1st Engrossment - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/30/2021 02:20pm
A bill for an act
relating to state government; establishing a budget for the Minnesota Housing
Finance Agency; modifying various housing policy provisions; expanding
requirements and uses of housing infrastructure bonds and rehabilitation loans;
expanding accommodation requirements for service and support animals; expanding
property ownership options to owners of manufactured homes; providing for an
eviction moratorium phaseout; establishing a task force on shelter; making technical
and conforming changes; requiring a report; appropriating money; amending
Minnesota Statutes 2020, sections 12A.09, subdivision 3; 256C.02; 273.11,
subdivision 12; 273.125, subdivision 8; 326B.106, subdivision 7; 363A.09,
subdivision 5; 462A.05, subdivisions 14, 14a; 462A.07, subdivision 2; 462A.30,
subdivision 9; 462A.37, subdivision 5, by adding a subdivision; 474A.21; proposing
coding for new law in Minnesota Statutes, chapters 168A; 504B; repealing
Minnesota Statutes 2020, section 168A.141.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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The commissioner of management and budget shall not use any money received by the
state from the Homeowner Assistance Fund under Public Law 117-2, the American Rescue
Plan, to reimburse the federal coronavirus relief fund for money allocated to the Housing
Finance Agency according to the federal coronavirus relief fund action order number 44
that was approved by the commissioner on July 27, 2020.
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Sec. 2. new text begin APPROPRIATIONS.
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The sums shown in the columns marked "Appropriations" are appropriated to the agency
for the purposes specified in this article. The appropriations are from the general fund, or
another named fund, and are available for the fiscal years indicated for each purpose. The
figures "2022" and "2023" used in this article mean that the appropriations listed under them
are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively. "The
first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium" is
fiscal years 2022 and 2023.
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APPROPRIATIONS new text end |
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Available for the Year new text end |
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Ending June 30 new text end |
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2022 new text end |
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2023 new text end |
Sec. 3. new text begin HOUSING FINANCE AGENCY
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new text begin Subdivision 1. new text end
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Total Appropriation
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$ new text end |
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67,798,000 new text end |
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$ new text end |
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57,798,000 new text end |
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(a) The amounts that may be spent for each
purpose are specified in the following
subdivisions.
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(b) Unless otherwise specified, this
appropriation is for transfer to the housing
development fund for the programs specified
in this section. Except as otherwise indicated,
this transfer is part of the agency's permanent
budget base.
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new text begin Subd. 2. new text end
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Challenge Program
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15,725,000 new text end |
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12,925,000 new text end |
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(a) This appropriation is for the economic
development and housing challenge program
under Minnesota Statutes, sections 462A.07,
subdivision 14, and 462A.33.
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(b) Of this amount, $1,208,000 each year shall
be made available during the first 11 months
of the fiscal year exclusively for housing
projects for American Indians. Any funds not
committed to housing projects for American
Indians in the first 11 months of the fiscal year
shall be available for any eligible activity
under Minnesota Statutes, sections 462A.07,
subdivision 14, and 462A.33.
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new text begin Subd. 3. new text end
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Workforce Housing Development
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2,000,000 new text end |
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2,000,000 new text end |
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This appropriation is for the Greater
Minnesota workforce housing development
program under Minnesota Statutes, section
462A.39. If requested by the applicant and
approved by the agency, funded properties
may include a portion of income and rent
restricted units. Funded properties may include
owner-occupied homes.
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new text begin Subd. 4. new text end
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Manufactured Home Park
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2,750,000 new text end |
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1,000,000 new text end |
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This appropriation is for manufactured home
park infrastructure grants under Minnesota
Statutes, section 462A.2035, subdivision 1b.
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new text begin Subd. 5. new text end
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Workforce Homeownership Program
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3,500,000 new text end |
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250,000 new text end |
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This appropriation is for the workforce
homeownership program under Minnesota
Statutes, section 462A.38.
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new text begin Subd. 6. new text end
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Housing Trust Fund
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11,646,000 new text end |
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11,646,000 new text end |
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This appropriation is for deposit in the housing
trust fund account created under Minnesota
Statutes, section 462A.201, and may be used
for the purposes provided in that section.
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new text begin Subd. 7. new text end
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Homework Starts with Home
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1,750,000 new text end |
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1,750,000 new text end |
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This appropriation is for the homework starts
with home program under Minnesota Statutes,
sections 462A.201, subdivision 2, paragraph
(a), clause (4), and 462A.204, subdivision 8,
to provide assistance to homeless or highly
mobile families with children eligible for
enrollment in a prekindergarten through grade
12 academic program.
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new text begin Subd. 8. new text end
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Rental Assistance for Mentally Ill
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4,338,000 new text end |
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4,338,000 new text end |
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This appropriation is for the rental housing
assistance program for persons with a mental
illness or families with an adult member with
a mental illness under Minnesota Statutes,
section 462A.2097. Among comparable
proposals, the agency shall prioritize those
proposals that target, in part, eligible persons
who desire to move to more integrated,
community-based settings.
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new text begin Subd. 9. new text end
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Family Homeless Prevention
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10,269,000 new text end |
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10,269,000 new text end |
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This appropriation is for the family homeless
prevention and assistance programs under
Minnesota Statutes, section 462A.204.
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new text begin Subd. 10. new text end
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Home Ownership Assistance Fund
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1,885,000 new text end |
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885,000 new text end |
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This appropriation is for the home ownership
assistance program under Minnesota Statutes,
section 462A.21, subdivision 8. The agency
shall continue to strengthen its efforts to
address the disparity gap in the
homeownership rate between white
households and Indigenous American Indians
and communities of color. To better
understand and address the disparity gap, the
agency is required to collect, on a voluntary
basis, demographic information regarding
race, color, national origin, and sex of
applicants for agency programs intended to
benefit homeowners and homebuyers.
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new text begin Subd. 11. new text end
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Affordable Rental Investment Fund
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4,218,000 new text end |
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4,218,000 new text end |
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(a) This appropriation is for the affordable
rental investment fund program under
Minnesota Statutes, section 462A.21,
subdivision 8b, to finance the acquisition,
rehabilitation, and debt restructuring of
federally assisted rental property and for
making equity take-out loans under Minnesota
Statutes, section 462A.05, subdivision 39.
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(b) The owner of federally assisted rental
property must agree to participate in the
applicable federally assisted housing program
and to extend any existing low-income
affordability restrictions on the housing for
the maximum term permitted.
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(c) The appropriation also may be used to
finance the acquisition, rehabilitation, and debt
restructuring of existing supportive housing
properties and naturally occurring affordable
housing as determined by the commissioner.
For purposes of this paragraph, "supportive
housing" means affordable rental housing with
links to services necessary for individuals,
youth, and families with children to maintain
housing stability.
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new text begin Subd. 12. new text end
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Owner-Occupied Housing
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2,772,000 new text end |
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2,772,000 new text end |
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(a) This appropriation is for the rehabilitation
of owner-occupied housing under Minnesota
Statutes, section 462A.05, subdivisions 14 and
14a.
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(b) Notwithstanding any law to the contrary,
grants or loans under this subdivision may be
made without rent or income restrictions of
owners or tenants. To the extent practicable,
grants or loans must be made available
statewide.
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new text begin Subd. 13. new text end
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Rental Housing Rehabilitation
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3,743,000 new text end |
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3,743,000 new text end |
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(a) This appropriation is for the rehabilitation
of eligible rental housing under Minnesota
Statutes, section 462A.05, subdivision 14. In
administering a rehabilitation program for
rental housing, the agency may apply the
processes and priorities adopted for
administration of the economic development
and housing challenge program under
Minnesota Statutes, section 462A.33, and may
provide grants or forgivable loans if approved
by the agency.
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(b) Notwithstanding any law to the contrary,
grants or loans under this subdivision may be
made without rent or income restrictions of
owners or tenants. To the extent practicable,
grants or loans must be made available
statewide.
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new text begin Subd. 14. new text end
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Homeownership Education,
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857,000 new text end |
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857,000 new text end |
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This appropriation is for the homeownership
education, counseling, and training program
under Minnesota Statutes, section 462A.209.
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new text begin Subd. 15. new text end
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Capacity-Building Grants
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645,000 new text end |
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645,000 new text end |
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This appropriation is for nonprofit
capacity-building grants under Minnesota
Statutes, section 462A.21, subdivision 3b. Of
this amount, $125,000 each year is for support
of the Homeless Management Information
System (HMIS), and $70,000 in fiscal year
2022 and $70,000 in fiscal year 2023 are for
Open Access Connections. The appropriations
for Open Access Connections are onetime.
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new text begin Subd. 16. new text end
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Build Wealth MN
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500,000 new text end |
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500,000 new text end |
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This appropriation is for a grant to Build
Wealth Minnesota to provide a family
stabilization plan program including program
outreach, financial literacy education, and
budget and debt counseling.
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new text begin Subd. 17. new text end
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Local Housing Trust Fund Grants
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1,000,000 new text end |
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-0- new text end |
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(a) This appropriation is for grants to local
housing trust funds established under
Minnesota Statutes, section 462C.16, to
incentivize local funding.
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(b) A grantee is eligible to receive a grant
amount equal to 100 percent of the new public
revenue committed to the local housing trust
fund from any source other than the state or
federal government, up to $150,000, and
depending on funding availability, an amount
equal to 50 percent of the new public revenue
committed to the local housing trust fund from
any source other than the state or federal
government that is more than $150,000 but
not more than $300,000.
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(c) The agency shall consult with interested
stakeholders when developing the guidelines,
applications, and procedures for the program.
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(d) A grantee must use grant funds within five
years of receipt for purposes: (1) authorized
under Minnesota Statutes, section 462C.16,
subdivision 3; and (2) benefiting households
with incomes at or below 115 percent of the
state median income. A grantee must return
any grant funds not used for these purposes
within eight years of receipt to the
commissioner of the Minnesota Housing
Finance Agency for deposit into the economic
development and housing challenge program
under Minnesota Statutes, section 462A.33.
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new text begin Subd. 18. new text end
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Task Force on Shelter
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200,000 new text end |
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-0- new text end |
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This appropriation is to implement the task
force on shelter established under article 6.
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new text begin Subd. 19. new text end
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Availability of Funds
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Money appropriated in the first year in this
article is available the second year.
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Minnesota Statutes 2020, section 12A.09, subdivision 3, is amended to read:
Grants may be made under section 462A.21,
subdivision 3bdeleted text begin ,deleted text end new text begin :
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new text begin (1) new text end to local units of government, including regional consortia, in the disaster area deleted text begin anddeleted text end new text begin ;
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new text begin (2) tonew text end nonprofit organizationsnew text begin ; and
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new text begin (3) to federally recognized American Indian Tribes or subdivisions located in Minnesota,
and Tribal housing corporations
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working in the disaster area to assess housing and related needs, develop and implement
community or regional plans to meet those needs, and provide capacity to implement recovery
plans.
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This section is effective August 1, 2021.
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Minnesota Statutes 2020, section 256C.02, is amended to read:
People who are blind or people with a visual or physical disability have the same right
as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways,
public buildings, public facilities, and other public places; and are entitled to full and equal
accommodations, advantages, facilities, and privileges of all common carriers, airplanes,
motor vehicles, railroad trains, motor buses, boats, or any other public conveyances or
modes of transportation, hotels, lodging places, places of public accommodation, amusement,
or resort, and other places to which the general public is invited, subject only to the conditions
and limitations established by law and applicable alike to all persons.
Every person who is totally or partially blind, or person who is deaf, or person with a
physical disability, or any person training a dog to be a service dog shall have the right to
be accompanied by a service dog in any of the places listed in section 363A.19. The person
shall be liable for any damage done to the premises or facilities by such dog. deleted text begin The service
dog must be capable of being properly identified as from a recognized school for seeing
eye, hearing ear, service, or guide dogs.
deleted text end
Minnesota Statutes 2020, section 273.11, subdivision 12, is amended to read:
(a) A community land trust, as defined under chapter
462A, is (i) a community-based nonprofit corporation organized under chapter 317A, which
qualifies for tax exempt status under 501(c)(3), or (ii) a "city" as defined in section 462C.02,
subdivision 6, which has received funding from the Minnesota housing finance agency for
purposes of the community land trust program. The Minnesota Housing Finance Agency
shall set the criteria for community land trusts.
(b) deleted text begin All occupants of a community land trust building must have a family income of less
than 80 percent of the greater of (1) the state median income, or (2) the area or county
median income, as most recently determined by the Department of Housing and Urban
Development.deleted text end Before the community land trust can rent or sell a unit to an applicant, the
community land trust shall verify to the satisfaction of the administering agency or the city
that the family income of each person or family applying for a unit in the community land
trust building is within the income criteria provided in deleted text begin this paragraphdeleted text end new text begin section 462A.30,
subdivision 9new text end . The administering agency or the city shall verify to the satisfaction of the
county assessor that the occupant meets the income criteria under deleted text begin this paragraphdeleted text end new text begin section
462A.30, subdivision 9new text end . The property tax benefits under paragraph (c) shall be granted only
to property owned or rented by persons or families within the qualifying income limits. The
family income criteria and verification is only necessary at the time of initial occupancy in
the property.
(c) A unit which is owned by the occupant and used as a homestead by the occupant
qualifies for homestead treatment as class 1a under section 273.13, subdivision 22. A unit
which is rented by the occupant and used as a homestead by the occupant shall be class 4a
or 4b property, under section 273.13, subdivision 25, whichever is applicable. Any remaining
portion of the property not used for residential purposes shall be classified by the assessor
in the appropriate class based upon the use of that portion of the property owned by the
community land trust. The land upon which the building is located shall be assessed at the
same classification rate as the units within the building, provided that if the building contains
some units assessed as class 1a and some units assessed as class 4a or 4b, the market value
of the land will be assessed in the same proportions as the value of the building.
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This section is effective August 1, 2021.
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Minnesota Statutes 2020, section 326B.106, subdivision 7, is amended to read:
new text begin (a)new text end The commissioner of labor and
industry shall adopt rules for window fall prevention devices as part of the State Building
Code. Window fall prevention devices include, but are not limited to, safety screens,
hardware, guards, and other devices that comply with the standards established by the
commissioner of labor and industry. The rules shall require compliance with standards for
window fall prevention devices developed by ASTM International, contained in the
International Building Code as the model language with amendments deemed necessary to
coordinate with the other adopted building codes in Minnesota. The rules shall establish a
scope that includes the applicable building occupancies, and the types, locations, and sizes
of windows that will require the installation of fall devices.
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(b) In one- and two-family dwellings and townhouses, as defined in Minnesota Rules,
part 1309.0202, subpart 1, window fall prevention devices are not required when: (1) the
lowest part of the window opening of an operable window is a minimum of 24 inches above
the finished floor of the room in which the window is located; or (2) the lowest part of the
opening of an operable window is located 72 inches or less above the exterior grade below.
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Minnesota Statutes 2020, section 363A.09, subdivision 5, is amended to read:
It is an unfair discriminatory practice
for a person to deny full and equal access to real property provided for in sections 363A.08
to 363A.19, and 363A.28, subdivision 10, to a person who deleted text begin is totally or partially blind, deaf,
or has a physical or sensorydeleted text end new text begin has anew text end disability and who uses a service animaldeleted text begin , if the service
animal can be properly identified as being from a recognized program which trains service
animals to aid persons who are totally or partially blind or deaf or have physical or sensory
disabilitiesdeleted text end . The person may not be required to pay extra compensation for the service animal
but is liable for damage done to the premises by the service animal.
Minnesota Statutes 2020, section 462A.05, subdivision 14, is amended to read:
It may agree to purchase, make, or otherwise participate
in the making, and may enter into commitments for the purchase, making, or participation
in the making, of eligible loans for rehabilitation, with terms and conditions as the agency
deems advisable, to persons and families of low and moderate income, and to owners of
existing residential housing for occupancy by such persons and families, for the rehabilitation
of existing residential housing owned by them. The loans may be insured or uninsured and
may be made with security, or may be unsecured, as the agency deems advisable. The loans
may be in addition to or in combination with long-term eligible mortgage loans under
subdivision 3. They may be made in amounts sufficient to refinance existing indebtedness
secured by the property, if refinancing is determined by the agency to be necessary to permit
the owner to meet the owner's housing cost without expending an unreasonable portion of
the owner's income thereon. No loan for rehabilitation shall be made unless the agency
determines that the loan will be used primarily to make the housing more desirable to live
in, to increase the market value of the housing, for compliance with state, county or municipal
building, housing maintenance, fire, health or similar codes and standards applicable to
housing, or to accomplish energy conservation related improvements. In unincorporated
areas and municipalities not having codes and standards, the agency may, solely for the
purpose of administering the provisions of this chapter, establish codes and standards. deleted text begin Except
for accessibility improvements under this subdivision and subdivisions 14a and 24, clause
(1), no secured loan for rehabilitation of any owner-occupied property shall be made in an
amount which, with all other existing indebtedness secured by the property, would exceed
110 percent of its market value, as determined by the agency.deleted text end No loan under this subdivision
for the rehabilitation of owner-occupied housing shall be denied solely because the loan
will not be used for placing the owner-occupied residential housing in full compliance with
all state, county, or municipal building, housing maintenance, fire, health, or similar codes
and standards applicable to housing. Rehabilitation loans shall be made only when the
agency determines that financing is not otherwise available, in whole or in part, from private
lenders upon equivalent terms and conditions. Accessibility rehabilitation loans authorized
under this subdivision may be made to eligible persons and families without limitations
relating to the maximum incomes of the borrowers if:
(1) the borrower or a member of the borrower's family requires a level of care provided
in a hospital, skilled nursing facility, or intermediate care facility for persons with
developmental disabilities;
(2) home care is appropriate; and
(3) the improvement will enable the borrower or a member of the borrower's family to
reside in the housing.
The agency may waive any requirement that the housing units in a residential housing
development be rented to persons of low and moderate income if the development consists
of four or less dwelling units, one of which is occupied by the owner.
new text begin
This section is effective August 1, 2021.
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Minnesota Statutes 2020, section 462A.05, subdivision 14a, is amended to read:
It may
make loans to persons and families of low and moderate income to rehabilitate or to assist
in rehabilitating existing residential housing owned and occupied by those persons or
families. new text begin Rehabilitation may include replacement of manufactured homes. new text end No loan shall be
made unless the agency determines that the loan will be used primarily for rehabilitation
work necessary for health or safety, essential accessibility improvements, or to improve the
energy efficiency of the dwelling. No loan for rehabilitation of owner-occupied residential
housing shall be denied solely because the loan will not be used for placing the residential
housing in full compliance with all state, county or municipal building, housing maintenance,
fire, health or similar codes and standards applicable to housing. The amount of any loan
shall not exceed the lesser of (a) a maximum loan amount determined under rules adopted
by the agency not to exceed deleted text begin $27,000deleted text end new text begin $37,500new text end , or (b) the actual cost of the work performed,
or (c) that portion of the cost of rehabilitation which the agency determines cannot otherwise
be paid by the person or family without the expenditure of an unreasonable portion of the
income of the person or family. Loans made in whole or in part with federal funds may
exceed the maximum loan amount to the extent necessary to comply with federal lead
abatement requirements prescribed by the funding source. In making loans, the agency shall
determine the circumstances under which and the terms and conditions under which all or
any portion of the loan will be repaid and shall determine the appropriate security for the
repayment of the loan. Loans pursuant to this subdivision may be made with or without
interest or periodic payments.
new text begin
This section is effective August 1, 2021.
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Minnesota Statutes 2020, section 462A.07, subdivision 2, is amended to read:
It may provide general technical
servicesnew text begin and supportnew text end to assist in the planning, processing, design, construction or
rehabilitation, and inspection of residential housing for occupancy by persons and families
of low and moderate incomenew text begin and to increase the capacity of entities to meet the housing
needs in the statenew text end .
new text begin
This section is effective August 1, 2021.
new text end
Minnesota Statutes 2020, section 462A.30, subdivision 9, is amended to read:
"Persons and families of
low and moderate income" means persons or families whose income does not exceed:
(1) deleted text begin 80deleted text end new text begin 115new text end percent of the greater of state median income, or area or county median
income as determined by the Department of Housing and Urban Development; or
(2) the amount that qualifies the organization for tax exempt status under United States
Code, title 26, section 501(c)(3), whichever is less.
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This section is effective August 1, 2021.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Service animal" has the meaning given in Code of Federal Regulations, title 28,
section 36.104, as amended.
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(c) "Support animal" means an animal that: (1) provides emotional support that alleviates
one or more identified symptoms or effects of a person's disability; and (2) does not need
to be trained to perform a specific disability-related task.
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(d) "Tenant" means a current tenant or a prospective tenant.
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(e) "Licensed professional" means a provider of care who is:
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(1) a person licensed by the Board of Medical Practice under chapter 147;
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(2) a physician assistant licensed under chapter 147A;
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(3) a nurse, as defined in section 148.171, subdivision 9, licensed under chapter 148;
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(4) a psychologist licensed under chapter 148;
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(5) a mental health professional licensed under chapter 148B;
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(6) a social worker licensed under chapter 148E;
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(7) a counselor licensed under chapter 148F; or
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(8) any professional listed in clauses (1) to (7) who holds a valid license in any other
state, provided the professional has an existing treatment relationship with the tenant
requesting a reasonable accommodation.
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A licensed professional does not include any person who operates primarily to provide
certification for a service or support animal.
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(f) "Reasonable accommodation" means the granting of a waiver by a landlord of a
no-pets or pet-fee policy for a person with a disability consistent with the Fair Housing Act,
United States Code, title 42, sections 3601 to 3619, as amended, and section 504 of the
Rehabilitation Act of 1973, United States Code, title 29, section 701, as amended.
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(g) "Disability" has the meaning given in section 363A.03, subdivision 12.
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(a) A landlord may require a tenant
to provide supporting documentation for each service or support animal for which the tenant
requests a reasonable accommodation under any provision of law. A landlord must not
require supporting documentation from a tenant if the tenant's disability or disability-related
need for a service or support animal is readily apparent or already known to the landlord.
new text end
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(b) Upon a landlord's request, the tenant must provide supporting documentation from
a licensed professional confirming the tenant's disability and the relationship between the
tenant's disability and the need for a service or support animal. A landlord must not require
the tenant to disclose or provide access to medical records or medical providers or provide
any other information or documentation of a person's physical or mental disability.
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A landlord must not require a tenant
with a reasonable accommodation under this section to pay an additional fee, charge, or
deposit for the service or support animal. A tenant is liable to the landlord for any damage
to the premises caused by the service or support animal.
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A tenant must not, directly or indirectly through statements
or conduct, knowingly:
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(1) misrepresent themselves as a person with a disability that requires the use of a service
or support animal; or
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(2) provide fraudulent supporting documentation under this section.
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If a tenant violates this section, the landlord may deny the tenant's
rental application or request for a service or support animal. Nothing in this section shall
be construed to prohibit an eviction action based on a breach of the lease.
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(a) When a lease term for a residential unit ends on a date before the last day of the final
month, the amount of rent to be paid for the final month owed for the final month of rent
must be prorated at the average daily rate for that month so that the tenant only pays for the
actual number of days that occupancy is allowed. This provision applies to all leases,
including leases requiring the last month of rent to be paid in advance. Any attempted waiver
of this section by a landlord and tenant, by contract or otherwise, shall be void and
unenforceable.
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(b) For purposes of this section, prorated rent must be calculated using the actual number
of calendar days for the calendar month in which the lease expires.
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This section is effective September 1, 2021, and applies to leases
entered into on or after that date.
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(a) When a
manufactured home is to be affixed or is affixed, as defined in section 273.125, subdivision
8, paragraph (b), to real property owned by a Minnesota nonprofit corporation or a Minnesota
cooperative, the owner of the manufactured home may surrender the manufacturer's certificate
of origin or certificate of title to the department for cancellation so that the manufactured
home becomes an improvement to real property and is no longer titled as personal property.
The department must not issue a certificate of title for a manufactured home under chapter
168A if the manufacturer's certificate of origin is or has been surrendered under this
subdivision, except as provided in section 168A.142. Upon surrender of the manufacturer's
certificate of origin or the certificate of title, the department must issue notice of surrender
to the owner and upon recording an affidavit of affixation, which the county recorder or
registrar of titles, as applicable, must accept, the manufactured home is deemed to be an
improvement to real property. An affidavit of affixation by the owner of the manufactured
home must include the following information:
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(1) the name, residence address, and mailing address of owner or owners of the
manufactured home;
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(2) the legal description of the real property in which the manufactured home is, or will
be, located;
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(3) a copy of the surrendered manufacturer's certificate of origin or certificate of title
and the notice of surrender;
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(4) a written statement from the county auditor or county treasurer of the county where
the manufactured home is located stating that all property taxes payable in the current year,
as provided under section 273.125, subdivision 8, paragraph (b), have been paid or are not
applicable; and
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(5) the signature of the person who executes the affidavit, properly executed before a
person authorized to authenticate an affidavit in this state.
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(b) A certified copy of the affidavit must be delivered to the county auditor of the county
in which the real property to which the manufactured home was affixed is located.
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(c) The department is not liable for any errors, omissions, misstatements, or other
deficiencies or inaccuracies in documents presented to the department under this section if
the documents presented appear to satisfy the requirements of this section. The department
has no obligation to investigate the accuracy of statements contained in the documents.
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An affidavit of affixation must be in substantially
the following form and must contain the following information:
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MANUFACTURED HOME AFFIDAVIT OF AFFIXATION IN A COOPERATIVE
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PURSUANT TO MINNESOTA STATUTES, SECTION 168A.1411
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Homeowner, being duly sworn, on his or her oath, states as follows:
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1. Homeowner owns the manufactured home ("home") described as follows:
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New/Used new text end |
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Year new text end |
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Manufacturer's Name new text end |
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Model Name or Model No. new text end |
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Manufacturer's Serial No. new text end |
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Length/Width new text end |
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2. A copy of the surrendered manufacturer's certificate of origin or certificate of title is
attached.
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3. A copy of the notice of surrender issued from the Minnesota Department of Public Safety
Driver and Vehicle Services is attached.
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4. The home is or will be located at the following "Property Address":
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Street or Route
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City
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County
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State
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Zip Code
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5. The legal description of the property address ("land") is as follows or as attached hereto:
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6. The owner of the land is a Minnesota nonprofit corporation or Minnesota cooperative
that owns the land and whose membership entitles the homeowner to occupy a specific
portion of the land.
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7. The home ....... is, or ....... will be promptly upon delivery, anchored to the land by
attachment to a permanent foundation and connected to appropriate residential utilities (e.g.,
water, gas, electricity, sewer).
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8. The homeowner intends that the home be an immovable permanent improvement to the
land, free of any personal property security interest.
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9. A copy of the written statement from the county auditor or county treasurer of the county
in which the manufactured home is then located, stating that all property taxes payable in
the current year (pursuant to Minnesota Statutes, section 273.125, subdivision 8, paragraph
(b)), have been paid, or are not applicable, is attached.
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10. The home is intended to be assessed and taxed as an improvement to the land.
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Signed and sworn to (or affirmed) before me on ....... (date) by ....... (names of homeowner(s))
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Homeowner Signature new text end |
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Address new text end |
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Printed Name new text end |
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City, State new text end |
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Homeowner Signature (if applicable) new text end |
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Printed Name new text end |
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This instrument was drafted by, and when recorded return to:
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Subscribed and sworn to before me this ....... day of ......., .......
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...................................................................... new text end |
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Signature of Notary Public or Other Official new text end |
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Notary Stamp or Seal
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(optional)
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Lender's Statement of Intent:
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The undersigned ("lender") intends that the home be immovable and a permanent
improvement to the land free of any personal property security interest.
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Lender new text end |
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By:
.
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Authorized Signature new text end |
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STATE OF
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)
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) ss:
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COUNTY OF
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)
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On the ....... day of ....... in the year ....... before me, the undersigned, a Notary Public in and
for said state, personally appeared
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personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of
which the individual(s) acted, executed the instrument.
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Notary Signature new text end |
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Notary Printed Name new text end |
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Notary Public, State of
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Qualified in the County of
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My commission expires
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Official seal:
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[only if the owner of the land is a Minnesota nonprofit corporation or cooperative]:
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The undersigned is the .............................. of .................................., a Minnesota [nonprofit
corporation or cooperative], which owns the land described above. I hereby certify that the
homeowner described above is a member of the [nonprofit corporation or cooperative]
whose membership entitles the homeowner to occupy [insert legal description of the
homeowner's lot or, if the corporation or cooperative has filed a scaled drawing as permitted
by Minnesota Statutes, section 168A.1411, subdivision 5, Lot ................. shown on such
scaled drawing].
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Signature block for nonprofit or cooperative new text end |
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Acknowledgment of officer of nonprofit or cooperative new text end |
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The department may not
cancel a certificate of title if, under this chapter, a security interest has been perfected on
the manufactured home. If a security interest has been perfected, the department must notify
the owner that each secured party must release or satisfy the security interest prior to
proceeding with surrender of the manufacturer's certificate of origin or certificate of title to
the department for cancellation. Permanent attachment to real property or the recording of
an affidavit of affixation does not extinguish an otherwise valid security interest in or tax
lien on the manufactured home, unless the requirements of subdivisions 1 to 3, including
the release of any security interest, have been satisfied.
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When a perfected security interest exists, or will
exist, on the manufactured home at the time the manufactured home is affixed to real
property, and the owner has not satisfied the requirements of subdivision 1, the owner of
the manufactured home, or its secured party, may record a notice with the county recorder,
or with the registrar of titles, if the land is registered, stating that the manufactured home
located on the property is encumbered by a perfected security interest and is not an
improvement to real property. The notice must state the name and address of the secured
party as set forth on the certificate of title, the legal description of the real property, and the
name and address of the record fee owner of the real property on which the manufactured
home is affixed. When the security interest is released or satisfied, the secured party must
attach a copy of the release or satisfaction to a notice executed by the secured party containing
the county recorder or registrar of titles document number of the notice of security interest.
The notice of release or satisfaction must be recorded with the county recorder, or registrar
of titles, if the land is registered. Neither the notice described in this subdivision nor the
security interest on the certificate of title is deemed to be an encumbrance on the real
property. The notices provided for in this subdivision need not be acknowledged.
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(a) If the portion of the land occupied by the homeowner has
not been subdivided, the nonprofit or cooperative owner shall have prepared and recorded
against the land a scaled drawing prepared by a licensed professional land surveyor who
shall certify that:
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(1) the scaled drawing accurately depicts all information required by this subdivision;
and
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(2) the work was undertaken by, or reviewed and approved by, the certifying land
surveyor.
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(b) The scaled drawing shall show:
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(1) the dimensions and location of all existing material structural improvements and
roadways;
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(2) the extent of any encroachments by or upon any portion of the land;
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(3) the location and dimensions of all recorded easements within the land burdening any
portion of the land;
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(4) the distance and direction between noncontiguous parcels of real estate;
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(5) the location and dimensions of the front, rear, and side boundaries of each lot that a
member of the cooperative or nonprofit corporation has a right to occupy and that lot's
unique lot number; and
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(6) the legal description of the land.
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A manufactured home may be
made an improvement to real property, and no longer titled as personal property, pursuant
to this section. A manufactured home constitutes an improvement to real property when:
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(1) the manufactured home is to be affixed or is affixed, as defined in section 273.125,
subdivision 8, paragraph (b), to the real property;
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(2) the certificate of title is surrendered and canceled pursuant to subdivision 2, or the
manufacturer's certificate or statement of origin is canceled pursuant to subdivision 3; and
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(3) an affidavit of affixation pursuant to subdivision 5 is recorded with the county recorder
or registrar of titles, as applicable.
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(a) The owner of the manufactured home
may surrender the manufacturer's certificate of title to the commissioner for cancellation.
Upon receipt of the certificate of title, the commissioner must issue notice of cancellation
to the owner of the manufactured home. In the event the certificate of title is lost, stolen,
mutilated, destroyed, or becomes illegible, the owner may submit a written request for
cancellation of the title which includes the serial number of the manufactured home and
states that the certificate of title is lost, stolen, mutilated, destroyed, or has become illegible.
Upon receipt of the request and verification of ownership in Driver and Vehicle Services
Division records, the commissioner must issue notice of cancellation to the owner of the
manufactured home and must not require the owner to deliver the certificate of title or obtain
a duplicate certificate of title. After canceling a certificate of title, the commissioner must
not allow transfer of the title to the manufactured home as personal property. The
commissioner must not require the owner of the manufactured home to deliver the affidavit
of affixation described in subdivision 5 in order for the commissioner to issue notice of
cancellation.
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(b) The commissioner must not cancel a certificate of title if, under this chapter, a security
interest has been perfected on the manufactured home. If a security interest has been
perfected, the commissioner must notify the owner of the manufactured home that each
secured party must release or satisfy the security interest prior to cancellation of the certificate
of title by the commissioner. Affixing the manufactured home to real property or recording
an affidavit of affixation without cancellation of the certificate of title does not extinguish
an otherwise valid security interest in or tax lien on the manufactured home.
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The owner of the
manufactured home may surrender the manufacturer's certificate of origin to the
commissioner for cancellation. Upon delivery of the original certificate of origin, the
commissioner must issue notice of cancellation to the owner of the manufactured home.
The commissioner must not issue a certificate of title for a manufactured home if the
manufacturer's certificate of origin is or has been canceled under this subdivision, except
as provided in section 168A.142. The commissioner must not require the owner of the
manufactured home to deliver the affidavit of affixation described in subdivision 5 in order
for the commissioner to cancel the certificate of origin.
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The commissioner is not liable for any errors, omissions,
misstatements, or other deficiencies or inaccuracies in documents presented to the
commissioner under this section if the documents presented appear to satisfy the requirements
of this section. The commissioner has no obligation to investigate the accuracy of statements
contained in the documents to verify that the manufactured home has been affixed to the
real property.
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An affidavit of affixation must be in substantially the
following form and must contain the following information and attachments described in
the form. The county recorder or registrar of titles, as applicable, must accept any such
affidavit. The county recorder or registrar of titles, as applicable, must provide a copy of
the recorded affidavit of affixation to the county auditor of the county for the real property
described therein or otherwise inform the county auditor that the home is to be taxed as an
improvement to the real property to which it is affixed:
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MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
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PURSUANT TO MINNESOTA STATUTES, SECTION 168A.1412
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............................................... ("Affiant"), being first duly sworn, on oath states, or affirms
under penalties of perjury that:
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1. I am an owner of the manufactured home ("Manufactured Home") described as follows:
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Manufacturer's name:
.
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Make:
.
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Model number:
.
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Model year:
.
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Serial number:
.
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Dimensions:
.
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Other descriptive information (if any):
.
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2. The Manufactured Home is ..... or will be ..... (check one) affixed, in accordance with
Minnesota Statutes, section 273.125, subdivision 8, to real property in
...................................................................... County, Minnesota, with the street address of:
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Street or route:
.
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City:
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State:
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Zip code:
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and legally described as follows ("Land"): new text end |
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................................................................................... new text end |
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Check here if all or part of the described real property is Registered (Torrens) ..... new text end |
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3. A copy of the notice of cancellation issued from the Minnesota Department of Public
Safety Driver and Vehicle Services pursuant to Minnesota Statutes, section 168A.1412,
subdivision 2 or 3, is attached.
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4. The owner(s) of the Manufactured Home is/are the owner(s) of the Land.
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5. The Affiant makes this affidavit to demonstrate that the Manufactured Home is an
improvement to real property, no longer titled as personal property, and free of any personal
property security interest.
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Affiant new text end |
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.
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(Signature) new text end |
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Signed and sworn to (or affirmed) before me this ....... day of ......., .......
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Notary Stamp or Seal
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.
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Signature of notarial officer Title (and Rank): new text end |
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My commission expires: .............. new text end |
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This instrument was drafted by, and when recorded return to new text end |
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.
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When a perfected security interest exists, or will
exist, on the manufactured home at the time the manufactured home is affixed to real
property, and the owner has not satisfied the requirements of subdivision 1, the owner of
the manufactured home, or its secured party, may record a notice with the county recorder,
or with the registrar of titles, if the land is registered, stating that the manufactured home
located on the property is encumbered by a perfected security interest and is not an
improvement to real property. The notice must state the name and address of the secured
party as set forth on the certificate of title, the legal description of the real property, and the
name and address of the record fee owner of the real property on which the manufactured
home is affixed. When the security interest is released or satisfied, the secured party must
attach a copy of the release or satisfaction to a notice executed by the secured party containing
the county recorder or registrar of titles document number of the notice of security interest.
The notice of release or satisfaction must be recorded with the county recorder, or registrar
of titles, if the land is registered. Neither the notice described in this subdivision nor the
security interest on the certificate of title is deemed to be an encumbrance on the real
property. The notices provided for in this subdivision need not be acknowledged.
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Minnesota Statutes 2020, section 273.125, subdivision 8, is amended to read:
(a) In this section, "manufactured
home" means a structure transportable in one or more sections, which is built on a permanent
chassis, and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and contains the plumbing, heating, air conditioning, and
electrical systems in it. Manufactured home includes any accessory structure that is an
addition or supplement to the manufactured home and, when installed, becomes a part of
the manufactured home.
(b) Except as provided in paragraph (c), a manufactured home that meets each of the
following criteria must be valued and assessed as an improvement to real property, the
appropriate real property classification applies, and the valuation is subject to review and
the taxes payable in the manner provided for real property:
(1) the deleted text begin owner of the unit holdsdeleted text end title to the land on which it is situatednew text begin is held by: (i) the
owner of the unit; or (ii) a Minnesota nonprofit corporation or a Minnesota cooperative to
which the owner is a membernew text end ;
(2) the unit is affixed to the land by a permanent foundation or is installed at its location
in accordance with the Manufactured Home Building Code in sections 327.31 to 327.34,
and rules adopted under those sections, or is affixed to the land like other real property in
the taxing district; and
(3) the unit is connected to public utilities, has a well and septic tank system, or is serviced
by water and sewer facilities comparable to other real property in the taxing district.
(c) A manufactured home that meets each of the following criteria must be assessed at
the rate provided by the appropriate real property classification but must be treated as
personal property, and the valuation is subject to review and the taxes payable in the manner
provided in this section:
(1) the owner of the unit is a lessee of the land under the terms of a lease, or the unit is
located in a manufactured home park but is not the homestead of the park owner;
(2) the unit is affixed to the land by a permanent foundation or is installed at its location
in accordance with the Manufactured Home Building Code contained in sections 327.31 to
327.34, and the rules adopted under those sections, or is affixed to the land like other real
property in the taxing district; and
(3) the unit is connected to public utilities, has a well and septic tank system, or is serviced
by water and sewer facilities comparable to other real property in the taxing district.
(d) Sectional structures must be valued and assessed as an improvement to real property
if the owner of the structure holds title to the land on which it is located or is a qualifying
lessee of the land under section 273.19. In this paragraph "sectional structure" means a
building or structural unit that has been in whole or substantial part manufactured or
constructed at an off-site location to be wholly or partially assembled on site alone or with
other units and attached to a permanent foundation.
(e) The commissioner of revenue may adopt rules under the Administrative Procedure
Act to establish additional criteria for the classification of manufactured homes and sectional
structures under this subdivision.
(f) A storage shed, deck, or similar improvement constructed on property that is leased
or rented as a site for a manufactured home, sectional structure, park trailer, or travel trailer
is taxable as provided in this section. In the case of property that is leased or rented as a site
for a travel trailer, a storage shed, deck, or similar improvement on the site that is considered
personal property under this paragraph is taxable only if its total estimated market value is
over $10,000. The property is taxable as personal property to the lessee of the site if it is
not owned by the owner of the site. The property is taxable as real estate if it is owned by
the owner of the site. As a condition of permitting the owner of the manufactured home,
sectional structure, park trailer, or travel trailer to construct improvements on the leased or
rented site, the owner of the site must obtain the permanent home address of the lessee or
user of the site. The site owner must provide the name and address to the assessor upon
request.
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The revisor of statutes must change all cross-references to Minnesota Statutes, section
168A.141, to Minnesota Statutes, section 168A.1412.
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Minnesota Statutes 2020, section 168A.141,
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is repealed.
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Minnesota Statutes 2020, section 462A.37, is amended by adding a subdivision
to read:
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(a) In addition to the amount authorized in
subdivisions 2 to 2g, the agency may issue up to $100,000,000 in housing infrastructure
bonds in one or more series to which the payments under this section may be pledged. Of
this authorization, proceeds from the sale of bonds authorized in this section must be applied
as follows unless modified under paragraph (b):
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(1) $18,333,000 for uses under subdivision 2, paragraph (a), clause (7); and
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(2) $15,000,000 for acquisition of manufactured home parks and for manufactured home
park improvements and infrastructure under subdivision 2, paragraph (a), clause (4).
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(b) The agency must use its best efforts to award grants and loans for the purposes
allocated in paragraph (a), clauses (1) and (2). If the agency has not committed the full
amount of the allocations by January 16, 2024, to the described purposes due to a lack of
qualifying projects, the allocated amount may be applied to other purposes authorized in
subdivision 2.
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This section is effective January 16, 2022.
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Minnesota Statutes 2020, section 462A.37, subdivision 5, is amended to read:
(a) The agency must certify annually to the
commissioner of management and budget the actual amount of annual debt service on each
series of bonds issued under this section.
(b) Each July 15, beginning in 2015 and through 2037, if any housing infrastructure
bonds issued under subdivision 2a remain outstanding, the commissioner of management
and budget must transfer to the housing infrastructure bond account established under section
462A.21, subdivision 33, the amount certified under paragraph (a), not to exceed $6,400,000
annually. The amounts necessary to make the transfers are appropriated from the general
fund to the commissioner of management and budget.
(c) Each July 15, beginning in 2017 and through 2038, if any housing infrastructure
bonds issued under subdivision 2b remain outstanding, the commissioner of management
and budget must transfer to the housing infrastructure bond account established under section
462A.21, subdivision 33, the amount certified under paragraph (a), not to exceed $800,000
annually. The amounts necessary to make the transfers are appropriated from the general
fund to the commissioner of management and budget.
(d) Each July 15, beginning in 2019 and through 2040, if any housing infrastructure
bonds issued under subdivision 2c remain outstanding, the commissioner of management
and budget must transfer to the housing infrastructure bond account established under section
462A.21, subdivision 33, the amount certified under paragraph (a), not to exceed $2,800,000
annually. The amounts necessary to make the transfers are appropriated from the general
fund to the commissioner of management and budget.
(e) Each July 15, beginning in 2020 and through 2041, if any housing infrastructure
bonds issued under subdivision 2d remain outstanding, the commissioner of management
and budget must transfer to the housing infrastructure bond account established under section
462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary
to make the transfers are appropriated from the general fund to the commissioner of
management and budget.
(f) Each July 15, beginning in 2020 and through 2041, if any housing infrastructure
bonds issued under subdivision 2e remain outstanding, the commissioner of management
and budget must transfer to the housing infrastructure bond account established under section
462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary
to make the transfers are appropriated from the general fund to the commissioner of
management and budget.
(g) Each July 15, beginning in 2022 and through 2043, if any housing infrastructure
bonds issued under subdivision 2f remain outstanding, the commissioner of management
and budget must transfer to the housing infrastructure bond account established under section
462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary
to make the transfers are appropriated from the general fund to the commissioner of
management and budget.
(h) Each July 15, beginning in 2022 and through 2043, if any housing infrastructure
bonds issued under subdivision 2g remain outstanding, the commissioner of management
and budget must transfer to the housing infrastructure bond account established under section
462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary
to make the transfers are appropriated from the general fund to the commissioner of
management and budget.
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(i) Each July 15, beginning in 2023 and through 2044, if any housing infrastructure
bonds issued under subdivision 2h remain outstanding, the commissioner of management
and budget must transfer to the housing infrastructure bond account established under section
462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary
to make the transfers are appropriated from the general fund to the commissioner of
management and budget.
new text end
deleted text begin (i)deleted text end new text begin (j) new text end The agency may pledge to the payment of the housing infrastructure bonds the
payments to be made by the state under this section.
Minnesota Statutes 2020, section 474A.21, is amended to read:
Any fees collected by the department under sections 474A.01 to 474A.21 must be
deposited in a separate account in the deleted text begin generaldeleted text end new text begin special revenuenew text end fund. The amount necessary
to refund application deposits is appropriated to the department from the separate account
in the deleted text begin generaldeleted text end new text begin special revenuenew text end fund for that purpose. The interest accruing on application
deposits and any application deposit not refunded as provided under section 474A.061,
subdivision 4 or 7, or 474A.091, subdivision 5, or forfeited as provided under section
474A.131, subdivision 1, paragraph (b), or subdivision 2, must be deposited in the housing
trust fund account under section 462A.201.
new text begin
Notwithstanding Minnesota Statutes, sections 474A.061, subdivisions 1a, paragraph (a),
and 7; and 474A.21, due to the unique circumstances of the COVID-19 pandemic, issuers
that returned all of their allocation of bonding authority from the 2020 housing pool shall
receive a refund of the amount of the application deposit submitted with the issuer's 2020
housing pool application, less any amount previously refunded. Any application deposit
money that has not yet been transferred under Minnesota Statutes, section 474A.21, as of
the date of final enactment that is connected to full returns of bonding authority from the
2020 housing pool is not required to be deposited in the fund under Minnesota Statutes,
section 462A.201; and the department may instead retain that money in the separate account
in the special revenue fund under Minnesota Statutes, section 474A.21. The amount necessary
to refund the application deposits under this section is appropriated to the department from
the separate account in the special revenue fund under Minnesota Statutes, section 474A.21.
For purposes of this section, "department" means the Department of Management and
Budget.
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This section is effective the day following final enactment.
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(a) The housing infrastructure bond authorization in Minnesota Statutes, section 462A.37,
subdivision 2h, is reduced by the amount of new federal funds appropriated and dedicated
for loans and grants for the same purposes authorized in Minnesota Statutes, section 462A.37,
subdivision 2, paragraph (a), or for any specific purpose that falls within one or more of the
purposes authorized in Minnesota Statutes, section 462A.37, subdivision 2, paragraph (a),
enacted by Congress as part of an infrastructure bill or other bill that is not the annual
Transportation Housing and Urban Development appropriations bill between June 1, 2021,
and December 31, 2021. The allocations in Minnesota Statutes, section 462A.37, subdivision
2h, paragraph (a), clauses (1) and (2), are reduced by the amount of federal funds that are
appropriated for and dedicated to the purposes specified in Minnesota Statutes, section
462A.37, subdivision 2h, paragraph (a), clauses (1) and (2).
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(b) The Minnesota Housing Finance Agency must report to the chairs and ranking
minority members of the committees in the senate and the house of representatives with
jurisdiction over housing policy and finance by January 15, 2022, as to the amount that the
authorization and allocations in Minnesota Statutes, section 462A.37, subdivision 2h, are
reduced under this section.
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This section is effective the day following final enactment.
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Notwithstanding Minnesota Statutes, chapter 12, or any other law to the contrary,
Executive Orders 20-14, 20-73, and 20-79 are null and void.
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This section is effective the day following final enactment.
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(a) For purposes of this section, a "COVID-19 emergency rental assistance program"
means an emergency rental assistance program authorized under the federal Consolidated
Appropriations Act, 2021, Public Law 116-260, or the federal American Rescue Plan Act,
2021, Public Law 117-2.
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(b) Notwithstanding any law to the contrary, the following actions are prohibited:
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(1) termination or nonrenewal of residential leases, except:
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(i) at the request of a tenant or where the termination is due to the tenant seriously
endangering the safety of others or significantly damaging property;
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(ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1;
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(iii) for material violations of the lease other than nonpayment of rent; and
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(iv) from and after 45 days after the date of enactment of this act, for those with
outstanding rent who are ineligible for rental assistance through a COVID-19 emergency
rental assistance program;
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(2) filing of eviction actions under Minnesota Statutes, section 504B.285 or 504B.291,
except:
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(i) where the tenant seriously endangers the safety of others or significantly damages
property;
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(ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1;
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(iii) from and after 15 days after the date of enactment of this act, for material violations
of the lease other than nonpayment of rent; and
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(iv) from and after 75 days after the date of enactment of this act, for those with
outstanding rent who are ineligible for rental assistance through a COVID-19 emergency
rental assistance program;
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(3) termination of a residential rental agreement or filing an eviction action under
Minnesota Statutes, section 327C.09, except for terminations or eviction actions under
Minnesota Statutes, section 327C.09, subdivision 3, or under Minnesota Statutes, section
327C.09, subdivision 5, if the case is based on the resident endangering the safety of other
residents or park personnel; and
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(4) delivery of default notices by owners of security interests in manufactured homes
located in Minnesota pursuant to Minnesota Statutes, section 327.64. A secured party is
also prohibited from commencing an action for a court order to remove an occupant from
a manufactured home.
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(c) Notwithstanding paragraph (b), a landlord may file an eviction action or proceed
with an eviction action against a tenant:
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(1) who is eligible for assistance through a COVID-19 emergency rental assistance
program; and
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(2) who refuses to apply for assistance through the program, refuses to provide
information needed by the landlord to apply for assistance on the tenant's behalf, or refuses
to provide the landlord with proof that the tenant applied for assistance through the program.
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(d) Nothing in this section shall:
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(1) prohibit an action where the tenant or occupant abandons the premises and relief is
sought under Minnesota Statutes, section 504B.271 or 504B.365;
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(2) reduce the rent owed by the tenant to the landlord, prevent the landlord from collecting
rent owed, or reduce arrears owed by a tenant for rent; or
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(3) prohibit a tenant who is ineligible for assistance through a COVID-19 emergency
rental assistance program from applying for or obtaining rental assistance through other
programs.
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(e) This section expires 105 days after the date of enactment of this act.
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This section is effective the day following final enactment.
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(a) At least 15 days prior to filing an eviction action against a tenant based on nonpayment
of rent, a landlord must provide a written notice to the tenant with the following information:
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(1) the state eviction moratorium has ended and the tenant may soon be subject to an
eviction action;
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(2) the total amount of rent past due; and
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(3) a tenant should visit renthelpmn.org or call 211 to see if they are eligible for financial
assistance.
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(b) If the court finds that proper notice was not provided, the court may exercise discretion
in staying an eviction proceeding until proper notice is provided.
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(c) Where a landlord has substantially complied with this section, a lack of strict
compliance with this section is not a defense to an action brought under Minnesota Statutes,
chapter 504B, and shall not constitute grounds for dismissal of such an action.
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(d) This section expires 105 days after the date of enactment of this act.
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This section is effective the day following final enactment.
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Notwithstanding any law to the contrary, including section 2, the filing of an eviction
action or proceeding with an eviction action based on nonpayment of rent against a tenant
with a pending application for assistance through an emergency rental assistance program
authorized under the federal Consolidated Appropriations Act, 2021, Public Law 116-260,
or the federal American Rescue Plan Act, 2021, Public Law 117-2, is prohibited. If the
tenant reasonably has access to the information, the tenant must provide the landlord or
court with proof of a pending application and reason for a delay, if any, in processing the
tenant's application. This section expires June 1, 2022.
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This section is effective the day following final enactment.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Director" means the state director of the Minnesota Interagency Council on
Homelessness.
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(c) "Homeless" or "homelessness" means lacking a fixed, regular, and adequate nighttime
residence.
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(d) "Resident" means a person residing in a shelter, including all members of a family
unit.
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(e) "Shelter" means an indoor sleeping and sanitary dwelling, whether in a fixed or
rotating location, intended for individuals and families experiencing homelessness, provided
by a unit of government, a nonprofit organization, or a place of worship.
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A task force on shelter is established to:
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(1) develop standards for the provision of shelter; and
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(2) examine the need for, and the feasibility and cost of, establishing state oversight of
shelter.
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(a) The task force consists of the following 24 members appointed
by the director:
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(1) the commissioner of human services, or a designee;
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(2) the commissioner of corrections, or a designee;
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(3) the commissioner of health, or a designee;
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(4) the commissioner of public safety, or a designee;
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(5) the commissioner of transportation, or a designee;
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(6) the commissioner of veterans affairs, or a designee;
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(7) three public members who have experienced homelessness and resided in a shelter,
at least one of whom has resided in a shelter in greater Minnesota;
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(8) one public member who has experienced homelessness and chose to remain
unsheltered;
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(9) one representative of Street Voices of Change;
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(10) one representative of Freedom from the Streets;
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(11) two representatives from organizations that advocate on behalf of persons with
disabilities;
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(12) one representative from an organization that advocates on behalf of persons
experiencing homelessness;
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(13) one representative from an organization that provides legal services to persons
experiencing homelessness;
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(14) four representatives of organizations representing shelter providers, two of which
must provide shelter in the seven-county metropolitan area, two of which must provide
shelter in greater Minnesota, one of which must also provide shelter to families, and one of
which must also be a victim service provider that is funded to provide shelter to survivors
of domestic violence and sexual assault;
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(15) two representatives from cities, one representing a metropolitan city and the other
representing a city in greater Minnesota; and
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(16) two representatives from counties, one representing a metropolitan county and the
other representing a county in greater Minnesota.
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(b) Appointments must be made no later than August 1, 2021.
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(c) Task force members shall serve without compensation, except for public members.
Members eligible for compensation shall receive expenses as provided in Minnesota Statutes,
section 15.059, subdivision 6.
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(d) Vacancies shall be filled by the director consistent with the qualifications of the
vacating member required by this subdivision.
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(a) The director shall convene the first meeting of the task
force no later than August 15, 2021, and shall provide physical or virtual meeting space as
necessary for the task force to conduct its work.
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(b) At its first meeting, the task force shall elect a chair and vice-chair from among the
task force members and may elect other officers as necessary.
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(c) The task force shall meet at least once every two months.
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(d) Meetings of the task force are subject to Minnesota Statutes, chapter 13D.
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The task force must:
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(1) examine existing shelter policies and practices in shelters of all types, including
shelter in the seven-county metropolitan area, suburbs, and greater Minnesota, and shelter
for single adults, families, and survivors of domestic violence;
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(2) engage stakeholders, which include but are not limited to:
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(i) shelter providers;
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(ii) people who have experienced homelessness and resided in shelter;
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(iii) relevant state and local agencies; and
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(iv) other persons or organizations with expertise in homelessness; and
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(3) make recommendations to the legislature regarding standards that will strengthen
the shelter system and ensure that shelters have the ability and resources to provide safe
and appropriate shelter services to those who need them.
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The Minnesota Housing Finance Agency must provide
administrative support and meeting space for the task force.
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(a) No later than February 1, 2022, the task force shall submit an initial
report to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over housing and preventing homelessness on
its findings and recommendations.
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(b) No later than August 31, 2022, the task force shall submit a final report to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over housing and preventing homelessness on its findings and
recommendations.
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The task force expires the day following submission of the final
report under subdivision 7.
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This section is effective July 1, 2021.
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Repealed Minnesota Statutes: 211-H0004-1
(a) When a manufactured home is to be affixed or is affixed, as defined in section 273.125, subdivision 8, paragraph (b), to real property, the owner of the manufactured home may surrender the manufacturer's certificate of origin or certificate of title to the department for cancellation so that the manufactured home becomes an improvement to real property and is no longer titled as personal property. The department must not issue a certificate of title for a manufactured home under chapter 168A if the manufacturer's certificate of origin is or has been surrendered under this subdivision, except as provided in section 168A.142. Upon surrender of the manufacturer's certificate of origin or the certificate of title, the department must issue notice of surrender to the owner, and upon recording an affidavit of affixation, which the county recorder or registrar of titles, as applicable, must accept, the manufactured home is deemed to be an improvement to real property. An affidavit of affixation by the owner of the manufactured home must include the following information:
(1) the name, residence address, and mailing address of owner or owners of the manufactured home;
(2) the legal description of the real property in which the manufactured home is, or will be, located;
(3) a copy of the surrendered manufacturer's certificate of origin or certificate of title and the notice of surrender;
(4) a written statement from the county auditor or county treasurer of the county where the manufactured home is located stating that all property taxes payable in the current year, as provided under section 273.125, subdivision 8, paragraph (b), have been paid, or are not applicable;
(5) the name and address of the person designated by the applicant to record the original affidavit of affixation with the county recorder or registrar of titles for the county where the real property is located; and
(6) the signature of the person who executes the affidavit, properly executed before a person authorized to authenticate an affidavit in this state.
(b) The person designated in paragraph (a), clause (5), must record, or arrange for the recording of, the affidavit of affixation, accompanied by the fees for recording and for issuing a certified copy of the notice, including all attachments, showing the recording date. Upon obtaining the certified copy of the notice under this paragraph, the person designated in the affidavit must deliver the certified copy to the county auditor of the county in which the real property to which the manufactured home was affixed is located.
(c) The department is not liable for any errors, omissions, misstatements, or other deficiencies or inaccuracies in documents presented to the department under this section, if the documents presented appear to satisfy the requirements of this section. The department has no obligation to investigate the accuracy of statements contained in the documents.
An affidavit of affixation must be in substantially the following form and must contain the following information.
MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
PURSUANT TO MINNESOTA STATUTES, SECTION 168A.141
Homeowner, being duly sworn, on his or her oath, states as follows:
1. Homeowner owns the manufactured home ("home") described as follows:
. | |||||
New/Used | Year | Manufacturer's Name | Model Name or Model No. | Manufacturer's Serial No. | Length/Width |
2. A copy of the surrendered manufacturer's certificate of origin or certificate of title is attached.
3. A copy of the notice of surrender issued from the Minnesota Department of Public Safety Driver and Vehicle Services is attached.
4. The home is or will be located at the following "Property Address":
. | ||||
Street or Route . | City . | County . | State . | Zip Code . |
5. The legal description of the property address ("land") is as follows or as attached hereto:
. |
. |
. |
6. The homeowner is the owner of the land.
7. The home is, or must be promptly upon delivery, anchored to the land by attachment to a permanent foundation and connected to appropriate residential utilities (e.g., water, gas, electricity, sewer).
8. The homeowner intends that the home be an immovable permanent improvement to the land, free of any personal property security interest.
9. A copy of the written statement from the county auditor or county treasurer of the county in which the manufactured home is then located, stating that all property taxes payable in the current year (pursuant to Minnesota Statutes, section 273.125, subdivision 8, paragraph (b)), have been paid, or are not applicable, is attached.
10. The home must be assessed and taxed as an improvement to the land.
11. The name and address of the person designated by the homeowner to record the original affidavit of surrender with the county recorder or registrar of titles of the county in which the real estate is located is:
Name . | ||
Street Address . | ||
City, State, Zip Code . | ||
Phone . | ||
E-mail . |
IN WITNESS WHEREOF, homeowner(s) have executed this affidavit on this ....... day of ......., 20...
. | . |
Homeowner Signature | Address |
. | . |
Printed Name | City, State |
. | |
Homeowner Signature (if applicable) | |
. | |
Printed Name |
This instrument was drafted by, and when recorded return to:
. | |
. | |
. |
Subscribed and sworn to before me this ....... day of ......., .......
...................................................................... | |
Signature of Notary Public or Other Official |
Notary Stamp or Seal
(optional)
Lender's Statement of Intent:
The undersigned ("lender") intends that the home be immovable and a permanent improvement to the land free of any personal property security interest.
. | |
Lender | |
By: . | |
Authorized Signature | |
STATE OF . ) | |
. ) ss: | |
COUNTY OF . ) |
On the ....... day of ....... in the year ....... before me, the undersigned, a Notary Public in and for said state, personally appeared
. |
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument.
. | |
Notary Signature | |
. | |
Notary Printed Name | |
Notary Public, State of . | |
Qualified in the County of . | |
My commission expires . |
Official seal:
The department may not cancel a certificate of title if, under this chapter, a security interest has been perfected on the manufactured home. If a security interest has been perfected, the department must notify the owner that each secured party must release or satisfy the security interest prior to proceeding with surrender of the manufacturer's certificate of origin or certificate of title to the department for cancellation. Permanent attachment to real property or the recording of an affidavit of affixation does not extinguish an otherwise valid security interest in or tax lien on the manufactured home, unless the requirements of section 168A.141, subdivisions 1, 1a, and 2, including the release of any security interest, have been satisfied.
When a perfected security interest exists, or will exist, on the manufactured home at the time the manufactured home is affixed to real property, and the owner has not satisfied the requirements of section 168A.141, subdivision 1, the owner of the manufactured home, or its secured party, may record a notice with the county recorder, or with the registrar of titles, if the land is registered, stating that the manufactured home located on the property is encumbered by a perfected security interest and is not an improvement to real property. The notice must state the name and address of the secured party as set forth on the certificate of title, the legal description of the real property, and the name and address of the record fee owner of the real property on which the manufactured home is affixed. When the security interest is released or satisfied, the secured party must attach a copy of the release or satisfaction to a notice executed by the secured party containing the county recorder or registrar of titles document number of the notice of security interest. The notice of release or satisfaction must be recorded with the county recorder, or registrar of titles, if the land is registered. Neither the notice described in this subdivision nor the security interest on the certificate of title is deemed to be an encumbrance on the real property. The notices provided for in this subdivision need not be acknowledged.