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SF 1470

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/12/2021 08:31am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to emergency powers; nullifying Executive Order 20-79; prohibiting the
governor from issuing modifications to landlord and tenant law; providing for a
phaseout of the eviction moratorium; modifying requirements of 504B; amending
Minnesota Statutes 2020, section 12.46.

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

Section 1.

Minnesota Statutes 2020, section 12.46, is amended to read:


12.46 LIMITATION OF POWERS.

Nothing in this chapter authorizes the governor or the director:

(1) by subpoena or otherwise to require any person to appear before any person or to
produce any records for inspection by any person, or to examine any person under oath;
deleted text begin and
deleted text end

(2) to remove summarily from office any person, other than a person appointed under
this chapter, except as now provided by law or as herein specifically authorizednew text begin; and
new text end

new text begin (3) to supersede or modify the requirements of chapter 504Bnew 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.
new text end

new text begin 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 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 other law, the following actions are prohibited:
new text end

new text begin (1) 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 45 days after the date of enactment of this act, eviction actions are
permitted for material breaches of the lease other than nonpayment of rent for households
with an annual income of 80 percent or less of the area median income, adjusted for family
size; 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; and
new text end

new text begin (2) 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) from and after 15 days after the date of enactment of this act, termination and
nonrenewal of residential leases are permitted for material breaches of the lease other than
nonpayment of rent for households with an annual income of 80 percent or less of the area
median income, adjusted for family size; 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.
new text end

new text begin (b) Nothing in this section shall 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 (c) Nothing in this section reduces the rent owed by the tenant to the landlord, prevents
the landlord from collecting rent owed, or reduces arrears owed by a tenant for rent.
new text end

new text begin (d) This section expires 75 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