SF 1751

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2019 03:39pm

A bill for an act
relating to housing; expanding eligibility for discretionary and mandatory
expungements for eviction case court files; limiting public access to pending
eviction case court actions; amending Minnesota Statutes 2018, sections 484.014,
subdivisions 2, 3; 504B.321, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 484.014, subdivision 2, is amended to read:

Subd. 2.

Discretionary expungement.

new text begin (a) new text end The court may order expungement of an
eviction case court file deleted text begin only upon motion of a defendant and decision by the court, if the
court finds that the plaintiff's case is sufficiently without basis in fact or law, which may
include lack of jurisdiction over the case, that deleted text end new text begin if the court makes the following findings: (1)
the eviction case court file is no longer a reasonable predictor of future tenant behavior; and
(2) the new text end expungement is clearly in the interests of justice and those interests are not outweighed
by the public's interest in knowing about the record.

new text begin (b) If the court file of an eviction case is at least three years old, there is a rebuttable
presumption in favor of granting an expungement.
new text end

Sec. 2.

Minnesota Statutes 2018, section 484.014, subdivision 3, is amended to read:

Subd. 3.

Mandatory expungement.

The court shall order expungement of an eviction
case new text begin :
new text end

new text begin (1) new text end commenced solely on the grounds provided in section 504B.285, subdivision 1,
clause (1), if the court finds that the defendant occupied real property that was subject to
contract for deed cancellation or mortgage foreclosure and:

deleted text begin (1) deleted text end new text begin (i) new text end the time for contract cancellation or foreclosure redemption has expired and the
defendant vacated the property prior to commencement of the eviction action; or

deleted text begin (2) deleted text end new text begin (ii) new text end the defendant was a tenant during the contract cancellation or foreclosure
redemption period and did not receive a notice under section 504B.285, subdivision 1a, 1b,
or 1c, to vacate on a date prior to commencement of the eviction case deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) if the defendant prevailed on the merits;
new text end

new text begin (3) if the court dismissed the plaintiff's complaint for any reason;
new text end

new text begin (4) if the parties to the action have agreed to an expungement; or
new text end

new text begin (5) upon motion of a defendant, if the case is settled and the defendant fulfills the terms
of the settlement.
new text end

Sec. 3.

Minnesota Statutes 2018, section 504B.321, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Nonpublic record. new text end

new text begin An eviction action is not accessible to the public until the
court enters a final judgment and the court has determined that no mandatory expungements
are required under section 484.014, subdivision 3.
new text end