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SF 969

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 08/18/2021 10:46am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to state government; establishing a budget for the Minnesota Housing
Finance Agency; modifying various housing policy provisions; providing for an
eviction moratorium phaseout; requiring a report; appropriating money; amending
Minnesota Statutes 2020, sections 12A.09, subdivision 3; 273.11, subdivision 12;
273.125, subdivision 8; 326B.106, subdivision 7; 462.352, subdivision 5; 462A.05,
subdivisions 14, 14a; 462A.07, subdivision 2; 462A.204, subdivision 3; 462A.24;
462A.30, subdivision 9; 462A.37, subdivisions 1, 2; 462A.38, subdivision 1;
462A.39, subdivisions 1, 2, 4, 5; 471.9996, subdivision 1; 474A.061, subdivision
2a; 474A.091, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapters 12; 168A; 462; 462A; repealing Minnesota Statutes 2020, sections
168A.141; 471.9996, subdivision 2.

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

ARTICLE 1

HOUSING APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin 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.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2022
new text end
new text begin 2023
new text end

Sec. 2. new text beginHOUSING FINANCE AGENCY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 57,798,000
new text end
new text begin $
new text end
new text begin 57,798,000
new text end

new text begin (a) The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Challenge Program
new text end

new text begin 11,925,000
new text end
new text begin 11,925,000
new text end

new text begin This appropriation is for the economic
development and housing challenge program
under Minnesota Statutes, section 462A.33.
new text end

new text begin Subd. 3. new text end

new text begin Workforce Housing Development
new text end

new text begin 2,000,000
new text end
new text begin 2,000,000
new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Manufactured Home Park
Infrastructure Grants
new text end

new text begin 1,750,000
new text end
new text begin 1,750,000
new text end

new text begin This appropriation is for manufactured home
park infrastructure grants under Minnesota
Statutes, section 462A.2035, subdivision 1b.
new text end

new text begin Subd. 5. new text end

new text begin Workforce Homeownership Program
new text end

new text begin 1,850,000
new text end
new text begin 1,850,000
new text end

new text begin This appropriation is for the workforce
homeownership program under Minnesota
Statutes, section 462A.38.
new text end

new text begin Subd. 6. new text end

new text begin Housing Trust Fund
new text end

new text begin 11,646,000
new text end
new text begin 11,646,000
new text end

new text begin 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.
new text end

new text begin Subd. 7. new text end

new text begin Homework Starts with Home
new text end

new text begin 1,750,000
new text end
new text begin 1,750,000
new text end

new text begin 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.
new text end

new text begin Subd. 8. new text end

new text begin Rental Assistance for Mentally Ill
new text end

new text begin 4,338,000
new text end
new text begin 4,338,000
new text end

new text begin 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.
new text end

new text begin Subd. 9. new text end

new text begin Family Homeless Prevention
new text end

new text begin 10,269,000
new text end
new text begin 10,269,000
new text end

new text begin This appropriation is for the family homeless
prevention and assistance programs under
Minnesota Statutes, section 462A.204.
new text end

new text begin Subd. 10. new text end

new text begin Home Ownership Assistance Fund
new text end

new text begin 885,000
new text end
new text begin 885,000
new text end

new text begin 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.
new text end

new text begin Subd. 11. new text end

new text begin Affordable Rental Investment Fund
new text end

new text begin 4,218,000
new text end
new text begin 4,218,000
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 12. new text end

new text begin Owner-Occupied Housing
Rehabilitation
new text end

new text begin 2,772,000
new text end
new text begin 2,772,000
new text end

new text begin (a) This appropriation is for the rehabilitation
of owner-occupied housing under Minnesota
Statutes, section 462A.05, subdivisions 14 and
14a.
new text end

new text begin (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.
new text end

new text begin Subd. 13. new text end

new text begin Rental Housing Rehabilitation
new text end

new text begin 2,743,000
new text end
new text begin 2,743,000
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 14. new text end

new text begin Homeownership Education,
Counseling, and Training
new text end

new text begin 1,007,000
new text end
new text begin 1,007,000
new text end

new text begin (a) This appropriation is for the
homeownership education, counseling, and
training program under Minnesota Statutes,
section 462A.209.
new text end

new text begin (b) Of this amount, at least $500,000 each year
is for grant awards for applicants that will
prioritize reducing the housing disparity gap
in the homeownership rate between white
households and Indigenous American Indians
and communities of color. The commissioner
may waive the statewide selection criteria
under Minnesota Statutes, section 462A.209,
subdivision 5, clause (1), in awarding grants
under this paragraph.
new text end

new text begin Subd. 15. new text end

new text begin Capacity-Building Grants
new text end

new text begin 645,000
new text end
new text begin 645,000
new text end

new text begin 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 $85,000 in fiscal year
2022 and $85,000 in fiscal year 2023 are for
Open Access Connections.
new text end

new text begin Subd. 16. new text end

new text begin Availability and Transfer of Funds
new text end

new text begin (a) When allowed under federal law, the
commissioner shall first use federal
COVID-19-related relief funds for
homelessness and support services before
using state-appropriated money under
subdivisions 6, 7, and 9 for similar services
and expenses.
new text end

new text begin (b) When allowed under federal law, the
commissioner shall first use federal
COVID-19-related relief funds for housing
counseling before using state-appropriated
money under subdivision 14 for similar
services and expenses.
new text end

new text begin (c) When allowed under federal law, the
commissioner shall first use federal emergency
rental assistance funds for persons or grant
recipients that would otherwise qualify for
rental assistance under subdivisions 6 to 9.
new text end

new text begin (d) By August 1, 2022, the commissioner shall
transfer any unused amount from the fiscal
year 2022 appropriations in subdivisions 6 to
9, and 14 due to the first use of federal funds
under paragraphs (a) to (c) to the workforce
homeownership program under subdivision
5. By September 30, 2022, the commissioner
shall report the transfers under this paragraph
to the legislature.
new text end

new text begin Subd. 17. new text end

new text begin Prohibition of Grant Funds for Hiring
a Lobbyist
new text end

new text begin No grant funds awarded by the agency may
be used to hire a lobbyist as defined in
Minnesota Statutes, section 10A.01,
subdivision 21.
new text end

new text begin Subd. 18. new text end

new text begin Federal Funds for Rental Assistance
for Persons with a Mental Illness
new text end

new text begin When allowed under federal law, and if federal
funds are available for a similar purpose, the
commissioner shall use federal
COVID-19-related relief funds of at least
$250,000 the first year and at least $250,000
the second year for rental housing assistance
for persons with a mental illness in addition
to using state-appropriated money under
subdivision 8, except that the commissioner
must not use Coronavirus State and Local
Fiscal Recovery Funds from Public Law
117-2, title IX, subtitle M, section 9901, to
satisfy the requirement under this subdivision.
new text end

Sec. 3. new text beginUSE OF FEDERAL FUNDS FOR HOMEOWNER ASSISTANCE.
new text end

new text begin 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.
new text end

Sec. 4. new text beginHOUSING AFFORDABILITY FUND; FISCAL YEARS 2022 AND 2023
ALLOCATIONS.
new text end

new text begin (a) At least 25 percent of the allocations from the Housing Finance Agency's housing
affordability fund, or Pool 3, in fiscal years 2022 and 2023 shall be for distribution to the
workforce homeownership program under Minnesota Statutes, section 462A.38, and the
manufactured home park infrastructure grants under Minnesota Statutes, section 462A.2035,
subdivision 1b, as determined by the agency. This amount shall not be used for loans or
other financing programs. The agency shall prioritize allocations under this paragraph to
programs that will address the disparity gap in the homeownership rate between white
households and Indigenous American Indians and communities of color. This allocation
shall remain until June 1, 2023, after which any money remaining in the set-aside shall be
available to all eligible projects as determined by the agency. No money from the allocation
under this paragraph may be used to administer this program.
new text end

new text begin (b) By June 30, 2022, and June 30, 2023, the commissioner of the Housing Finance
Agency shall report to the legislature the following for the allocation of housing affordability
funds under paragraph (a) for:
new text end

new text begin (1) the number and amount of grants issued for single-family homes, townhomes, and
manufactured homes;
new text end

new text begin (2) the number and amount of grants issued by income categories;
new text end

new text begin (3) the number and amount of grants issued by race or ethnic categories; and
new text end

new text begin (4) the number and amount of grants issued by county.
new text end

new text begin (c) Nothing in this section shall impair the obligation of the agency to use funds in Pool
3 to satisfy its obligations to holders of bonds secured by the general obligation pledge of
the agency to suggested use of agency resources.
new text end

ARTICLE 2

HOUSING POLICY

Section 1.

Minnesota Statutes 2020, section 12A.09, subdivision 3, is amended to read:


Subd. 3.

Capacity building grants.

Grants may be made under section 462A.21,
subdivision 3b
deleted text begin,deleted text endnew text begin:
new text end

new text begin (1) new text endto local units of government, including regional consortia, in the disaster area deleted text beginanddeleted text endnew text begin;
new text end

new text begin (2) tonew text end nonprofit organizationsnew text begin; and
new text end

new text begin (3) to federally recognized American Indian Tribes or subdivisions located in Minnesota
and Tribal housing corporations
new text end

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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 2.

new text begin [168A.1411] MANUFACTURED HOME AFFIXED TO REAL PROPERTY
OWNED BY COOPERATIVE.
new text end

new text begin Subdivision 1. new text end

new text begin Certificates surrendered for cancellation; cooperatives. new text end

new text begin (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:
new text end

new text begin (1) the name, residence address, and mailing address of owner or owners of the
manufactured home;
new text end

new text begin (2) the legal description of the real property in which the manufactured home is, or will
be, located;
new text end

new text begin (3) a copy of the surrendered manufacturer's certificate of origin or certificate of title
and the notice of surrender;
new text end

new text begin (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
new text end

new text begin (5) the signature of the person who executes the affidavit, properly executed before a
person authorized to authenticate an affidavit in this state.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Affidavit form; cooperatives. new text end

new text begin An affidavit of affixation must be in substantially
the following form and must contain the following information.
new text end

new text begin MANUFACTURED HOME AFFIDAVIT OF AFFIXATION IN A COOPERATIVE
new text end

new text begin PURSUANT TO MINNESOTA STATUTES, SECTION 168A.1411
new text end

new text begin Homeowner, being duly sworn, on his or her oath, states as follows:
new text end

new text begin 1. Homeowner owns the manufactured home ("home") described as follows:
new text end

.
new text begin New/Used
new text end
new text begin Year
new text end
new text begin Manufacturer's
Name
new text end
new text begin Model Name or
Model No.
new text end
new text begin Manufacturer's
Serial No.
new text end
new text begin Length/Width
new text end

new text begin 2. A copy of the surrendered manufacturer's certificate of origin or certificate of title is
attached.
new text end

new text begin 3. A copy of the notice of surrender issued from the Minnesota Department of Public Safety
Driver and Vehicle Services is attached.
new text end

new text begin 4. The home is or will be located at the following "Property Address":
new text end

.
new text begin Street or Route .
new text end
new text begin City .
new text end
new text begin County .
new text end
new text begin State .
new text end
new text begin Zip Code .
new text end

new text begin 5. The legal description of the property address ("land") is as follows or as attached hereto:
new text end

.
.
.

new text begin 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.
new text end

new text begin 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).
new text end

new text begin 8. The homeowner intends that the home be an immovable permanent improvement to the
land, free of any personal property security interest.
new text end

new text begin 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.
new text end

new text begin 10. The home is intended to be assessed and taxed as an improvement to the land.
new text end

new text begin Signed and sworn to (or affirmed) before me on ....... (date) by ....... (names of homeowner(s))
new text end

.
.
new text begin Homeowner Signature
new text end
new text begin Address
new text end
.
.
new text begin Printed Name
new text end
new text begin City, State
new text end
.
new text begin Homeowner Signature (if applicable)
new text end
.
new text begin Printed Name
new text end

new text begin This instrument was drafted by, and when recorded return to:
new text end

.
.
.

new text begin Subscribed and sworn to before me this ....... day of ......., .......
new text end

new text begin ......................................................................
new text end
new text begin Signature of Notary Public or Other Official
new text end

new text begin Notary Stamp or Seal
new text end

new text begin (optional)
new text end

new text begin Lender's Statement of Intent:
new text end

new text begin The undersigned ("lender") intends that the home be immovable and a permanent
improvement to the land free of any personal property security interest.
new text end

.
new text begin Lender
new text end
new text begin By: .
new text end
new text begin Authorized Signature
new text end
new text begin STATE OF . )
new text end
new text begin . ) ss:
new text end
new text begin COUNTY OF . )
new text end

new text begin On the ....... day of ....... in the year ....... before me, the undersigned, a Notary Public in and
for said state, personally appeared
new text end

.

new text begin 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.
new text end

.
new text begin Notary Signature
new text end
.
new text begin Notary Printed Name
new text end
new text begin Notary Public, State of .
new text end
new text begin Qualified in the County of .
new text end
new text begin My commission expires .
new text end

new text begin Official seal:
new text end

new text begin [only if the owner of the land is a Minnesota nonprofit corporation or cooperative]:
new text end

new text begin 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 subdivision 5, below, Lot ................. shown on such scaled drawing].
new text end

.
new text begin Signature block for nonprofit or cooperative
new text end
.
new text begin Acknowledgment of officer of nonprofit or
cooperative
new text end

new text begin Subd. 3. new text end

new text begin Perfected security interest prevents surrender. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Notice of security interest. new text end

new text begin 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.
new text end

new text begin Subd. 5. new text end

new text begin Scaled drawing. new text end

new text begin (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:
new text end

new text begin (1) the scaled drawing accurately depicts all information required by this subdivision;
and
new text end

new text begin (2) the work was undertaken by, or reviewed and approved by, the certifying land
surveyor.
new text end

new text begin (b) The scaled drawing shall show:
new text end

new text begin (1) the dimensions and location of all existing material structural improvements and
roadways;
new text end

new text begin (2) the extent of any encroachments by or upon any portion of the land;
new text end

new text begin (3) the location and dimensions of all recorded easements within the land burdening any
portion of the land;
new text end

new text begin (4) the distance and direction between noncontiguous parcels of real estate;
new text end

new text begin (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
new text end

new text begin (6) the legal description of the land.
new text end

Sec. 3.

new text begin [168A.1412] MANUFACTURED HOME AFFIXED TO REAL PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Manufactured home as real property. new text end

new text begin 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:
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (3) an affidavit of affixation pursuant to subdivision 5 is recorded with the county recorder
or registrar of titles, as applicable.
new text end

new text begin Subd. 2. new text end

new text begin Surrender of certificate of title. new text end

new text begin (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 a 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 DVS records, the commissioner
must issue a 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 a notice of cancellation.
new text end

new text begin (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 the
recording of 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.
new text end

new text begin Subd. 3. new text end

new text begin Surrender of manufacturer's certificate of origin. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Verification. new text end

new text begin 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.
new text end

new text begin Subd. 5. new text end

new text begin Affidavit of affixation. new text end

new text begin 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.
new text end

new text begin MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
new text end

new text begin PURSUANT TO MINNESOTA STATUTES, SECTION 168A.1412
new text end

new text begin ...............................................("Affiant"), being first duly sworn, on oath states, or affirms
under penalties of perjury, that:
new text end

new text begin 1. I am an owner of the manufactured home ("Manufactured Home") described as follows:
new text end

new text begin Manufacturer's name: .
new text end
new text begin Make: .
new text end
new text begin Model number: .
new text end
new text begin Model year: .
new text end
new text begin Serial number: .
new text end
new text begin Dimensions: .
new text end
new text begin Other descriptive information (if any): .
new text end

new text begin 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:
new text end

new text begin Street or route: .
new text end
new text begin City: .
new text end
new text begin State: .
new text end
new text begin Zip code: .
new text end
new text begin and legally described as follows ("Land"):
new text end
new text begin ...................................................................................
new text end
new text begin ...................................................................................
new text end
new text begin ...................................................................................
new text end
new text begin Check here if all or part of the described real property is Registered (Torrens) .....
new text end

new text begin 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.
new text end

new text begin 4. The owner(s) of the Manufactured Home is/are the owner(s) of the Land.
new text end

new text begin 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.
new text end

new text begin Affiant
new text end
new text begin .
new text end
new text begin (Signature)
new text end

new text begin Signed and sworn to (or affirmed) before me this ....... day of ......., .......
new text end

new text begin Notary Stamp or Seal
new text end

new text begin .
new text end
new text begin Signature of notarial officer Title (and Rank):
new text end
new text begin My commission expires: ..............
new text end
new text begin This instrument was drafted by, and when
recorded return to
new text end
new text begin .
new text end

new text begin Subd. 6. new text end

new text begin Notice of security interest. new text end

new text begin 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.
new text end

Sec. 4.

Minnesota Statutes 2020, section 273.11, subdivision 12, is amended to read:


Subd. 12.

Community land trusts.

(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 beginAll 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 beginthis paragraphdeleted text end new text beginsection 462A.30,
subdivision 9
new 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 beginthis paragraphdeleted text end new text beginsection
462A.30, subdivision 9
new 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 5.

Minnesota Statutes 2020, section 273.125, subdivision 8, is amended to read:


Subd. 8.

Manufactured homes; sectional structures.

(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 beginowner 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 member
new 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.

Sec. 6.

Minnesota Statutes 2020, section 326B.106, subdivision 7, is amended to read:


Subd. 7.

Window fall prevention device code.

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.

new text begin (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.
new text end

Sec. 7.

Minnesota Statutes 2020, section 462.352, subdivision 5, is amended to read:


Subd. 5.

Comprehensive municipal plan.

new text begin(a) new text end"Comprehensive municipal plan" means
a compilation of policy statements, goals, standards, and maps for guiding the physical,
social and economic development, both private and public, of the municipality and its
environs, and may include, but is not limited to, the following: statements of policies, goals,
standards, a land use plan, including proposed densities for development, a community
facilities plan, a transportation plan, and recommendations for plan execution. A
comprehensive plan represents the planning agency's recommendations for the future
development of the community.

new text begin (b) As part of the comprehensive municipal plan, municipalities are encouraged to enact
public policy to facilitate the development of unsubsidized affordable housing. These policies
may include but are not limited to the municipal plan authorizing smaller lot sizes for
single-family homes, allowing the construction of duplexes through fourplexes on lots that
would otherwise be zoned exclusively for single-family houses, and allowing for mixed-use
development.
new text end

Sec. 8.

new text begin [462.3575] LIMITING REGULATIONS ON RESIDENTIAL
DEVELOPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to official controls adopted under
sections 462.357, 462.358, and 462.3595.
new text end

new text begin Subd. 2. new text end

new text begin Planned unit development. new text end

new text begin (a) A municipality shall not require a planned unit
development agreement in lieu of a proposed residential development if the proposed
residential development complies with the existing city zoning ordinances, subdivision
regulation, or qualifies as a conditional use.
new text end

new text begin (b) A municipality shall not require planned unit development agreement conditions
that exceed the requirements in the State Building Code under chapter 326B.
new text end

new text begin (c) A planned unit development agreement must be made available to the public by
posting the agreement on the website of the municipality at least seven days prior to the
governing body's review of the agreement. If the municipality does not have a website, a
copy of the planned unit development agreement must be available for review at the city
hall building of the municipality. If the agreement is approved by the governing body, the
agreement cannot be modified unless all parties to the agreement concur.
new text end

new text begin Subd. 3. new text end

new text begin Limitation on aesthetic mandates. new text end

new text begin A municipality shall not condition approval
of a building permit, subdivision development, or planned unit development on the use of
specific materials, design, amenities, or other aesthetic conditions that are not required by
the State Building Code under chapter 326B.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin This section shall not apply to a proposed residential development
that is to be developed by the municipality.
new text end

Sec. 9.

Minnesota Statutes 2020, section 462A.05, subdivision 14, is amended to read:


Subd. 14.

Rehabilitation loans.

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 beginExcept
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 EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 10.

Minnesota Statutes 2020, section 462A.05, subdivision 14a, is amended to read:


Subd. 14a.

Rehabilitation loans; existing owner-occupied residential housing.

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 beginRehabilitation may include replacement of manufactured homes. new text endNo 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 endnew text begin $40,000new 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 EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 11.

Minnesota Statutes 2020, section 462A.07, subdivision 2, is amended to read:


Subd. 2.

Technical assistance; residential housing.

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 state
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 12.

Minnesota Statutes 2020, section 462A.204, subdivision 3, is amended to read:


Subd. 3.

Set aside.

At least one grant must be awarded in an area located outside of the
metropolitan area. A county, a group of contiguous counties jointly acting together, a Tribe,
a group of Tribes, or a community-based nonprofit organization deleted text beginwith a sponsoring resolution
from each of the county boards of the counties located within its operating jurisdiction
deleted text end may
apply for and receive grants deleted text beginfor areas located outside the metropolitan areadeleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2020, section 462A.24, is amended to read:


462A.24 CONSTRUCTION; GRANTS AND LOANS; PRIORITIES.

(a) This chapter is necessary for the welfare of the state of Minnesota and its inhabitants;
therefore, it shall be liberally construed to effect its purpose.

(b) To the extent practicable, the agency shall award grant and loan amounts with a
reasonable balance between nonmetropolitan and metropolitan areas of the state.

(c) Beginning with applications made in response to requests for proposals issued after
July 1, 2020, after final decisions are made on applications for programs of the agency, the
results of any quantitative scoring system used to rank applications shall be posted on the
agency website.

new text begin (d) The agency shall award points in the agency's decision-making criteria for all
programs of the agency based on how quickly a project can be constructed.
new text end

Sec. 14.

Minnesota Statutes 2020, section 462A.30, subdivision 9, is amended to read:


Subd. 9.

Persons and families of low and moderate income.

"Persons and families of
low and moderate income" means persons or families whose income does not exceed:

(1) deleted text begin80deleted text endnew text begin115new 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 15.

Minnesota Statutes 2020, section 462A.37, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

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

(b) "Abandoned property" has the meaning given in section 117.025, subdivision 5.

(c) "Community land trust" means an entity that meets the requirements of section
462A.31, subdivisions 1 and 2.

(d) "Debt service" means the amount payable in any fiscal year of principal, premium,
if any, and interest on housing infrastructure bonds and the fees, charges, and expenses
related to the bonds.

(e) "Foreclosed property" means residential property where foreclosure proceedings
have been initiated or have been completed and title transferred or where title is transferred
in lieu of foreclosure.

(f) "Housing infrastructure bonds" means bonds issued by the agency under this chapter
that:

(1) are qualified 501(c)(3) bonds, within the meaning of section 145(a) of the Internal
Revenue Code;

(2) finance qualified residential rental projects within the meaning of section 142(d) of
the Internal Revenue Code;

(3) finance the construction or rehabilitation of single-family houses that qualify for
mortgage financing within the meaning of section 143 of the Internal Revenue Code; or

(4) are tax-exempt bonds that are not private activity bonds, within the meaning of
section 141(a) of the Internal Revenue Code, for the purpose of financing or refinancing
affordable housing authorized under this chapter.

(g) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.

(h) "Senior" means a person 55 years of age or older deleted text beginwith an annual income not greater
than 50 percent of:
deleted text endnew text begin.
new text end

deleted text begin (1) the metropolitan area median income for persons in the metropolitan area; or
deleted text end

deleted text begin (2) the statewide median income for persons outside the metropolitan area.
deleted text end

new text begin (i) "Senior household" means a household with one or more senior members and with
a combined annual income not greater than 50 percent of:
new text end

new text begin (1) the metropolitan area median income for persons in the metropolitan area; or
new text end

new text begin (2) the statewide median income for persons outside the metropolitan area.
new text end

deleted text begin (i)deleted text endnew text begin (j)new text end "Senior housing" means housing intended and operated for occupancy by deleted text beginat least
one senior per unit
deleted text endnew text begin senior householdsnew text end with at least 80 percent of the units occupied by deleted text beginat
least one senior per unit
deleted text endnew text begin senior householdsnew text end, and for which there is publication of, and
adherence to, policies and procedures that demonstrate an intent by the owner or manager
to provide housing for seniors. Senior housing may be developed in conjunction with and
as a distinct portion of mixed-income senior housing developments that use a variety of
public or private financing sources.

deleted text begin (j)deleted text endnew text begin (k)new text end "Supportive housing" means housing that is not time-limited and provides or
coordinates with linkages to services necessary for residents to maintain housing stability
and maximize opportunities for education and employment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 16.

Minnesota Statutes 2020, section 462A.37, subdivision 2, is amended to read:


Subd. 2.

Authorization.

(a) The agency may issue up to $30,000,000 in aggregate
principal amount of housing infrastructure bonds in one or more series to which the payment
made under this section may be pledged. The housing infrastructure bonds authorized in
this subdivision may be issued to fund loans, or grants for the purposes of clause (4), on
terms and conditions the agency deems appropriate, made for one or more of the following
purposes:

(1) to finance the costs of the construction, acquisition, and rehabilitation of supportive
housing for individuals and families who are without a permanent residence;

(2) to finance the costs of the acquisition and rehabilitation of foreclosed or abandoned
housing to be used for affordable rental housing and the costs of new construction of rental
housing on abandoned or foreclosed property where the existing structures will be demolished
or removed;

(3) to finance that portion of the costs of acquisition of property that is attributable to
the land to be leased by community land trusts to low- and moderate-income home buyers;

(4) to finance the acquisition, improvement, and infrastructure of manufactured home
parks under section 462A.2035, subdivision 1b;

(5) to finance the costs of acquisition, rehabilitation, adaptive reuse, or new construction
of senior housing;

(6) to finance the costs of acquisition and rehabilitation of federally assisted rental
housing and for the refinancing of costs of the construction, acquisition, and rehabilitation
of federally assisted rental housing, including providing funds to refund, in whole or in part,
outstanding bonds previously issued by the agency or another government unit to finance
or refinance such costs; and

(7) to finance the costs of acquisition, rehabilitation, adaptive reuse, or new construction
of single-family housing.

(b) Among comparable proposals for permanent supportive housing, preference shall
be given to permanent supportive housing for veterans and other individuals or families
who:

(1) either have been without a permanent residence for at least 12 months or at least four
times in the last three years; or

(2) are at significant risk of lacking a permanent residence for 12 months or at least four
times in the last three years.

(c) Among comparable proposals for senior housing, the agency must give priority to
requests for projects that:

(1) demonstrate a commitment to maintaining the housing financed as affordable to
deleted text begin seniorsdeleted text endnew text begin senior householdsnew text end;

(2) leverage other sources of funding to finance the project, including the use of
low-income housing tax credits;

(3) provide access to services to residents and demonstrate the ability to increase physical
supports and support services as residents age and experience increasing levels of disability;new text begin
and
new text end

deleted text begin (4) provide a service plan containing the elements of clause (3) reviewed by the housing
authority, economic development authority, public housing authority, or community
development agency that has an area of operation for the jurisdiction in which the project
is located; and
deleted text end

deleted text begin (5)deleted text endnew text begin (4)new text end include households with incomes that do not exceed 30 percent of the median
household income for the metropolitan area.

To the extent practicable, the agency shall balance the loans made between projects in the
metropolitan area and projects outside the metropolitan area. Of the loans made to projects
outside the metropolitan area, the agency shall, to the extent practicable, balance the loans
made between projects in counties or cities with a population of 20,000 or less, as established
by the most recent decennial census, and projects in counties or cities with populations in
excess of 20,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 17.

Minnesota Statutes 2020, section 462A.38, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

A workforce and affordable homeownership development
program is established to award homeownership development grants tonew text begin:
new text end

new text begin (1) new text endcitiesdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2) counties;
new text end

new text begin (3) new text endTribal governmentsdeleted text begin,deleted text endnew text begin;
new text end

new text begin (4) new text endnonprofit organizationsdeleted text begin,deleted text endnew text begin;
new text end

new text begin (5) new text endcooperatives created under chapter 308A or 308Bdeleted text begin,deleted text endnew text begin;new text end and

new text begin (6) new text endcommunity land trusts created for the purposes outlined in section 462A.31,
subdivision
1,

for development of workforce and affordable homeownership projects. The purpose of the
program is to increase the supply of workforce and affordable, owner-occupied multifamily
or single-family housing throughout Minnesota.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 18.

Minnesota Statutes 2020, section 462A.39, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

The commissioner of Minnesota housing finance shall
establish a workforce housing development program to award grants or deferred loans to
eligible project areas to be used for qualified expenditures. Grants or deferred loans
authorized under this section may be made without limitations relating to the maximum
incomes of the rentersnew text begin or homeownersnew text end.

Sec. 19.

Minnesota Statutes 2020, section 462A.39, subdivision 2, is amended to read:


Subd. 2.

Definitions.

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

(b) "Eligible project area" means a home rule charter or statutory city located outside
of the metropolitan area as defined in section 473.121, subdivision 2, with a population
exceeding 500; a community that has a combined population of 1,500 residents located
within 15 miles of a home rule charter or statutory city located outside the metropolitan
area as defined in section 473.121, subdivision 2; new text beginfederally recognized Tribal reservations;
new text end or an area served by a joint county-city economic development authority.

(c) "Joint county-city economic development authority" means an economic development
authority formed under Laws 1988, chapter 516, section 1, as a joint partnership between
a city and county and excluding those established by the county only.

(d) "Market rate residential rental properties" means properties that are rented at market
value, including new modular homes, new manufactured homes, and new manufactured
homes on leased land or in a manufactured home park, and may include rental developments
that have a portion of income-restricted units.

(e) "Qualified expenditure" means expenditures for new text beginowner-occupied housing or new text endmarket
rate residential rental properties including acquisition of property; construction of
improvements; and provisions of loans or subsidies, grants, interest rate subsidies, public
infrastructure, and related financing costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 20.

Minnesota Statutes 2020, section 462A.39, subdivision 4, is amended to read:


Subd. 4.

Program requirements.

(a) The commissioner must not award a grant or
deferred loans to an eligible project area under this section until the following determinations
are made:

(1) the average vacancy rate for rental housing located in the eligible project area, and
in any other city located within 15 miles or less of the boundaries of the area, has been five
percent or less for at least the prior two-year period;

(2) one or more businesses located in the eligible project area, or within 25 miles of the
area, that employs a minimum of 20 full-time equivalent employees in aggregate have
provided a written statement to the eligible project area indicating that the lack of available
deleted text begin rentaldeleted text end housing has impeded their ability to recruit and hire employees; and

(3) the eligible project area has certified that the grants or deferred loans will be used
for qualified expenditures for the development of deleted text beginrentaldeleted text end housing to serve employees of
businesses located in the eligible project area or surrounding area.

(b) Preference for grants or deferred loans awarded under this section shall be given to
eligible project areas with less than 30,000 people.

(c) Among comparable proposals, preference must be given to projects with a higher
proportion of units that are not income-restricted.

Sec. 21.

Minnesota Statutes 2020, section 462A.39, subdivision 5, is amended to read:


Subd. 5.

Allocation.

The amount of a grant or deferred loans may not exceed 25 percent
of the deleted text beginrentaldeleted text end housing development project cost. The commissioner shall not award a grant
or deferred loans to deleted text begina citydeleted text end new text beginan eligible project area new text endwithout certification by the deleted text begincitydeleted text end new text begineligible
project area
new text endthat the amount of the grant or deferred loans shall be matched bynew text begin:
new text end

new text begin (1) new text enda local unit of governmentdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2) a new text endbusinessdeleted text begin, ordeleted text endnew text begin;
new text end

new text begin (3) a new text endnonprofit organizationnew text begin; or
new text end

new text begin (4) a federally recognized Tribe
new text end

with $1 for every $2 provided in grant or deferred loans funds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 22.

new text begin [462A.40] PROGRAM FOR MANUFACTURED HOME MORTGAGE
FINANCING AND DOWN PAYMENT ASSISTANCE FOR CERTAIN
MANUFACTURED HOMES.
new text end

new text begin (a) By August 1, 2022, the agency, in conjunction with Fannie Mae's HomeReady
program, or other federal mortgage programs that may authorize it, must develop and
implement a program that offers mortgage financing and down payment assistance for
purchasers of eligible manufactured homes.
new text end

new text begin (b) For purposes of this section "eligible manufactured homes" means a manufactured
home titled as real property in this state and affixed to real property owned by a
resident-owned community.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

Minnesota Statutes 2020, section 471.9996, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginIn generaldeleted text endnew text begin Prohibitionnew text end.

new text begin(a)new text end No statutory or home rule charter city, county,
or town may adopt or renew by ordinance or otherwise any law to control rents on private
residential property deleted text beginexcept as provided in subdivision 2deleted text end. This section does not impair the
right of any statutory or home rule charter city, county, or town:

(1) to manage or control property in which it has a financial interest through a housing
authority or similar agency;

(2) to contract with a property owner;

(3) to act as required or authorized by laws or regulations of the United States government
or this state; or

(4) to mediate between property owners and tenants for the purpose of negotiating rents.

new text begin (b) Nothing in this section shall be deemed to limit or restrict the classification of
low-income rental property as class 4d under section 273.13, subdivision 25.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 24.

Minnesota Statutes 2020, section 474A.061, subdivision 2a, is amended to read:


Subd. 2a.

Housing pool allocation.

(a) Commencing on the second Tuesday in January
and continuing on each Monday through the last Monday in June, the commissioner shall
allocate available bonding authority from the housing pool to applications received on or
before the Monday of the preceding week for residential rental projects that meet the
eligibility criteria under section 474A.047. Allocations of available bonding authority from
the housing pool for eligible residential rental projects shall be awarded in the following
order of priority:

(1) preservation projects;

(2) 30 percent AMI residential rental projects;

(3) 50 percent AMI residential rental projects;

(4) 100 percent LIHTC projects;

(5) 20 percent LIHTC projects; and

(6) other residential rental projects for which the amount of bonds requested in their
respective applications do not exceed the aggregate bond limitation.

If there are two or more applications for residential rental projects at the same priority level
and there is insufficient bonding authority to provide allocations for all the projects in any
one allocation period, available bonding authority shall be deleted text beginrandomlydeleted text end awarded by deleted text beginlotdeleted text endnew text begin giving
preference for projects with a lower cost-per-unit of housing
new text end but only for projects that can
receive the full amount of their respective requested allocations. If a residential rental project
does not receive any of its requested allocation pursuant to this paragraph and the project
applies for an allocation of bonds again in the same calendar year or to the next successive
housing pool, the project shall be fully funded up to its original application request for
bonding authority before any new project, applying in the same allocation period, that has
an equal priority shall receive bonding authority. An issuer that receives an allocation under
this paragraph must issue obligations equal to all or a portion of the allocation received on
or before 180 days of the allocation. If an issuer that receives an allocation under this
paragraph does not issue obligations equal to all or a portion of the allocation received
within the time period provided in this paragraph or returns the allocation to the
commissioner, the amount of the allocation is canceled and returned for reallocation through
the housing pool or to the unified pool after July 1.

(b) After January 1, and through January 15, The Minnesota Housing Finance Agency
may accept applications from cities for single-family housing programs which meet program
requirements as follows:

(1) the housing program must meet a locally identified housing need and be economically
viable;

(2) the adjusted income of home buyers may not exceed 80 percent of the greater of
statewide or area median income as published by the Department of Housing and Urban
Development, adjusted for household size;

(3) house price limits may not exceed the federal price limits established for mortgage
revenue bond programs. Data on the home purchase price amount, mortgage amount, income,
household size, and race of the households served in the previous year's single-family
housing program, if any, must be included in each application; and

(4) for applicants who choose to have the agency issue bonds on their behalf, an
application fee pursuant to section 474A.03, subdivision 4, and an application deposit equal
to one percent of the requested allocation must be submitted to the Minnesota Housing
Finance Agency before the agency forwards the list specifying the amounts allocated to the
commissioner under paragraph (d). The agency shall submit the city's application fee and
application deposit to the commissioner when requesting an allocation from the housing
pool.

Applications by a consortium shall include the name of each member of the consortium
and the amount of allocation requested by each member.

(c) Any amounts remaining in the housing pool after June 15 are available for
single-family housing programs for cities that applied in January and received an allocation
under this section in the same calendar year. For a city that chooses to issue bonds on its
own behalf or pursuant to a joint powers agreement, the agency must allot available bonding
authority based on the formula in paragraphs (d) and (f). Allocations will be made loan by
loan, on a first-come, first-served basis among cities on whose behalf the Minnesota Housing
Finance Agency issues bonds.

Any city that received an allocation pursuant to paragraph (f) in the same calendar year
that wishes to issue bonds on its own behalf or pursuant to a joint powers agreement for an
amount becoming available for single-family housing programs after June 15 shall notify
the Minnesota Housing Finance Agency by June 15. The Minnesota Housing Finance
Agency shall notify each city making a request of the amount of its allocation within three
business days after June 15. The city must comply with paragraph (f).

For purposes of paragraphs (a) to (h), "city" means a county or a consortium of local
government units that agree through a joint powers agreement to apply together for
single-family housing programs, and has the meaning given it in section 462C.02, subdivision
6
. "Agency" means the Minnesota Housing Finance Agency.

(d) The total amount of allocation for mortgage bonds for one city is limited to the lesser
of: (i) the amount requested, or (ii) the product of the total amount available for mortgage
bonds from the housing pool, multiplied by the ratio of each applicant's population as
determined by the most recent estimate of the city's population released by the state
demographer's office to the total of all the applicants' population, except that each applicant
shall be allocated a minimum of $100,000 regardless of the amount requested or the amount
determined under the formula in clause (ii). If a city applying for an allocation is located
within a county that has also applied for an allocation, the city's population will be deducted
from the county's population in calculating the amount of allocations under this paragraph.

Upon determining the amount of each applicant's allocation, the agency shall forward
to the commissioner a list specifying the amounts allotted to each application with all
application fees and deposits from applicants who choose to have the agency issue bonds
on their behalf.

Total allocations from the housing pool for single-family housing programs may not
exceed 27 percent of the adjusted allocation to the housing pool until after June 15 in 2020
and 2021, after which the allocations may not exceed 31 percent of the adjusted allocation
to the housing pool until after June 15.

(e) The agency may issue bonds on behalf of participating cities. The agency shall request
an allocation from the commissioner for all applicants who choose to have the agency issue
bonds on their behalf and the commissioner shall allocate the requested amount to the
agency. The agency may request an allocation at any time after the second Tuesday in
January and through the last Monday in June. After awarding an allocation and receiving
a notice of issuance for the mortgage bonds issued on behalf of the participating cities, the
commissioner shall transfer the application deposits to the Minnesota Housing Finance
Agency to be returned to the participating cities. The Minnesota Housing Finance Agency
shall return any application deposit to a city that paid an application deposit under paragraph
(b), clause (4), but was not part of the list forwarded to the commissioner under paragraph
(d).

(f) A city may choose to issue bonds on its own behalf or through a joint powers
agreement and may request an allocation from the commissioner by forwarding an application
with an application fee pursuant to section 474A.03, subdivision 4, and a one percent
application deposit to the commissioner no later than the Monday of the week preceding
an allocation. If the total amount requested by all applicants exceeds the amount available
in the pool, the city may not receive a greater allocation than the amount it would have
received under the list forwarded by the Minnesota Housing Finance Agency to the
commissioner. No city may request or receive an allocation from the commissioner until
the list under paragraph (d) has been forwarded to the commissioner. A city must request
an allocation from the commissioner no later than the last Monday in June. No city may
receive an allocation from the housing pool for mortgage bonds which has not first applied
to the Minnesota Housing Finance Agency. The commissioner shall allocate the requested
amount to the city or cities subject to the limitations under this paragraph.

If a city issues mortgage bonds from an allocation received under this paragraph, the
issuer must provide for the recycling of funds into new loans. If the issuer is not able to
provide for recycling, the issuer must notify the commissioner in writing of the reason that
recycling was not possible and the reason the issuer elected not to have the Minnesota
Housing Finance Agency issue the bonds. "Recycling" means the use of money generated
from the repayment and prepayment of loans for further eligible loans or for the redemption
of bonds and the issuance of current refunding bonds.

(g) No entitlement city or county or city in an entitlement county may apply for or be
allocated authority to issue mortgage bonds or use mortgage credit certificates from the
housing pool. No city in an entitlement county may apply for or be allocated authority to
issue residential rental bonds from the housing pool or the unified pool.

(h) A city that does not use at least 50 percent of its allotment by the date applications
are due for the first allocation that is made from the housing pool for single-family housing
programs in the immediately succeeding calendar year may not apply to the housing pool
for a single-family mortgage bond or mortgage credit certificate program allocation that
exceeds the amount of its allotment for the preceding year that was used by the city in the
immediately preceding year or receive an allotment from the housing pool in the succeeding
calendar year that exceeds the amount of its allotment for the preceding year that was used
in the preceding year. The minimum allotment is $100,000 for an allocation made prior to
June 15, regardless of the amount used in the preceding calendar year, except that a city
whose allocation in the preceding year was the minimum amount of $100,000 and who did
not use at least 50 percent of its allocation from the preceding year is ineligible for an
allocation in the immediate succeeding calendar year. Each local government unit in a
consortium must meet the requirements of this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 25.

Minnesota Statutes 2020, section 474A.091, subdivision 3, is amended to read:


Subd. 3.

Allocation procedure.

(a) The commissioner shall allocate available bonding
authority under this section on the Monday of every other week beginning with the first
Monday in July through and on the last Monday in November. Applications for allocations
must be received by the department by 4:30 p.m. on the Monday preceding the Monday on
which allocations are to be made. If a Monday falls on a holiday, the allocation will be made
or the applications must be received by the next business day after the holiday.

(b) Prior to October 1, only the following applications shall be awarded allocations from
the unified pool. Allocations shall be awarded in the following order of priority:

(1) applications for residential rental project bonds;

(2) applications for small issue bonds for manufacturing projects; and

(3) applications for small issue bonds for agricultural development bond loan projects.

(c) On the first Monday in October through the last Monday in November, allocations
shall be awarded from the unified pool in the following order of priority:

(1) applications for student loan bonds issued by or on behalf of the Minnesota Office
of Higher Education;

(2) applications for mortgage bonds;

(3) applications for public facility projects funded by public facility bonds;

(4) applications for small issue bonds for manufacturing projects;

(5) applications for small issue bonds for agricultural development bond loan projects;

(6) applications for residential rental project bonds;

(7) applications for enterprise zone facility bonds;

(8) applications for governmental bonds; and

(9) applications for redevelopment bonds.

(d) If there are two or more applications for manufacturing projects from the unified
pool and there is insufficient bonding authority to provide allocations for all manufacturing
projects in any one allocation period, the available bonding authority shall be awarded based
on the number of points awarded a project under section 474A.045 with those projects
receiving the greatest number of points receiving allocation first. If two or more applications
for manufacturing projects receive an equal amount of points, available bonding authority
shall be awarded by lot unless otherwise agreed to by the respective issuers.

(e) If there are two or more applications for enterprise zone facility projects from the
unified pool and there is insufficient bonding authority to provide allocations for all enterprise
zone facility projects in any one allocation period, the available bonding authority shall be
awarded based on the number of points awarded a project under section 474A.045 with
those projects receiving the greatest number of points receiving allocation first. If two or
more applications for enterprise zone facility projects receive an equal amount of points,
available bonding authority shall be awarded by lot unless otherwise agreed to by the
respective issuers.

(f) If there are two or more applications for residential rental projects from the unified
pool and there is insufficient bonding authority to provide allocations for all residential
rental projects in any one allocation period, the available bonding authority shall be awarded
in the following order of priority: (1) preservation projects; (2) 30 percent AMI residential
rental projects; (3) 50 percent AMI residential rental projects for which the amount of bonds
requested in their respective applications do not exceed the aggregate bond limitations; (4)
100 percent LIHTC projects; (5) 20 percent LIHTC projects; and (6) other residential rental
projects. If there are two or more applications for residential rental projects at the same
priority level and there is insufficient bonding authority to provide allocations for all the
projects in any one allocation period, available bonding authority shall be deleted text beginrandomlydeleted text end awarded
by deleted text beginlotdeleted text endnew text begin giving preference for projects with a lower cost-per-unit of housingnew text end but only for
projects that can receive the full amount of their respective requested allocations. If a
residential rental project does not receive any of its requested allocation pursuant to this
paragraph and the project applies in the next successive housing pool or the next successive
unified pool for an allocation of bonds, the project shall be fully funded up to its original
application request for bonding authority before any new project, applying in the same
allocation period, that has an equal priority shall receive bonding authority.

(g) From the first Monday in July through the last Monday in November, $20,000,000
of bonding authority or an amount equal to the total annual amount of bonding authority
allocated to the small issue pool under section 474A.03, subdivision 1, less the amount
allocated to issuers from the small issue pool for that year, whichever is less, is reserved
within the unified pool for small issue bonds to the extent the amounts are available within
the unified pool.

(h) The total amount of allocations for mortgage bonds from the housing pool and the
unified pool may not exceed:

(1) $10,000,000 for any one city; or

(2) $20,000,000 for any number of cities in any one county.

(i) The total amount of allocations for student loan bonds from the unified pool may not
exceed $25,000,000 per year.

(j) If there is insufficient bonding authority to fund all projects within any qualified bond
category other than enterprise zone facility projects, manufacturing projects, and residential
rental projects, allocations shall be awarded by lot unless otherwise agreed to by the
respective issuers.

(k) If an application is rejected, the commissioner must notify the applicant and return
the application deposit to the applicant within 30 days unless the applicant requests in writing
that the application be resubmitted.

(l) The granting of an allocation of bonding authority under this section must be evidenced
by issuance of a certificate of allocation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 26. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must change all cross-references to Minnesota Statutes, section
168A.141, to Minnesota Statutes, section 168A.1412.
new text end

Sec. 27. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, section 168A.141, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2020, section 471.9996, subdivision 2, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective August 1, 2021. Paragraph (b) is effective
the day following final enactment.
new text end

ARTICLE 3

EVICTION MORATORIUM PHASEOUT

Section 1.

new text begin [12.47] LIMITATION OF POWERS; EVICTION PROCEEDINGS.
new text end

new text begin Notwithstanding any law to the contrary, an order issued under this chapter prohibiting
or delaying eviction proceedings under chapter 504B is valid for a period not to exceed 30
days. The governor must not extend the order beyond 30 days unless the extension is
approved by a majority vote of each house of the legislature. The governor shall not allow
the order to expire and issue a new order delaying or prohibiting eviction proceedings under
chapter 504B in an effort to avoid obtaining legislative approval for an extension of the
order as provided in this section. An order issued to avoid obtaining legislative approval as
required under this section is null and void.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text beginEXECUTIVE ORDER 20-79 VOID; EVICTION MORATORIUM ORDERS
TEMPORARILY PROHIBITED.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, chapter 12, or any other law to the contrary,
Executive Order 20-79 is null and void.
new text end

new text begin (b) Notwithstanding Minnesota Statutes, chapter 12, or any law to the contrary, the
governor is prohibited from issuing an order prohibiting or delaying eviction proceedings
under Minnesota Statutes, chapter 504B, for 30 days following the enactment of this act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text beginEVICTION MORATORIUM PHASEOUT.
new text end

new text begin (a) Notwithstanding any law to the contrary, the following actions are prohibited:
new text end

new text begin (1) termination or nonrenewal of residential leases, except:
new text end

new text begin (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;
new text end

new text begin (ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1;
new text end

new text begin (iii) termination and nonrenewal of residential leases are permitted for material violations
of the lease other than nonpayment of rent; and
new text end

new text begin (iv) from and after 30 days after the date of enactment of this act, termination and
nonrenewal of leases are permitted for those with outstanding rent, but who are ineligible
for rental assistance through the COVID-19 emergency rental assistance program;
new text end

new text begin (2) filing of eviction actions under Minnesota Statutes, section 504B.285 or 504B.291,
except:
new text end

new text begin (i) where the tenant seriously endangers the safety of others or significantly damages
property;
new text end

new text begin (ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1;
new text end

new text begin (iii) from and after 30 days after the date of enactment of this act, eviction actions are
permitted for material violations of the lease other than nonpayment of rent; and
new text end

new text begin (iv) from and after 60 days after the date of enactment of this act, eviction actions are
permitted for those with outstanding rent, but who are ineligible for rental assistance through
the COVID-19 emergency rental assistance program;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (b) Notwithstanding paragraph (a), a landlord may file an eviction action against a tenant:
new text end

new text begin (1) who is eligible for assistance through the COVID-19 emergency rental assistance
program; and
new text end

new text begin (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.
new text end

new text begin (c) Within 15 days of the date of enactment of this act, a landlord is encouraged to share
the following with all tenants in arrears over 30 days:
new text end

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

new text begin (2) the availability of any financial assistance programs for which the tenant may be
eligible; and
new text end

new text begin (3) information about documents required by the city, county, state, or other entity to
receive financial assistance.
new text end

new text begin (d) Nothing in this section shall:
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (3) prohibit a tenant who is ineligible for assistance through the COVID-19 emergency
rental assistance program from applying for or obtaining rental assistance through other
programs.
new text end

new text begin (e) This section expires 90 days after the date of enactment of this act.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text beginEVICTIONS; PENDING APPLICATIONS FOR RENTAL ASSISTANCE.
new text end

new text begin Notwithstanding any law to the contrary, including section 3, the filing of an eviction
action based on nonpayment of rent against a tenant with a pending application for assistance
through the COVID-19 emergency rental assistance program is prohibited. This section
expires June 1, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: S0969-2

168A.141 MANUFACTURED HOME AFFIXED TO REAL PROPERTY.

Subdivision 1.

Certificates surrendered for cancellation.

(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.

Subd. 1a.

Affidavit form.

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:

Subd. 2.

Perfected security interest prevents surrender.

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.

Subd. 3.

Notice of security interest.

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.

471.9996 RENT CONTROL PROHIBITED.

Subd. 2.

Exception.

Subdivision 1 does not preclude a statutory or home rule charter city, county, or town from controlling rents on private residential property to the extent that the city, county, or town has the power to adopt an ordinance, charter amendment, or law to control these rents if the ordinance, charter amendment, or law that controls rents is approved in a general election. Subdivision 1 does not limit any power or authority of the voters of a statutory or home rule charter city, county, or town to petition for an ordinance or charter amendment to control rents on private residential property to the extent that the power or authority is otherwise provided for by law, and if the ordinance or charter amendment is approved in a general election. This subdivision does not grant any additional power or authority to the citizens of a statutory or home rule charter city, county, or town to vote on any question beyond that contained in other law.

Subdivision 1 does not apply to any statutory city unless the citizens of the statutory city have the authority to vote on the issue of rent control granted by other law.