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HF 917

3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/20/2023 09:38am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to housing; prohibiting discrimination based on participation in public
assistance; prohibiting pet declawing and devocalization; prohibiting certain fees;
requiring certain inspections; providing for certain notice; providing for certain
penalties; providing right to counsel in certain cases; providing for lease covenants
and repairs in residential tenancy; providing for renewal and termination of lease
in certain cases; providing for residential evictions; providing for expungement
of certain eviction cases; amending Minnesota Statutes 2022, sections 363A.09,
subdivisions 1, 2, by adding a subdivision; 363A.21, subdivision 1; 484.014,
subdivisions 2, 3; 504B.135; 504B.161, subdivision 1; 504B.178, subdivision 4;
504B.211, subdivisions 2, 6; 504B.285, subdivision 5; 504B.291, subdivision 1;
504B.321; 504B.331; 504B.335; 504B.345, subdivision 1, by adding a subdivision;
504B.361, subdivision 1; 504B.371, subdivisions 3, 4, 5, 7; 504B.375, subdivision
1; 504B.381, subdivisions 1, 5, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 504B.

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

ARTICLE 1

TENANT'S RIGHT

Section 1.

Minnesota Statutes 2022, section 363A.09, subdivision 1, is amended to read:


Subdivision 1.

Real property interest; action by owner, lessee, and others.

It is an
unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent
of, or other person having the right to sell, rent or lease any real property, or any agent of
any of these:

(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or
group of persons any real property because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance,new text begin participation in or requirements
of a public assistance program,
new text end disability, sexual orientation, or familial status; or

(2) to discriminate against any person or group of persons because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance,new text begin
participation in or requirements of a public assistance program,
new text end disability, sexual orientation,
or familial status in the terms, conditions or privileges of the sale, rental or lease of any real
property or in the furnishing of facilities or services in connection therewith, except that
nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended
to protect the safety of minors in their use of the real property or any facilities or services
furnished in connection therewith; or

(3) in any transaction involving real property, to print, circulate or post or cause to be
printed, circulated, or posted any advertisement or sign, or use any form of application for
the purchase, rental or lease of real property, or make any record or inquiry in connection
with the prospective purchase, rental, or lease of real property which expresses, directly or
indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance,new text begin participation in
or requirements of a public assistance program,
new text end disability, sexual orientation, or familial
status, or any intent to make any such limitation, specification, or discrimination except that
nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as
available to adults-only if the person placing the advertisement reasonably believes that the
provisions of this section prohibiting discrimination because of familial status do not apply
to the dwelling unit.

Sec. 2.

Minnesota Statutes 2022, section 363A.09, subdivision 2, is amended to read:


Subd. 2.

Real property interest; action by brokers, agents, and others.

It is an unfair
discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent
thereof:

(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property
to any person or group of persons or to negotiate for the sale, rental, or lease of any real
property to any person or group of persons because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance,new text begin participation in or
requirements of a public assistance program,
new text end disability, sexual orientation, or familial status
or represent that real property is not available for inspection, sale, rental, or lease when in
fact it is so available, or otherwise deny or withhold any real property or any facilities of
real property to or from any person or group of persons because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance,new text begin participation in
or requirements of a public assistance program,
new text end disability, sexual orientation, or familial
status; or

(2) to discriminate against any person because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance,new text begin participation in or
requirements of a public assistance program,
new text end disability, sexual orientation, or familial status
in the terms, conditions or privileges of the sale, rental or lease of real property or in the
furnishing of facilities or services in connection therewith; or

(3) to print, circulate, or post or cause to be printed, circulated, or posted any
advertisement or sign, or use any form of application for the purchase, rental, or lease of
any real property or make any record or inquiry in connection with the prospective purchase,
rental or lease of any real property, which expresses directly or indirectly, any limitation,
specification or discrimination as to race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance,new text begin participation in or requirements of a public
assistance program,
new text end disability, sexual orientation, or familial status or any intent to make
any such limitation, specification, or discrimination except that nothing in this clause shall
be construed to prohibit the advertisement of a dwelling unit as available to adults-only if
the person placing the advertisement reasonably believes that the provisions of this section
prohibiting discrimination because of familial status do not apply to the dwelling unit.

Sec. 3.

Minnesota Statutes 2022, section 363A.09, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Definition; public assistance program. new text end

new text begin For the purposes of this section,
"public assistance program" means federal, state, or local assistance, including but not
limited to rental assistance, rent supplements, and housing choice vouchers.
new text end

Sec. 4.

Minnesota Statutes 2022, section 363A.21, subdivision 1, is amended to read:


Subdivision 1.

Housing.

new text begin(a) new text endThe provisions of section 363A.09 shall not apply to:

(1) rooms in a temporary or permanent residence home run by a nonprofit organization,
if the discrimination is by sex;

(2) the rental by a resident owner or occupier of a one-family accommodation of a room
or rooms in the accommodation to another person or persons if the discrimination is by sex,
marital status, status with regard to public assistance, new text beginparticipation in or requirements of a
public assistance program,
new text endsexual orientation, or disability. Except as provided elsewhere
in this chapter or other state or federal law, no person or group of persons selling, renting,
or leasing property is required to modify the property in any way, or exercise a higher degree
of care for a person having a disability than for a person who does not have a disability; nor
shall this chapter be construed to relieve any person or persons of any obligations generally
imposed on all persons regardless of any disability in a written lease, rental agreement, or
contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the
terms and conditions, including financial obligations of the lease, agreement, or contract;
or

(3) the rental by a resident owner of a unit in a dwelling containing not more than two
units, if the discrimination is on the basis of sexual orientation.

new text begin (b) The provisions of section 363A.09 that prohibit discrimination on the basis of
participation in or requirements of a public assistance program shall not apply when:
new text end

new text begin (1) renting or leasing a room in a single-family unit;
new text end

new text begin (2) an individual owner of a single dwelling unit does not lease more than one dwelling
unit; or
new text end

new text begin (3) an individual owner of a single dwelling unit is renting that unit and when the owner
is on active military duty.
new text end

Sec. 5.

new text begin [504B.114] PET DECLAWING AND DEVOCALIZATION PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Animal" has the meaning given in section 343.20, subdivision 2.
new text end

new text begin (c) "Application for occupancy" means all phases of the process of applying for the right
to occupy a real property, including but not limited to filling out applications, interviewing,
and submitting references.
new text end

new text begin (d) "Claw" means a hardened keratinized modification of the epidermis or a hardened
keratinized growth that extends from the end of the digits of certain mammals, birds, reptiles,
and amphibians that is commonly referred to as a claw, talon, or nail.
new text end

new text begin (e) "Declawing" means performing, procuring, or arranging for any procedure, such as
an onychectomy, tendonectomy, or phalangectomy, to remove or prevent the normal function
of an animal's claw or claws.
new text end

new text begin (f) "Devocalizing" means performing, procuring, or arranging for any surgical procedure,
such as a vocal cordectomy, to remove an animal's vocal cords or to prevent the normal
function of an animal's vocal cords.
new text end

new text begin Subd. 2. new text end

new text begin Prohibitions. new text end

new text begin A landlord who allows an animal on the premises shall not:
new text end

new text begin (1) advertise the availability of a real property for occupancy in a manner designed to
discourage application for occupancy of that real property because an applicant's animal
has not been declawed or devocalized;
new text end

new text begin (2) refuse to allow the occupancy of a real property, refuse to negotiate the occupancy
of a real property, or otherwise make unavailable or deny to another person the occupancy
of a real property because of that person's refusal to declaw or devocalize an animal; or
new text end

new text begin (3) require a tenant or occupant of real property to declaw or devocalize an animal
allowed on the premises.
new text end

new text begin Any requirement or lease provision that violates this subdivision is void and unenforceable.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin (a) A city attorney, a county attorney, or the attorney general may
bring an action in district court to obtain injunctive relief for a violation of this section and
to enforce the civil penalties provided in this subdivision.
new text end

new text begin (b) In addition to any other penalty allowed by law, a violation of subdivision 2, clause
(1), shall result in a civil penalty of not more than $1,000 per advertisement, to be paid to
the entity that is authorized to bring the action under this section.
new text end

new text begin (c) In addition to any other penalty allowed by law, a violation of subdivision 2, clause
(2) or (3), shall result in a civil penalty of not more than $1,000 per animal, to be paid to
the entity that is authorized to bring the action under this section.
new text end

Sec. 6.

new text begin [504B.120] PROHIBITED FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Disclosure of fees. new text end

new text begin A landlord must disclose all nonoptional fees in the
lease agreement. The sum total of rent and all nonoptional fees must be described as the
Total Monthly Payment and be listed on the first page of the lease. A unit advertised for a
residential tenancy must disclose the nonoptional fees included with the total amount for
rent in any advertisement or posting. For purposes of this subdivision, charges billed to the
tenant including utility charges, related utility fees, and charges under section 504B.215,
are not considered rent or nonoptional fees.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin A landlord who violates this section is liable to the residential tenant
for treble damages and the court may award the tenant reasonable attorney fees.
new text end

Sec. 7.

Minnesota Statutes 2022, section 504B.178, subdivision 4, is amended to read:


Subd. 4.

Damages.

Any landlord who fails to:

(1) provide a written statement within three weeks of termination of the tenancy;

(2) provide a written statement within five days of the date when the tenant leaves the
building or dwelling due to the legal condemnation of the building or dwelling in which the
tenant lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant;
deleted text begin or
deleted text end

(3) transfer or return a deposit as required by subdivision 5deleted text begin,deleted text endnew text begin; or
new text end

new text begin (4) provide the tenant with notice for an initial inspection and move-out inspection as
required by section 504B.182, and complete an initial inspection and move-out inspection
when requested by the tenant,
new text end

after receipt of the tenant's mailing address or delivery instructions, as required in subdivision
3, is liable to the tenant for damages in an amount equal to the portion of the deposit withheld
by the landlord and interest thereon as provided in subdivision 2, as a penalty, in addition
to the portion of the deposit wrongfully withheld by the landlord and interest thereon.

Sec. 8.

new text begin [504B.182] INITIAL AND FINAL INSPECTION REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Initial inspection. new text end

new text begin (a) At the commencement of a residential tenancy, or
within 14 days of a residential tenant occupying a unit, the landlord must notify the tenant
of their option to request an initial inspection of the residential unit for the purposes of
identifying existing deficiencies in the rental unit to avoid deductions for the security deposit
of the tenant at a future date. If the tenant requests an inspection, the landlord and tenant
shall schedule the inspection at a mutually acceptable date and time.
new text end

new text begin (b) In lieu of an initial inspection, when a tenant agrees, a landlord may provide written
acknowledgment to the tenant of photos or videos of a rental unit and agree to the condition
of the rental unit at the start of the tenancy.
new text end

new text begin Subd. 2. new text end

new text begin Move-out inspection. new text end

new text begin Within a reasonable time after notification of either a
landlord or residential tenant's intention to terminate the tenancy, or before the end of the
lease term, the landlord shall notify the tenant in writing of the tenant's option to request an
initial inspection and of the tenant's right to be present at the inspection. At a reasonable
time, but no earlier than five days before the termination or the end of the lease date, or day
the tenant plans to vacate the unit, the landlord, or an agent of the landlord, shall, upon the
request of the tenant, make a move-out inspection of the premises. The purpose of the
move-out inspection shall be to allow the tenant an opportunity to remedy identified
deficiencies, in a manner consistent with the rights and obligations of the parties under the
rental agreement, in order to avoid deductions from the security deposit. If a tenant chooses
not to request an initial inspection, the duties of the landlord under this subdivision are
discharged. If an inspection is requested, the parties shall attempt to schedule the inspection
at a mutually acceptable date and time.
new text end

new text begin Subd. 3. new text end

new text begin Other requirements under law. new text end

new text begin Nothing in this section changes the
requirements or obligations under any other section of law, including but not limited to
sections 504B.178, 504B.185, 504B.195, or 504B.271, 504B.375, and 504B.381.
new text end

new text begin Subd. 4. new text end

new text begin Waiver. new text end

new text begin Except as allowed under subdivisions 1 and 2, when a tenant chooses
not to request an initial or move-out inspection, or alternate inspection under subdivision
1, paragraph (b), any provision, whether oral or written, of any lease or other agreement,
whereby any provision of this section is waived by a tenant, is contrary to public policy and
void.
new text end

Sec. 9.

Minnesota Statutes 2022, section 504B.211, subdivision 2, is amended to read:


Subd. 2.

Entry by landlord.

Except as provided in subdivision 4, a landlord may enter
the premises rented by a residential tenant only for a reasonable business purpose and after
making a good faith effort to give the residential tenant reasonable notice under the
circumstances of new text beginnot less than 24 hours in advance of new text endthe intent to enter. new text beginThe notice must
specify a time or anticipated window of time of entry and the landlord may only enter
between the hours of 8:00 a.m. and 8:00 p.m. unless the landlord and tenant agree to an
earlier or later time.
new text end A residential tenant may not waive and the landlord may not require
the residential tenant to waive the residential tenant's right to prior notice of entry under
this section as a condition of entering into or maintaining the lease.

Sec. 10.

Minnesota Statutes 2022, section 504B.211, subdivision 6, is amended to read:


Subd. 6.

Penalty.

If a landlord deleted text beginsubstantiallydeleted text end violates deleted text beginsubdivision 2deleted text endnew text begin this sectionnew text end, the
residential tenant is entitled to a penalty which may include a rent reduction up to full
rescission of the lease, recovery of any damage deposit less any amount retained under
section 504B.178, and up to a deleted text begin$100deleted text endnew text begin $500new text end civil penalty for each violationdeleted text begin. If a landlord
violates subdivision 5, the residential tenant is entitled to up to a $100 civil penalty for each
violation
deleted text endnew text begin and reasonable attorney feesnew text end. A residential tenant deleted text beginshalldeleted text endnew text begin maynew text end follow the procedures
in sections 504B.381, 504B.385, and 504B.395 to 504B.471 to enforce the provisions of
this section.new text begin A violation of this section by the landlord is a violation of section 504B.161.
new text end

Sec. 11.

new text begin [504B.268] RIGHT TO COUNSEL IN PUBLIC HOUSING; BREACH OF
LEASE EVICTION ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Right to counsel. new text end

new text begin A defendant in public housing subject to an eviction
action under sections 504B.281 to 504B.371 alleging breach of lease under section 504B.171
or 504B.285 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 notice on the
first page of the complaint in bold 12-point type: "If financially unable to obtain counsel,
the defendant has the right to a court-appointed attorney." At the initial hearing, the court
shall ask the defendant if the defendant wants court-appointed counsel and shall explain
what such appointed counsel can accomplish for the defendant.
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 (1) have a minimum of
two years' experience handling public housing evictions; (2) have training in handling public
housing evictions; or (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, 2024, and every year thereafter, the chief judge
of the judicial district, after consultation with public 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 defendant under this subdivision 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

Sec. 12. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 are effective January 1, 2024.
new text end

ARTICLE 2

LEASE COVENANTS AND REPAIRS IN RESIDENTIAL TENANCY

Section 1.

Minnesota Statutes 2022, section 504B.161, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

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

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

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

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

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

new text begin (5) to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit when
the temperature is below 60 degrees Fahrenheit between October 1 through April 30, unless
a utility company requires and instructs the heat to be reduced.
new text end

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

Sec. 2.

Minnesota Statutes 2022, section 504B.375, subdivision 1, is amended to read:


Subdivision 1.

Unlawful exclusion or removal.

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

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

(1) describes the premises and the landlord;

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

(3) asks for possession.

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

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

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

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

Sec. 3.

Minnesota Statutes 2022, section 504B.381, subdivision 1, is amended to read:


Subdivision 1.

Petition.

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

new text begin (1) when a unit of government has revoked a rental license, issued a condemnation order,
issued a notice of intent to condemn, or otherwise deemed the property uninhabitable; or
new text end

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 4.

Minnesota Statutes 2022, section 504B.381, subdivision 5, is amended to read:


Subd. 5.

Relief; service of new text beginpetition andnew text end order.

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

Sec. 5.

Minnesota Statutes 2022, section 504B.381, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Filing fee. new text end

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

Sec. 6. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective January 1, 2024.
new text end

ARTICLE 3

LEASE TERMINATION

Section 1.

Minnesota Statutes 2022, section 504B.135, is amended to read:


504B.135 TERMINATING TENANCY AT WILL.

deleted text begin (a)deleted text end A tenancy at will may be terminated by either party by giving notice in writing. The
time of the notice must be at least as long as the interval between the time rent is due or
three months, whichever is less.

deleted text begin (b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may
terminate the tenancy by giving the tenant 14 days notice to quit in writing.
deleted text end

Sec. 2.

new text begin [504B.144] EARLY RENEWAL OF LEASE; CITIES OF THE FIRST CLASS.
new text end

new text begin In a city of the first class, a landlord must wait until six months from the expiration of
the current lease before requiring a tenant to renew the lease, if the lease is for a period of
time longer than ten months. Nothing prevents a landlord from waiting until closer to the
expiration of a lease to ask a tenant to renew the lease. Any provision, whether oral or
written, of any lease or other agreement whereby any provision of this section is waived by
a tenant is contrary to public policy and void.
new text end

Sec. 3.

new text begin [504B.266] TERMINATION OF LEASE UPON INFIRMITY OF TENANT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Authorized representative" means a person acting as an attorney-in-fact under a
power of attorney under section 523.24 or a court-appointed conservator or guardian under
chapter 524.
new text end

new text begin (c) "Disability" means any condition or characteristic that is a physical, sensory, or
mental impairment that materially limits at least one major life activity.
new text end

new text begin (d) "Medical care facility" means:
new text end

new text begin (1) a nursing home, as defined in section 144A.01, subdivision 5;
new text end

new text begin (2) hospice care, as defined in section 144A.75, subdivision 8;
new text end

new text begin (3) residential hospice facility, as defined in section 144A.75, subdivision 13;
new text end

new text begin (4) boarding care home, as licensed under chapter 144 and regulated by the Department
of Health under Minnesota Rules, chapter 4655;
new text end

new text begin (5) supervised living facility, as licensed under chapter 144;
new text end

new text begin (6) a facility providing assisted living, as defined in section 144G.08, subdivision 7;
new text end

new text begin (7) an accessible unit, as defined in section 363A.40, subdivision 1, paragraph (b);
new text end

new text begin (8) a state facility as defined in section 246.50, subdivision 3;
new text end

new text begin (9) a facility providing a foster care for adults program as defined in section 245A.02,
subdivision 6c; or
new text end

new text begin (10) a facility providing intensive residential treatment services as defined in section
245I.23.
new text end

new text begin (e) "Medical professional" means:
new text end

new text begin (1) a physician who is currently licensed to practice medicine under section 147.02,
subdivision 1;
new text end

new text begin (2) an advanced practice registered nurse, as defined in section 148.171, subdivision 3;
or
new text end

new text begin (3) a mental health professional as defined in section 245I.04, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Termination of lease upon infirmity of tenant. new text end

new text begin (a) A tenant or the authorized
representative of the tenant may terminate the lease prior to the expiration of the lease in
the manner provided in subdivision 3 if the tenant has or, if there is more than one tenant,
all the tenants have, been found by a medical professional to need to move into a medical
care facility and:
new text end

new text begin (1) require assistance with instrumental activities of daily living or personal activities
of daily living due to medical reasons or a disability;
new text end

new text begin (2) meet one of the nursing facility level of care criteria under section 144.0724,
subdivision 11; or
new text end

new text begin (3) have a disability or functional impairment in three or more of the areas listed in
section 245.462, subdivision 11a, so that self-sufficiency is markedly reduced because of
a mental illness.
new text end

new text begin (b) When a tenant requires an accessible unit as defined in section 363A.40, subdivision
1, and the landlord can provide an accessible unit in the same complex where the tenant
currently resides that is available within two months of the request, then the provisions of
this section do not apply and the tenant may not terminate the lease.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin When the conditions in subdivision 2 have been met, the tenant or the
tenant's authorized representative may terminate the lease by providing at least two months'
written notice to be effective on the last day of a calendar month. The notice must be either
hand-delivered or mailed by postage prepaid, first class United States mail. The notice must
include: (1) a copy of the medical professional's written documentation of the infirmity;
and (2) documentation showing that the tenant has been accepted as a resident or has a
pending application at a location where the medical professional has indicated that the tenant
needs to move. The termination of a lease under this section shall not relieve the eligible
tenant from liability either for the payment of rent or other sums owed prior to or during
the notice period, or for the payment of amounts necessary to restore the premises to their
condition at the commencement of the tenancy, ordinary wear and tear excepted.
new text end

new text begin Subd. 4. new text end

new text begin Waiver prohibited. new text end

new text begin Any waiver of the rights of termination provided by this
section, including lease provisions or other agreements that require a longer notice period
than those provided for in this section, shall be void and unenforceable.
new text end

new text begin Subd. 5. new text end

new text begin Other laws. new text end

new text begin Nothing in this section affects the rights or remedies available in
this chapter or other law, including but not limited to chapter 363A.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to leases
entered into or renewed on or after January 1, 2024. For the purposes of this section, estates
at will shall be deemed to be renewed at the commencement of each rental period.
new text end

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective January 1, 2024.
new text end

ARTICLE 4

RESIDENTIAL EVICTIONS

Section 1.

Minnesota Statutes 2022, section 504B.285, subdivision 5, is amended to read:


Subd. 5.

Combining allegations.

(a) An action for recovery of the premises may combine
the allegation of nonpayment of rent and the allegation of material violation of the lease,
which shall be heard as alternative grounds.

deleted text begin (b) In cases where rent is outstanding, a tenant is not required to pay into court the
amount of rent in arrears, interest, and costs as required under section 504B.291 to defend
against an allegation by the landlord that the tenant has committed a material violation of
the lease.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end If the landlord does not prevail in proving material violation of the lease, and the
landlord has also alleged that rent is due, the tenant shall be permitted to present defenses
to the court that the rent is not owing. The tenant shall be given up to seven days of additional
time to pay any rent determined by the court to be due. deleted text beginThe court may order the tenant to
pay rent and any costs determined to be due directly to the landlord or to be deposited with
the court.
deleted text end

Sec. 2.

Minnesota Statutes 2022, section 504B.291, subdivision 1, is amended to read:


Subdivision 1.

Action to recover.

(a) A landlord may bring an eviction action for
nonpayment of rent irrespective of whether the lease contains a right of reentry clause. Such
an eviction action is equivalent to a demand for the rent. There is a rebuttable presumption
that the rent has been paid if the tenant produces a copy or copies of one or more money
orders or produces one or more original receipt stubs evidencing the purchase of a money
order, if the documents: (i) total the amount of the rent; (ii) include a date or dates
approximately corresponding with the date rent was due; and (iii) in the case of copies of
money orders, are made payable to the landlord. This presumption is rebutted if the landlord
produces a business record that shows that the tenant has not paid the rent. The landlord is
not precluded from introducing other evidence that rebuts this presumption. In such an
action, unless the landlord has also sought to evict the tenant by alleging a material violation
of the lease under section 504B.285, subdivision 5, the tenant may, at any time before
possession has been delivered, redeem the tenancy and be restored to possession by paying
to the landlord or bringing to court the amount of the rent that is in arrears, with interest,
costs of the action, and an attorney's fee not to exceed $5, and by performing any other
covenants of the lease.new text begin Redemption may be made with a written guarantee from a federal
agency, state agency, or local unit of government, or any other organization that qualifies
for tax-exempt status under United States Code, title 26, section 501(c)(3).
new text end

(b) If the tenant has paid to the landlord or brought into court the amount of rent in
arrears but is unable to pay the interest, costs of the action, and attorney's fees required by
paragraph (a), the court may permit the tenant to pay these amounts into court and be restored
to possession within the same period of time, if any, for which the court stays the issuance
of the order to vacate under section 504B.345.

(c) Prior to or after commencement of an action to recover possession for nonpayment
of rent, the parties may agree only in writing that partial payment of rent in arrears which
is accepted by the landlord prior to issuance of the order granting restitution of the premises
pursuant to section 504B.345 may be applied to the balance due and does not waive the
landlord's action to recover possession of the premises for nonpayment of rent.

(d) Rental payments under this subdivision must first be applied to rent claimed as due
in the complaint from prior rental periods before applying any payment toward rent claimed
in the complaint for the current rental period, unless the court finds that under the
circumstances the claim for rent from prior rental periods has been waived.

Sec. 3.

Minnesota Statutes 2022, section 504B.321, is amended to read:


504B.321 COMPLAINT AND SUMMONS.

Subdivision 1.

Procedure.

(a) To bring an eviction action, the person complaining shall
file a complaint with the court, stating the full name and date of birth of the person against
whom the complaint is made, unless it is not known, describing the premises of which
possession is claimed, stating the facts which authorize the recovery of possession, and
asking for recovery thereof.

(b) The lack of the full name and date of birth of the person against whom the complaint
is made does not deprive the court of jurisdiction or make the complaint invalid.

deleted text begin (c) The court shall issue a summons, commanding the person against whom the complaint
is made to appear before the court on a day and at a place stated in the summons.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end The appearance shall be not less than seven nor more than 14 days from the day
of issuing the summons, except as provided by subdivision 2.

new text begin (d) If applicable, the person filing a complaint must attach a copy of the written notice
described in subdivision 1a. The court shall dismiss an action without prejudice for failure
to provide a notice as described in subdivision 1a and grant an expungement of the eviction
case court file.
new text end

deleted text begin (e) A copy of the complaint shall be attached to the summons, which shall state that the
copy is attached and that the original has been filed.
deleted text end

new text begin Subd. 1a. new text end

new text begin Written notice. new text end

new text begin (a) Before bringing an eviction action alleging nonpayment
of rent or other unpaid financial obligation in violation of the lease, a landlord must provide
written notice to the residential tenant specifying the basis for future eviction action. The
notice must include:
new text end

new text begin (1) the total amount due;
new text end

new text begin (2) a specific accounting of the amount of the total due from unpaid rent, late fees, and
other charges under the lease;
new text end

new text begin (3) the name and address of the person authorized to receive rent and fees on behalf of
the landlord;
new text end

new text begin (4) the following statement: "You have the right to seek legal help. If you can't afford
a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org
to know your rights and find your local Legal Aid office.";
new text end

new text begin (5) the following statement: "To apply for financial help, contact your local county or
Tribal social services office, apply online at MNBenefits.mn.gov or call the United Way
toll-free information line by dialing 2-1-1 or 800-543-7709"; and
new text end

new text begin (6) the following statement: "Your landlord can file an eviction case if you do not pay
the total amount due or move out within 14 days from the date of this notice.
new text end

new text begin (b) The landlord or an agent of the landlord must deliver the notice personally or by first
class mail to the residential tenant at the address of the leased premises.
new text end

new text begin (c) Only if the residential tenant fails to correct the rent delinquency within 14 days of
the delivery or mailing of the notice, or fails to vacate, may the landlord bring an eviction
action under subdivision 1 based on nonpayment of rent.
new text end

new text begin Subd. 1b. new text end

new text begin Notice constitutes verification of emergency. new text end

new text begin (a) Receipt of the notice under
subdivision 1a shall be deemed by a county or other agency requiring verification of
emergency to qualify a tenant for assistance to be sufficient demonstration of an emergency
situation under section 256D.06, subdivision 2, and Minnesota Rules, chapter 9500. For
purposes of chapter 256J and Minnesota Rules, chapter 9500, a county agency verifies an
emergency situation by receiving and reviewing a notice under this section.
new text end

new text begin (b) When it receives a copy of the notice required by this section, the county must not:
new text end

new text begin (1) require a tenant to provide additional verification of the emergency; or
new text end

new text begin (2) require additional verification that the landlord will accept the funds demanded in
the notice required by this section to resolve the emergency.
new text end

Subd. 2.

Expedited procedure.

(a) In an eviction action brought under section 504B.171
or on the basis that the deleted text begintenant is causing a nuisance or other illegal behavior that seriously
endangers the safety of other residents, their property, or the landlord's property
deleted text endnew text begin residential
tenant has engaged in illegal behavior that seriously endangers the safety of other residents,
or has destroyed or maliciously and seriously damaged the property of the landlord or a
tenant
new text end, the person filing the complaint shall file an affidavit stating specific facts and instances
in support of why an expedited hearing is required.

(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled
for an expedited hearing only if sufficient supporting facts are stated and they meet the
requirements of this paragraph.

(c) The appearance in an expedited hearing shall be not less than five days nor more
than seven days from the date the summons is issued. The summons, in an expedited hearing,
shall be served upon the new text beginresidential new text endtenant within 24 hours of issuance unless the court
orders otherwise for good cause shown.

(d) If the court determines that the person seeking an expedited hearing did so without
sufficient basis under the requirements of this subdivision, the court shall impose a civil
penalty of up to $500 for abuse of the expedited hearing process.

new text begin (e) The court may only consider allegations under section 504B.171 during an expedited
hearing. The court may not consolidate claims heard under the expedited procedure with
any additional claims, including but not limited to breach of lease, holding over under section
504B.285, or nonpayment of rent under section 504B.291.
new text end

new text begin Subd. 3. new text end

new text begin Contents of complaint. new text end

new text begin The person bringing a complaint under this section
must:
new text end

new text begin (1) attach the current written lease, if any, or most recent written lease in existence, and
any relevant lease addenda;
new text end

new text begin (2) if alleging nonpayment of rent, attach a detailed ledger or accounting of the amount
owed at the time of filing;
new text end

new text begin (3) if alleging a breach of lease, identify the clause of the lease which is the basis of the
allegation, the nature of the conduct constituting the alleged breach of lease, the dates on
which the alleged conduct took place, and the clause granting the right to evict based on
the alleged conduct;
new text end

new text begin (4) if alleging a violation of section 504B.171, specify the nature of the conduct
constituting the alleged violation and the dates on which the alleged conduct took place;
new text end

new text begin (5) if alleging a violation of section 504B.285, subdivision 1, attach a copy of any notice
to vacate or notice to quit; and
new text end

new text begin (6) state in the complaint whether the tenancy is affected by a federal or state housing
subsidy program through project-based federal assistance payments; the Section 8 program,
as defined in section 469.002, subdivision 24; the low-income housing tax credit program;
or any other similar program, and include the name of the agency that administers the
housing subsidy program.
new text end

new text begin Subd. 4. new text end

new text begin Summons. new text end

new text begin The court shall issue a summons, commanding the person against
whom the complaint is made to appear before the court on the day and at the place stated
in the summons. A copy of the complaint must be attached to the summons. The summons
must include, at a minimum:
new text end

new text begin (1) the full name of the person against whom the complaint is brought;
new text end

new text begin (2) the date, time, and location of the hearing;
new text end

new text begin (3) information about the methods for participating in the court appearance, including,
if applicable, information for appearing by telephone or computer and contact information
for the court regarding remote participation;
new text end

new text begin (4) the following statement: "You have the right to seek legal help or request a reasonable
accommodation from the court for your hearing. Contact the court as soon as possible if
you need an accommodation. If you can't afford a lawyer, free legal help may be available.
Contact Legal Aid or visit www.LawHelpMN.org to know your rights and find your local
Legal Aid office.";
new text end

new text begin (5) the following statement: "To apply for financial help, contact your local county or
Tribal social services office, apply online at MNBenefits.mn.gov, or call the United Way
toll-free information line by dialing 2-1-1 or 800-543-7709"; and
new text end

new text begin (6) notification that a copy of the complaint is attached and has been filed with the court.
new text end

new text begin Subd. 5. new text end

new text begin Defective filing or service. new text end

new text begin The court must dismiss and expunge the record of
any action if the person bringing the action fails to comply with this section.
new text end

Sec. 4.

Minnesota Statutes 2022, section 504B.331, is amended to read:


504B.331 SUMMONS; HOW SERVED.

(a) The summonsnew text begin and complaintnew text end must be served at least seven days before the date of
the court appearance specified in section 504B.321, in the manner provided for service of
a summons in a civil action in district court. deleted text beginIt may be served by any person not named a
party to the action.
deleted text end

(b) If the defendant cannot be found in the county, the summons new text beginand complaint new text endmay be
served at least seven days before the date of the court appearance by:

(1) leaving a copy at the defendant's last usual place of abode with a person of suitable
age and discretion residing there; or

(2) if the defendant had no place of abode, by leaving a copy at the property described
in the complaint with a person of suitable age and discretion occupying the premises.

(c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant
cannot be found in the county.

(d) Where the defendant cannot be found in the county, service of the summonsnew text begin and
complaint
new text end may be made upon the defendant by posting the summons in a conspicuous place
on the property for not less than one week if:

(1) the property described in the complaint is:

(i) nonresidential and no person actually occupies the property; or

(ii) residential and service has been attempted at least twice on different days, with at
least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m.;
and

(2) the plaintiff or the plaintiff's attorney has signed and filed with the court an affidavit
stating that:

(i) the defendant cannot be found, or that the plaintiff or the plaintiff's attorney believes
that the defendant is not in the state; deleted text beginand
deleted text end

(ii) a copy of the summons has been mailed to the defendant at the defendant's last known
address if any is known to the plaintiffdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (iii) the plaintiff or plaintiff's attorney has communicated to the defendant that an eviction
hearing has been scheduled, including the date, time, and place of the hearing specified in
the summons, by all forms of written communication the plaintiff regularly uses to
communicate with the defendant that have a date and time stamp.
new text end

(e) If the defendant or the defendant's attorney does not appear in court on the date of
the appearance, the trial shall proceed.

Sec. 5.

Minnesota Statutes 2022, section 504B.335, is amended to read:


504B.335 ANSWER; TRIAL.

(a) At the court appearance specified in the summons, the defendant may answer the
complaint, and the court shall hear and decide the action, unless it grants a continuance of
the trial as provided in section 504B.341.

(b) Either party may demand a trial by jury.

(c) The proceedings in the action are the same as in other civil actions, except as provided
in sections 504B.281 to 504B.371.

(d) The court, in scheduling appearances and hearings under this section, shall give
priority to any eviction brought under section 504B.171, or on the basis that the deleted text begindefendant
is a tenant and is causing a nuisance or seriously endangers the safety of other residents,
their property, or the landlord's property
deleted text endnew text begin residential tenant has engaged in illegal behavior
that seriously endangers the safety of other residents, or has destroyed or maliciously and
seriously damaged the property of the landlord or a tenant
new text end.

new text begin (e) The court may not require the defendant to pay any amount of money into court, post
a bond, make a payment directly to a landlord, or by any other means post security for any
purpose prior to final disposition of an action, except for appeals as provided in section
504B.371.
new text end

Sec. 6.

Minnesota Statutes 2022, section 504B.345, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.

(b) The court shall give priority in issuing a writ of recovery of premises and order to
vacate for an eviction action brought under section 504B.171 or on the basis that the tenant
is causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property.

(c) If the court or jury finds for the defendantnew text begin, then the courtnew text end:

(1) deleted text beginthe courtdeleted text end shall enter judgment for the defendant, tax the costs against the plaintiff,
and issue execution in favor of the defendant; and

(2) deleted text beginthe court maydeleted text endnew text begin shallnew text end expunge the records relating to the action under the provisions
of section 484.014 or under the court's inherent authority at the time judgment is entered
or after that time upon motion of the defendant.

(d) Except in actions brought: (1) under section 504B.291 deleted text beginas required by section
609.5317, subdivision 1
deleted text end; (2) under section 504B.171; or (3) on the basis that the new text beginresidential
new text end tenant deleted text beginis causing a nuisance or seriously endangers the safety of other residents, their
property, or the landlord's property, upon a showing by the defendant that immediate
restitution of the premises would work a substantial hardship upon the defendant or the
defendant's family,
deleted text endnew text begin has engaged in illegal behavior that seriously endangers the safety of
other residents, or has destroyed or maliciously and seriously damaged the property of the
landlord or a tenant,
new text end the court shall stay the writ of recovery of premises and order to vacate
for a reasonable period, not to exceed seven days.

Sec. 7.

Minnesota Statutes 2022, section 504B.345, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Motion to vacate judgment. new text end

new text begin Any party may bring a motion to vacate a judgment
in an eviction action. An order denying a motion to vacate a judgment is considered a
judgment for purposes of appeal under section 504B.371.
new text end

Sec. 8.

Minnesota Statutes 2022, section 504B.361, subdivision 1, is amended to read:


Subdivision 1.

Summons and writ.

The state court administrator shall develop a uniform
form for the summons and writ of recovery of premises and order to vacate.new text begin The summons
shall conform to the requirements enumerated under section 504B.321, subdivision 3. The
writ for recovery of premises and order to vacate must include:
new text end

new text begin (1) the following statement: "You have the right to seek legal help. If you can't afford
a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org
to know your rights and find your local Legal Aid office."; and
new text end

new text begin (2) the following statement: "To apply for financial help, contact your local county or
Tribal social services office, apply online at MNBenefits.mn.gov, or call the United Way
toll-free information line by dialing 2-1-1 or 800-543-7709."
new text end

Sec. 9.

Minnesota Statutes 2022, section 504B.371, subdivision 3, is amended to read:


Subd. 3.

Appeal bond.

If the party appealing remains in possession of the property, that
party must give a bond that provides that:

(1) all costs of the appeal will be paid;

(2) the party will comply with the court's order; and

(3) deleted text beginalldeleted text endnew text begin the regularnew text end rent deleted text beginand other damagesdeleted text end due to the party excluded from possession
during the pendency of the appeal will be paidnew text begin as that rent accrues. The court may not require
a bond including back rent, late fees, disputed charges, or any other amount in excess of
the regular rent as it accrues each month
new text end.

Sec. 10.

Minnesota Statutes 2022, section 504B.371, subdivision 4, is amended to read:


Subd. 4.

Stay pending appeal.

After the appeal is taken, all further proceedings in the
case are stayeddeleted text begin, except as provided in subdivision 7deleted text end.

Sec. 11.

Minnesota Statutes 2022, section 504B.371, subdivision 5, is amended to read:


Subd. 5.

Stay of writ issued before appeal.

(a) deleted text beginExcept as provided in subdivision 7,deleted text end If
the court issues a writ for recovery of premises and order to vacate before an appeal is taken,
the appealing party may request that the court stay further proceedings and execution of the
writ for possession of premises and order to vacate, and the court shall grant a stay.

(b) If the party appealing remains in possession of the premises, that party must give a
bond under subdivision 3.

(c) When the officer who has the writ for possession of premises and order to vacate is
served with the order granting the stay, the officer shall cease all further proceedings. If the
writ for possession of premises and order to vacate has not been completely executed, the
defendant shall remain in possession of the premises until the appeal is decided.

Sec. 12.

Minnesota Statutes 2022, section 504B.371, subdivision 7, is amended to read:


Subd. 7.

Exception.

Subdivisions 1, 4, and 6 do not apply in an action deleted text beginon a lease, against
a tenant holding over after the expiration of the term of the lease, or a termination of the
lease by a notice to quit,
deleted text endnew text begin where the plaintiff has prevailed on a claim pursuant to section
504B.171, subdivision 2,
new text end if the plaintiff gives a bond conditioned to pay all costs and damages
if on the appeal the judgment of restitution is reversed and a new trial ordered. In such a
case, the court shall issue a writ for recovery of premises and order to vacate notwithstanding
the notice of appeal, as if no appeal had been taken, and the appellate court shall issue all
needful writs and processes to carry out any judgment which may be rendered in the court.

Sec. 13. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 12 are effective January 1, 2024, and apply to actions filed on or after that
date.
new text end

ARTICLE 5

EVICTION RECORDS

Section 1.

Minnesota Statutes 2022, section 484.014, subdivision 2, is amended to read:


Subd. 2.

Discretionary expungement.

The court may order expungement of an eviction
case court file deleted text beginonly upon motion of a defendant and decision by the court, if the court finds
that the plaintiff's case is sufficiently without basis in fact or law, which may include lack
of jurisdiction over the case, that
deleted text endnew text begin if the court finds thenew text end expungement is clearly in the interests
of justice and those interests are not outweighed by the public's interest in knowing about
the record.

Sec. 2.

Minnesota Statutes 2022, section 484.014, subdivision 3, is amended to read:


Subd. 3.

Mandatory expungement.

new text beginExcept for clause (6), new text endthe court shall new text beginsua sponte
new text end order expungement of an eviction casenew text begin:
new text end

new text begin (1)new text end commenced solely on the grounds provided in section 504B.285, subdivision 1,
clause (1), if the court finds that the defendant occupied real property that was subject to
contract for deed cancellation or mortgage foreclosure and:

deleted text begin (1)deleted text endnew text begin (i)new text end the time for contract cancellation or foreclosure redemption has expired and the
defendant vacated the property prior to commencement of the eviction action; or

deleted text begin (2)deleted text endnew text begin (ii)new text end the defendant was a tenant during the contract cancellation or foreclosure
redemption period and did not receive a notice under section 504B.285, subdivision 1a, 1b,
or 1c
, to vacate on a date prior to commencement of the eviction casedeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) if the defendant prevailed on the merits;
new text end

new text begin (3) if the court dismissed the plaintiff's complaint for any reason;
new text end

new text begin (4) if the parties to the action have agreed to an expungement;
new text end

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

new text begin (6) upon motion of a defendant, if the case is settled and the defendant fulfills the terms
of the settlement.
new text end

Sec. 3.

Minnesota Statutes 2022, section 504B.321, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Nonpublic record. new text end

new text begin An eviction action is not accessible to the public until the
court enters a final judgment.
new text end

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective January 1, 2024.
new text end