HF 4858

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/09/2022 04:02pm

A bill for an act
relating to civil law; providing for a tenant's right to counsel in eviction proceedings;
proposing coding for new law in Minnesota Statutes, chapter 504B.

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

Section 1.

new text begin [504B.268] RIGHT TO COUNSEL IN EVICTION PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Right to counsel. new text end

new text begin A tenant subject to an eviction action under this chapter
who is financially unable to obtain counsel has the right to counsel appointed by the court.
The complaint required by section 504B.321 shall include the following notice on the first
page of the complaint in bold 12-point type: "If financially unable to obtain counsel, the
tenant has the right to a court-appointed attorney." At the initial hearing, the court shall:
new text end

new text begin (1) ask the tenant if the tenant wants court-appointed counsel;
new text end

new text begin (2) explain what such appointed counsel may accomplish for the tenant; and
new text end

new text begin (3) explain that the counsel shall be appointed at no cost to the tenant.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications. new text end

new text begin Counsel appointed by the court must:
new text end

new text begin (1) have a minimum of two years' experience handling housing evictions;
new text end

new text begin (2) have training and knowledge in handling housing evictions; or
new text end

new text begin (3) be supervised by an attorney who meets the minimum qualifications under clause
(1) or (2).
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin By January 15, 2023, and every year thereafter, the chief judge
of the judicial district, after consultation with housing attorneys, legal aid attorneys, and
members of the private bar in the district, shall establish a compensation rate for attorney
fees and costs associated with representation under subdivision 1. The compensation to be
paid to an attorney for such service rendered to a tenant under this section may not exceed
$5,000, exclusive of reimbursement for expenses reasonably incurred, unless payment in
excess of that limit is certified by the chief judge of the district as necessary to provide fair
compensation for services of an unusual character or duration.
new text end