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Minnesota Legislature

Office of the Revisor of Statutes

SF 1785

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2019 03:50pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4

A bill for an act
relating to housing; providing for a right to counsel in certain public housing
eviction actions; proposing coding for new law in Minnesota Statutes, chapter
504B.

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

Section 1.

new text begin [504B.268] RIGHT TO COUNSEL IN PUBLIC HOUSING; BREACH
OF LEASE EVICTION ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Right to counsel. new text end

new text begin A defendant in public housing subject to an eviction
action under sections 504B.281 to 504B.371 alleging breach of lease under section 504B.171
or 504B.285 who is financially unable to obtain counsel has the right to counsel appointed
by the court. The complaint required by section 504B.321 shall include the notice on the
first page of the complaint in bold 12-point type: "If financially unable to obtain counsel,
the defendant has the right to a court-appointed attorney." At the initial hearing, the court
shall ask the defendant if the defendant wants court-appointed counsel and shall explain
what such appointed counsel can accomplish for the defendant.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications. new text end

new text begin Counsel appointed by the court must (1) have a minimum of
two years' experience handing public housing evictions; (2) have training in handling public
housing evictions; or (3) be supervised by an attorney who meets the minimum qualifications
under clause (1) or (2).
new text end

new text begin Subd. 3. new text end

new text begin Compensation. new text end

new text begin By January, 15, 2020, and every year thereafter, the chief judge
of the judicial district, after consultation with public housing attorneys, legal aid attorneys,
and members of the private bar in the district, shall establish a compensation rate for attorney
fees and costs associated with representation under subdivision 1. The compensation to be
paid to an attorney for such service rendered to a defendant under this subdivision may not
exceed $5,000, exclusive of reimbursement for expenses reasonably incurred, unless payment
in excess of that limit is certified by the chief judge of the district as necessary to provide
fair compensation for services of an unusual character or duration.
new text end