SF 2029

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to landlords and tenants; providing for 
  1.3             certain eviction records to be sealed; modifying 
  1.4             requirements for tenant screening reports in the 
  1.5             second and fourth judicial districts; amending 
  1.6             Minnesota Statutes 1998, section 504.30, subdivision 
  1.7             4; proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 484. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [484.014] [HOUSING RECORDS; EXPUNGEMENT OF 
  1.11  EVICTION INFORMATION.] 
  1.12     Subdivision 1.  [DEFINITIONS.] For the purpose of this 
  1.13  section, the following terms have the meanings given: 
  1.14     (1) "expunge" means remove evidence of the court file's 
  1.15  existence from the publicly accessible computer and electronic 
  1.16  records; 
  1.17     (2) "eviction case" means an action brought under sections 
  1.18  566.01 to 566.17; and 
  1.19     (3) "court file" means the court file created when an 
  1.20  eviction case is filed with the court. 
  1.21     Subd. 2.  [DISCRETIONARY EXPUNGEMENT.] The court may order 
  1.22  sealing of an eviction case court file only upon motion of a 
  1.23  defendant and decision by the court, if the court finds that the 
  1.24  plaintiff's case is sufficiently without basis in fact or law, 
  1.25  which may include lack of jurisdiction over the case, that 
  1.26  expungement is clearly in the interests of justice and those 
  1.27  interests are not outweighed by the public's interest in knowing 
  2.1   about the record. 
  2.2      Sec. 2.  Minnesota Statutes 1998, section 504.30, 
  2.3   subdivision 4, is amended to read: 
  2.4      Subd. 4.  [COURT FILE INFORMATION.] (a) If a tenant 
  2.5   screening service includes information from a court file on an 
  2.6   individual in a tenant report, the report must provide the full 
  2.7   name and date of birth of the individual in any case where the 
  2.8   court file includes the individual's full name and date of 
  2.9   birth, and the outcome of the court proceeding must be 
  2.10  accurately recorded in the tenant report including the specific 
  2.11  basis of the court's decision, when available.  If a tenant 
  2.12  screening service knows that a court file has been expunged, the 
  2.13  tenant screening service shall delete any reference to that file 
  2.14  in any data maintained by the screening service.  Whenever the 
  2.15  court supplies information from a court file on an individual, 
  2.16  in whatever form, the court shall include the full name and date 
  2.17  of birth of the individual, if that is indicated on the court 
  2.18  file or summary and information on the outcome of the court 
  2.19  proceeding, including the specific basis of the court's 
  2.20  decision, coded as provided in subdivision 4a for the type of 
  2.21  action, when it becomes available.  The tenant screening service 
  2.22  is not liable under section 504.31 if the tenant screening 
  2.23  service reports complete and accurate information as provided by 
  2.24  the court. 
  2.25     (b) A tenant screening service shall not provide tenant 
  2.26  reports containing information on unlawful detainer actions in 
  2.27  the second and fourth judicial districts, unless the tenant 
  2.28  report accurately records the outcome of the proceeding or other 
  2.29  disposition of the unlawful detainer action such as settlement, 
  2.30  entry of a judgment, default, or dismissal of the action. 
  2.31     Sec. 3.  [EFFECTIVE DATE.] 
  2.32     Sections 1 and 2 are effective on the day following final 
  2.33  enactment.