HF 398

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/07/2022 03:41pm

A bill for an act
relating to housing; amending the covenants implied in a residential lease; providing
for tenants remedies against landlords for repairs; allowing a tenant to request
emergency repairs from the court; amending Minnesota Statutes 2020, sections
504B.161, subdivision 1; 504B.375, subdivision 1; 504B.381, subdivisions 1, 5,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 504B.161, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) In every lease or license of residential premises, the
landlord or licensor covenants:

(1) that the premises and all common areas are fit for the use intended by the parties;

(2) to keep the premises in reasonable repair during the term of the lease or license,
except when the disrepair has been caused by the willful, malicious, or irresponsible conduct
of the tenant or licensee or a person under the direction or control of the tenant or licensee;

(3) to make the premises reasonably energy efficient by installing weatherstripping,
caulking, storm windows, and storm doors when any such measure will result in energy
procurement cost savings, based on current and projected average residential energy costs
in Minnesota, that will exceed the cost of implementing that measure, including interest,
amortized over the ten-year period following the incurring of the cost; deleted text begin and
deleted text end

(4) to maintain the premises in compliance with the applicable health and safety laws
of the state, and of the local units of government where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licensee deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) to supply or furnish heat at a minimum temperature of at least 68 degrees Fahrenheit,
measured at a distance of 36 inches above floor level, and not closer than 36 inches from
any wall, from October 1 through April 30.
new text end

(b) The parties to a lease or license of residential premises may not waive or modify the
covenants imposed by this section.

Sec. 2.

Minnesota Statutes 2020, section 504B.375, subdivision 1, is amended to read:

Subdivision 1.

Unlawful exclusion or removal.

(a) This section applies to actual or
constructive removal or exclusion of a residential tenant which may include the termination
of utilities or the removal of doors, windows, or locks. A residential tenant to whom this
section applies may recover possession of the premises as described in paragraphs (b) to
(e).

(b) The residential tenant shall present a verified petition to the district court of the
judicial district of the county in which the premises are located that:

(1) describes the premises and the landlord;

(2) specifically states the facts and grounds that demonstrate that the exclusion or removal
was unlawful, including a statement that no writ of recovery of the premises and order to
vacate has been issued under section 504B.345 in favor of the landlord and against the
residential tenant and executed in accordance with section 504B.365; and

(3) asks for possession.

(c) If it clearly appears from the specific grounds and facts stated in the verified petition
or by separate affidavit of the residential tenant or the residential tenant's attorney or agent
that the exclusion or removal was unlawful, the court shall immediately order that the
residential tenant have possession of the premises.

(d) The residential tenant shall furnish security, if any, that the court finds is appropriate
under the circumstances for payment of all costs and damages the landlord may sustain if
the order is subsequently found to have been obtained wrongfully. In determining the
appropriateness of security, the court shall consider the residential tenant's ability to afford
monetary security.

(e) The court shall direct the order to the sheriff of the county in which the premises are
located and the sheriff shall execute the order immediately by making a demand for
possession on the landlord, if found, or the landlord's agent or other person in charge of the
premises. If the landlord fails to comply with the demand, the officer shall take whatever
assistance may be necessary and immediately place the residential tenant in possession of
the premises. If the landlord, the landlord's agent, or other person in control of the premises
cannot be found and if there is no person in charge, the officer shall immediately enter into
and place the residential tenant in possession of the premises. The officer shall also serve
the order and verified petition or affidavit immediately upon the landlord or agent, in the
same manner as a summons is required to be served in a civil action in district court.

new text begin (f) The court administrator may charge a filing fee in the amount set for complaints and
counterclaims in conciliation court, subject to the filing of an inability to pay affidavit.
new text end

Sec. 3.

Minnesota Statutes 2020, section 504B.381, subdivision 1, is amended to read:

Subdivision 1.

Petition.

A person authorized to bring an action under section 504B.395,
subdivision 1, may petition the court for relief deleted text begin in cases of emergency involving the loss of
running water, hot water, heat, electricity, sanitary facilities, or other essential services or
facilities that the landlord is responsible for providing. deleted text end new text begin :
new text end

new text begin (1) when a unit of government has issued a condemnation order or a notice of intent to
condemn; or
new text end

new text begin (2) in cases of emergency involving the following services and facilities when the landlord
is responsible for providing them:
new text end

new text begin (i) a serious infestation;
new text end

new text begin (ii) the loss of running water;
new text end

new text begin (iii) the loss of hot water;
new text end

new text begin (iv) the loss of heat;
new text end

new text begin (v) the loss of electricity;
new text end

new text begin (vi) the loss of sanitary facilities;
new text end

new text begin (vii) a nonfunctioning refrigerator;
new text end

new text begin (viii) if included in the lease, a nonfunctioning air conditioner;
new text end

new text begin (iv) if included in the lease, no functioning elevator;
new text end

new text begin (x) any conditions, services, or facilities that pose a serious and negative impact on
health or safety; or
new text end

new text begin (xi) other essential services or facilities.
new text end

Sec. 4.

Minnesota Statutes 2020, section 504B.381, subdivision 5, is amended to read:

Subd. 5.

Relief; service of new text begin petition and new text end order.

new text begin Provided proof that the petitioner has
given the notice required in subdivision 4 to the landlord, if the court finds based on the
petitioner's emergency ex parte motion for relief, affidavit, and other evidence presented
that the landlord violated subdivision 1, then new text end the court new text begin shall order that the landlord
immediately begin to remedy the violation and new text end may order relief as provided in section
504B.425. The new text begin court and new text end petitioner shall serve the new text begin petition and new text end order on the landlord
personally or by mail as soon as practicable. new text begin The court shall include notice of a hearing and,
at the hearing, shall consider evidence of alleged violations, defenses, compliance with the
order, and any additional relief available under section 504B.425. The court and petitioner
shall serve the notice of hearing on the ex parte petition and emergency order personally or
by mail as soon as practicable.
new text end

Sec. 5.

Minnesota Statutes 2020, section 504B.381, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Filing fee. new text end

new text begin The court administrator may charge a filing fee in the amount set
for complaints and counterclaims in conciliation court, subject to the filing of an inability
to pay affidavit.
new text end