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SF 1470

3rd Engrossment - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:53pm

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; prohibiting eviction actions for nonpayment
of rent against tenants with pending applications for rental assistance; modifying
requirements of 504B; proposing coding for new law in Minnesota Statutes, chapter
12.

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

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 begin EXECUTIVE 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 begin EVICTION 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 begin EVICTIONS; 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