SF 1584

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the public welfare; creating a task force to study sober houses in
the state and prepare a report; clarifying application of law with respect to
sober houses; prohibiting the waiver of tenant rights and remedies; amending
Minnesota Statutes 2006, section 504B.001, subdivision 7; proposing coding for
new law in Minnesota Statutes, chapters 462; 504B.

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

Section 1. new text begin SOBER HOUSES.
new text end

new text begin Subdivision 1. new text end

new text begin Sober house defined. new text end

new text begin For purposes of this act, a "sober house"
means a cooperative living residence that:
new text end

new text begin (1) provides temporary housing to persons with alcohol or other drug dependency
and abuse problems in exchange for compensation;
new text end

new text begin (2) stipulates residents must abstain from using alcohol or drugs and meet other
requirements as a condition of living in the residence; and
new text end

new text begin (3) does not provide counseling or treatment services to those residents, within the
meaning of Minnesota Statutes, chapter 148C or 254A.
new text end

new text begin Subd. 2. new text end

new text begin Task force creation; membership. new text end

new text begin There is created a sober house task
force which is comprised of the following members:
new text end

new text begin (1) the commissioner of human services or the commissioner's designee;
new text end

new text begin (2) the commissioner of health or the commissioner's designee;
new text end

new text begin (3) the director of the Housing Finance Agency or the director's designee;
new text end

new text begin (4) the commissioner of public safety or the commissioner's designee;
new text end

new text begin (5) the state building official or the official's designee;
new text end

new text begin (6) a representative of local government; and
new text end

new text begin (7) a representative of an entity actively engaged in the operation of a sober house.
new text end

new text begin The members under clauses (6) and (7) must be appointed by the commissioner
of human services.
new text end

new text begin Subd. 3. new text end

new text begin Study; report. new text end

new text begin The task force created in subdivision 2 is directed to
study the issue of sober houses in the state and determine whether state licensing or other
regulation of sober houses is appropriate. The task force shall submit a report of its
findings and recommendations to the legislature by January 1, 2008.
new text end

Sec. 2.

new text begin [462.175] SOBER HOUSES.
new text end

new text begin Notwithstanding any law to the contrary, sober houses are subject to the requirements
of this chapter and any lawful zoning, subdivision, building code, density, occupancy, or
other real estate use law, ordinance, charter provision, or regulation adopted by the state
or a local unit of government in order to promote the public health, safety, and general
welfare. For purposes of this section, a "sober house" has the meaning given in section 1.
new text end

Sec. 3.

Minnesota Statutes 2006, section 504B.001, subdivision 7, is amended to read:

Subd. 7.

Landlord.

"Landlord" means an owner of real property, a contract for deed
vendee, receiver, executor, trustee, lessee, agent, or other person directly or indirectly in
control of rental property. new text begin For purposes of this chapter, a "landlord" includes a sober
house, as defined in section 1.
new text end

Sec. 4.

new text begin [504B.392] WAIVER OF TENANT RIGHTS AND REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Waiver prohibited. new text end

new text begin It shall be unlawful for any landlord to include
in a lease, a provision requiring the tenant to waive or modify any of the rights or remedies
provided by state law or local ordinance. Any attempted waiver or modification by a
landlord and tenant, by contract or otherwise, is contrary to public policy and shall be
void and unenforceable.
new text end

new text begin Subd. 2. new text end

new text begin Attorney general authority. new text end

new text begin The attorney general has authority under
section 8.31 to investigate and prosecute violations of this section.
new text end