; deleted text begin or
deleted text end

(6) new text begin upon motion of a defendant, if an eviction action has been filed in violation of section
504B.206, subdivision 3a; or
new text end

new text begin (7) new text end upon motion of a defendant, if the case is settled and the defendant fulfills the terms
of the settlement.

(b) If a tenant brings a motion for the expungement of an eviction, the court shall order
the expungement of an eviction case that was commenced on the grounds of a violation of
section 504B.171 or any other claim of breach regardless of when the original eviction was
ordered, if the tenant could receive an automatic expungement under section 609A.055, or
if the breach was based solely on the possession of marijuana or tetrahydrocannabinols.

Sec. 2.

Minnesota Statutes 2022, section 504B.206, subdivision 1, is amended to read:

Subdivision 1.

Right to terminate; procedure.

(a) A tenant to a residential lease may
terminate a lease agreement in the manner provided in this section without penalty or liability,
if the tenant or another authorized occupant fears imminent violence after being subjected
to:

(1) domestic abuse, as that term is defined under section 518B.01, subdivision 2;

(2) criminal sexual conduct under sections 609.342 to 609.3451;

(3) sexual extortion under section 609.3458; or

(4) harassment under section 609.749.

(b) The tenant must provide signed and dated advance written notice to the landlord:

(1) stating the tenant fears imminent violence from a person as indicated in a qualifying
document against the tenant or an authorized occupant if the tenant or authorized occupant
remains in the leased premises;

(2) stating that the tenant needs to terminate the tenancy;

(3) providing the date deleted text begin by deleted text end new text begin on new text end which the deleted text begin tenant will vacate deleted text end new text begin lease will terminate new text end ; and

(4) providing written instructions for the disposition of any remaining personal property
in accordance with section 504B.271.

(c) The written notice must be delivered before the termination of the tenancy by mail,
deleted text begin fax, or deleted text end in person new text begin , or by a form of written communication the plaintiff regularly uses to
communicate with the landlord new text end , and be accompanied by a qualifying document. new text begin The tenancy
terminates for the tenant who exercises the right granted under this subdivision, including
the right of possession of the premises, on the date provided in the notice required under
paragraph (b). Vacation of the premises under this section by the tenant prior to the date
provided in the notice does not constitute termination of the tenancy for the purposes of this
section.
new text end

(d) The landlord may request that the tenant disclose the name of the perpetrator and, if
a request is made, inform the tenant that the landlord seeks disclosure to protect other tenants
in the building. The tenant may decline to provide the name of the perpetrator for safety
reasons. Disclosure shall not be a precondition of terminating the lease.

deleted text begin (e) The tenancy terminates, including the right of possession of the premises, as provided
in subdivision 3.
deleted text end

Sec. 3.

Minnesota Statutes 2022, section 504B.206, subdivision 2, is amended to read:

Subd. 2.

Treatment of information.

(a) A landlord must not disclose:

(1) any information provided to the landlord by a tenant in the written notice required
under subdivision 1, paragraph (b);

(2) any information contained in the qualifying document;

(3) the address or location to which the tenant has relocated; or

(4) the status of the tenant as a victim of violence.

(b) The information referenced in paragraph (a) must not be entered into any shared
database or provided to any person or entity but may be used when required as evidence in
an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims
under section 504B.178, with the consent of the tenant, or as otherwise required by law.

new text begin (c) A landlord who violates this section is liable to the tenant for statutory damages of
$2,000, plus reasonable attorney fees and costs.
new text end

Sec. 4.

Minnesota Statutes 2022, section 504B.206, subdivision 3, is amended to read:

Subd. 3.

Liability for rent; termination of tenancy.

(a) A tenant who is a sole tenant
and is terminating a lease under subdivision 1 is responsible for the rent payment for the
full month in which the tenancy terminates. The tenant deleted text begin forfeits deleted text end new text begin relinquishes new text end all claims for
the return of the security deposit under section 504B.178 and is relieved of any other
contractual obligation for payment of rent or any other charges for the remaining term of
the lease, except as provided in this section. In a sole tenancy, the tenancy terminates on
the date specified in the notice provided to the landlord as required under subdivision 1.

(b) In a tenancy with multiple tenants, one of whom is terminating the lease under
subdivision 1, any lease governing all new text begin remaining new text end tenants is terminated at the later of the end
of the month or the end of the rent interval in which one tenant terminates the lease under
subdivision 1. All tenants are responsible for the rent payment for the full month in which
the tenancy terminates. Upon termination, all tenants deleted text begin forfeit deleted text end new text begin relinquish new text end all claims for the
return of the security deposit under section 504B.178 and are relieved of any other contractual
obligation for payment of rent or any other charges for the remaining term of the lease,
except as provided in this section. Any tenant whose tenancy was terminated under this
paragraph may reapply to enter into a new lease with the landlord.

(c) This section does not affect a tenant's liability for delinquent, unpaid rent or other
amounts owed to the landlord before the lease was terminated by the tenant under this
section.

Sec. 5.

Minnesota Statutes 2022, section 504B.206, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Eviction prohibited for victim of violence terminating lease. new text end

new text begin (a) A landlord
may not initiate an eviction action against a residential tenant who has terminated a lease
as provided in this section. A landlord violating this subdivision is liable to the tenant for
reasonable attorney fees and costs incurred by the tenant for obtaining an expungement as
provided under section 484.014, subdivision 3.
new text end

new text begin (b) Notwithstanding paragraph (a), nothing prevents a landlord from taking an action
under section 504B.285 where a tenant has provided the written notice under subdivision
1, but failed to vacate on or before the date provided in that notice.
new text end

Sec. 6.

Minnesota Statutes 2022, section 504B.206, subdivision 6, is amended to read:

Subd. 6.

Definitions.

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

(1) "court official" means a judge, referee, court administrator, prosecutor, probation
officer, or victim's advocate, whether employed by or under contract with the court, who
is authorized to act on behalf of the court;

(2) "qualified third party" means a person, acting in an official capacity, who has deleted text begin had
in-person contact with deleted text end new text begin provided professional services to new text end the tenant and is:

(i) a licensed health care professional operating within the scope of the license;

(ii) a domestic abuse advocate, as that term is defined in section 595.02, subdivision 1,
paragraph (l); or

(iii) a sexual assault counselor, as that term is defined in section 595.02, subdivision 1,
paragraph (k);

(3) "qualifying document" means:

(i) a valid order for protection issued under chapter 518B;

(ii) a no contact order currently in effect, issued under section 629.75 or chapter 609;

(iii) a writing produced and signed by a court official, acting in an official capacity,
documenting that the tenant or authorized occupant is a victim of domestic abuse, as that
term is defined under section 518B.01, subdivision 2, criminal sexual conduct under sections
609.342 to 609.3451, sexual extortion under section 609.3458, or harassment under section
609.749, and naming the perpetrator, if known;

(iv) a writing produced and signed by a city, county, state, or tribal law enforcement
official, acting in an official capacity, documenting that the tenant or authorized occupant
is a victim of domestic abuse, as that term is defined under section 518B.01, subdivision 2,
criminal sexual conduct under sections 609.342 to 609.3451, sexual extortion under section
609.3458, or harassment under section 609.749, and naming the perpetrator, if known; or

(v) a statement by a qualified third party, in the following form:

STATEMENT BY QUALIFIED THIRD PARTY

I, .................... (name of qualified third party), do hereby verify as follows:

1. I am a licensed health care professional, domestic abuse advocate, as that term is
defined in section 595.02, subdivision 1, paragraph (l), or sexual assault counselor, as that
term is defined in section 595.02, subdivision 1, paragraph (k), who has deleted text begin had in-person
contact with deleted text end new text begin provided professional services to new text end .................... (name of victim(s)).

2. I have a reasonable basis to believe .................... (name of victim(s)) is a victim/are
victims of domestic abuse, criminal sexual conduct, sexual extortion, or harassment and
fear(s) imminent violence against the individual or authorized occupant if the individual
remains (the individuals remain) in the leased premises.

3. I understand that the person(s) listed above may use this document as a basis for
gaining a release from the lease.

I attest that the foregoing is true and correct.

(Printed name of qualified third party)

(Signature of qualified third party)

(Business address and business telephone)

(Date)