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Minnesota Legislature

Office of the Revisor of Statutes

HF 166

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to landlord and tenant; providing for uniform residential tenant reports;
amending Minnesota Statutes 2006, section 504B.173, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 504B.

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

Section 1.

Minnesota Statutes 2006, section 504B.173, subdivision 1, is amended to
read:


Subdivision 1.

Limit on number of applicant screening fees.

A landlord or the
landlord's agent may not charge an applicant a screening fee when the landlord knows or
should have known that no rental unit is available at that time or will be available within a
reasonable future time.new text begin A landlord may not charge an applicant a screening fee unless the
landlord uses a uniform residential tenant report under section 504B.243.
new text end

Sec. 2.

new text begin [504B.243] UNIFORM RESIDENTIAL TENANT REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin If a landlord requires, as a condition of tenancy, that a
residential tenant report be completed and charges an applicant a screening fee in order
to complete the report, the landlord is required to use a uniform residential tenant report
under this section. Upon completion of the uniform residential tenant report, the landlord
must furnish a certified copy of the report to the applicant, regardless of whether the
applicant is accepted as a tenant by the landlord or not.
new text end

new text begin Subd. 2. new text end

new text begin Form; cost. new text end

new text begin The attorney general shall develop a uniform residential tenant
report for use by residential tenant screening services and landlords. In adopting the form
under this subdivision, the attorney general is exempt from the requirements of chapter 14.
The applicant screening fee for a uniform residential tenant report may not exceed $50.
new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin A uniform residential tenant report is valid for a period of 60
days from the date of application and must be accepted by any landlord that requires an
applicant screening fee in order to conduct a residential tenant report. A prospective
residential tenant who has provided a certified copy of a valid uniform residential tenant
report to a landlord may not be charged a fee, other than the refundable update fee
provided in subdivision 4, by the landlord in order to apply for tenancy.
new text end

new text begin Subd. 4. new text end

new text begin Refundable update fee. new text end

new text begin A landlord may charge a fee, not to exceed $30,
to cover the actual cost of obtaining an update of a uniform residential tenant report. If
the updated information does not include any material negative changes with respect to
criteria used by the landlord for screening purposes, the update fee must be refunded to
the applicant.
new text end