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Capital IconMinnesota Legislature

HF 1077

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/28/2021 10:07am

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

Bill Text Versions

Engrossments
Introduction Posted on 02/11/2021
1st Engrossment Posted on 04/09/2021
2nd Engrossment Posted on 04/13/2021
Unofficial Engrossments
1st Unofficial Engrossment Posted on 04/20/2021

Current Version - 2nd Engrossment

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A bill for an act
relating to housing; establishing a budget for the Minnesota Housing Finance
Agency; adopting housing finance agency policy provisions; expanding eligibility
requirements for certain affordable housing, workforce housing, and disaster
recovery programs; increasing the agency debt limit; increasing the individual and
family household income limits under the community land trusts program;
expanding requirements and uses and loan amount under the rehabilitation loan
program; expanding allowable uses of housing infrastructure bonds; refunding
certain deposits to bond issuers; creating the lead safe homes grant program;
creating the Naturally Occurring Affordable Housing grant program; establishing
a task force on shelter resident rights and shelter provider practices; expanding
rental lease covenants and remedies available to tenants; expanding accommodation
requirements for service and support animals; expanding procedural and reporting
requirements for evictions; limiting public access to pending eviction actions;
expanding eligibility for certain expungements of eviction case files; permitting
manufactured homes affixed to certain property to be deemed an improvement to
real property; providing residents an opportunity to purchase manufactured home
parks; making technical and conforming changes; appropriating money; amending
Minnesota Statutes 2020, sections 12A.09, subdivision 3; 256C.02; 273.11,
subdivision 12; 273.125, subdivision 8; 363A.09, subdivision 5; 462A.05,
subdivisions 14, 14a, by adding a subdivision; 462A.07, subdivision 2; 462A.204,
subdivision 3; 462A.22, subdivision 1; 462A.30, subdivision 9; 462A.37,
subdivisions 1, 2; 462A.38, subdivision 1; 462A.39, subdivisions 2, 5; 474A.21;
484.014, subdivisions 2, 3; 504B.001, subdivision 4; 504B.135; 504B.161,
subdivision 1; 504B.211, subdivisions 2, 6; 504B.241, subdivision 4; 504B.245;
504B.321; 504B.331; 504B.335; 504B.345, subdivision 1, by adding a subdivision;
504B.361, subdivision 1; 504B.371, subdivisions 4, 5, 7; 504B.375, subdivision
1; 504B.381, subdivisions 1, 5, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapters 168A; 327C; 462A; 504B; repealing Minnesota
Statutes 2020, sections 168A.141; 327C.096; 504B.341.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agency
for the purposes specified in this article. The appropriations are from the general fund, or
another named fund, and are available for the fiscal years indicated for each purpose. The
figures "2022" and "2023" used in this article mean that the appropriations listed under them
are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively. "The
first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium" is
fiscal years 2022 and 2023.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2022
new text end
new text begin 2023
new text end

Sec. 2. new text beginHOUSING FINANCE AGENCY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 83,798,000
new text end
new text begin $
new text end
new text begin 61,798,000
new text end

new text begin (a) The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin (b) Unless otherwise specified, this
appropriation is for transfer to the housing
development fund for the programs specified
in this section. Except as otherwise indicated,
this transfer is part of the agency's permanent
budget base.
new text end

new text begin Subd. 2. new text end

new text begin Challenge Program
new text end

new text begin 18,925,000
new text end
new text begin 12,925,000
new text end

new text begin (a) This appropriation is for the economic
development and housing challenge program
under Minnesota Statutes, section 462A.33
and 462A.07, subdivision 14.
new text end

new text begin (b) Of this amount, $1,208,000 each year shall
be made available during the first 11 months
of the fiscal year exclusively for housing
projects for American Indians. Any funds not
committed to housing projects for American
Indians in the first 11 months of the fiscal year
shall be available for any eligible activity
under Minnesota Statutes, sections 462A.33
and 462A.07, subdivision 14.
new text end

new text begin Subd. 3. new text end

new text begin Workforce Housing Development
new text end

new text begin 2,000,000
new text end
new text begin 2,000,000
new text end

new text begin This appropriation is for the Greater
Minnesota workforce housing development
program under Minnesota Statutes, section
462A.39. If requested by the applicant and
approved by the agency, funded properties
may include a portion of income and rent
restricted units. Funded properties may include
owner-occupied homes.
new text end

new text begin Subd. 4. new text end

new text begin Manufactured Home Park
Infrastructure Grants
new text end

new text begin 3,000,000
new text end
new text begin 1,000,000
new text end

new text begin This appropriation is for manufactured home
park infrastructure grants under Minnesota
Statutes, section 462A.2035, subdivision 1b.
new text end

new text begin Subd. 5. new text end

new text begin Workforce Homeownership Program
new text end

new text begin 2,000,000
new text end
new text begin 2,000,000
new text end

new text begin (a) This appropriation is for the workforce
homeownership program under Minnesota
Statutes, section 462A.38.
new text end

new text begin (b) The base for this program in fiscal year
2024 and beyond is $750,000.
new text end

new text begin Subd. 6. new text end

new text begin Housing Trust Fund
new text end

new text begin 11,646,000
new text end
new text begin 11,646,000
new text end

new text begin This appropriation is for deposit in the housing
trust fund account created under Minnesota
Statutes, section 462A.201, and may be used
for the purposes provided in that section.
new text end

new text begin Subd. 7. new text end

new text begin Homework Starts with Home
new text end

new text begin 2,250,000
new text end
new text begin 2,250,000
new text end

new text begin This appropriation is for the homework starts
with home program under Minnesota Statutes,
sections 462A.201, subdivision 2, paragraph
(a), clause (4), and 462A.204, subdivision 8,
to provide assistance to homeless or highly
mobile families with children eligible for
enrollment in a prekindergarten through grade
12 academic program.
new text end

new text begin Subd. 8. new text end

new text begin Rental Assistance for Mentally Ill
new text end

new text begin 5,088,000
new text end
new text begin 5,088,000
new text end

new text begin This appropriation is for the rental housing
assistance program for persons with a mental
illness or families with an adult member with
a mental illness under Minnesota Statutes,
section 462A.2097. Among comparable
proposals, the agency shall prioritize those
proposals that target, in part, eligible persons
who desire to move to more integrated,
community-based settings.
new text end

new text begin Subd. 9. new text end

new text begin Family Homeless Prevention
new text end

new text begin 10,269,000
new text end
new text begin 10,269,000
new text end

new text begin This appropriation is for the family homeless
prevention and assistance programs under
Minnesota Statutes, section 462A.204.
new text end

new text begin Subd. 10. new text end

new text begin Home Ownership Assistance Fund
new text end

new text begin 4,385,000
new text end
new text begin 885,000
new text end

new text begin This appropriation is for the home ownership
assistance program under Minnesota Statutes,
section 462A.21, subdivision 8. The agency
shall continue to strengthen its efforts to
address the disparity gap in the
homeownership rate between white
households and Indigenous American Indians
and communities of color. To better
understand and address the disparity gap, the
agency is required to collect, on a voluntary
basis, demographic information regarding
race, color, national origin, and sex of
applicants for agency programs intended to
benefit homeowners and homebuyers.
new text end

new text begin Subd. 11. new text end

new text begin Affordable Rental Investment Fund
new text end

new text begin 4,218,000
new text end
new text begin 4,218,000
new text end

new text begin (a) This appropriation is for the affordable
rental investment fund program under
Minnesota Statutes, section 462A.21,
subdivision 8b, to finance the acquisition,
rehabilitation, and debt restructuring of
federally assisted rental property and for
making equity take-out loans under Minnesota
Statutes, section 462A.05, subdivision 39.
new text end

new text begin (b) The owner of federally assisted rental
property must agree to participate in the
applicable federally assisted housing program
and to extend any existing low-income
affordability restrictions on the housing for
the maximum term permitted.
new text end

new text begin (c) The appropriation also may be used to
finance the acquisition, rehabilitation, and debt
restructuring of existing supportive housing
properties and naturally occurring affordable
housing as determined by the commissioner.
For purposes of this paragraph, "supportive
housing" means affordable rental housing with
links to services necessary for individuals,
youth, and families with children to maintain
housing stability.
new text end

new text begin Subd. 12. new text end

new text begin Owner-Occupied Housing
Rehabilitation
new text end

new text begin 2,772,000
new text end
new text begin 2,772,000
new text end

new text begin (a) This appropriation is for the rehabilitation
of owner-occupied housing under Minnesota
Statutes, section 462A.05, subdivisions 14 and
14a.
new text end

new text begin (b) Notwithstanding any law to the contrary,
grants or loans under this subdivision may be
made without rent or income restrictions of
owners or tenants. To the extent practicable,
grants or loans must be made available
statewide.
new text end

new text begin Subd. 13. new text end

new text begin Rental Housing Rehabilitation
new text end

new text begin 3,743,000
new text end
new text begin 3,743,000
new text end

new text begin (a) This appropriation is for the rehabilitation
of eligible rental housing under Minnesota
Statutes, section 462A.05, subdivision 14. In
administering a rehabilitation program for
rental housing, the agency may apply the
processes and priorities adopted for
administration of the economic development
and housing challenge program under
Minnesota Statutes, section 462A.33, and may
provide grants or forgivable loans if approved
by the agency.
new text end

new text begin (b) Notwithstanding any law to the contrary,
grants or loans under this subdivision may be
made without rent or income restrictions of
owners or tenants. To the extent practicable,
grants or loans must be made available
statewide.
new text end

new text begin Subd. 14. new text end

new text begin Homeownership Education,
Counseling, and Training
new text end

new text begin 1,357,000
new text end
new text begin 857,000
new text end

new text begin This appropriation is for the homeownership
education, counseling, and training program
under Minnesota Statutes, section 462A.209.
new text end

new text begin Subd. 15. new text end

new text begin Lead Safe Homes Grant Program
new text end

new text begin 1,000,000
new text end
new text begin 1,000,000
new text end

new text begin (a) This appropriation is for grants under the
lead safe homes grant program under
Minnesota Statutes, section 462A.2095.
new text end

new text begin (b) The base for this program in fiscal year
2024 and beyond is $750,000.
new text end

new text begin Subd. 16. new text end

new text begin Capacity-Building Grants
new text end

new text begin 645,000
new text end
new text begin 645,000
new text end

new text begin This appropriation is for capacity-building
grants under Minnesota Statutes, section
462A.21, subdivision 3b. Of this amount,
$125,000 each year is for support of the
Homeless Management Information System
(HMIS).
new text end

new text begin Subd. 17. new text end

new text begin Build Wealth MN
new text end

new text begin 500,000
new text end
new text begin 500,000
new text end

new text begin This appropriation is for a grant to Build
Wealth Minnesota to provide a family
stabilization plan program including program
outreach, financial literacy education, and
budget and debt counseling.
new text end

new text begin Subd. 18. new text end

new text begin Local Housing Trust Fund Grants
new text end

new text begin 3,000,000
new text end
new text begin -0-
new text end

new text begin (a) This appropriation is for grants to local
housing trust funds established under
Minnesota Statutes, section 462C.16, to
incentivize local funding.
new text end

new text begin (b) A grantee is eligible to receive a grant
amount equal to 100 percent of the public
revenue committed to the local housing trust
fund from any source other than the state or
federal government, up to $150,000, and in
addition, an amount equal to 50 percent of the
public revenue committed to the local housing
trust fund from any source other than the state
or federal government that is more than
$150,000 but not more than $300,000.
new text end

new text begin (c) $100,000 of this appropriation is for
technical assistance grants to local and
regional housing trust funds. A housing trust
fund may apply for a technical assistance grant
at the time and in the manner and form
required by the agency. The agency shall make
grants on a first-come, first-served basis. A
technical assistance grant must not exceed
$5,000.
new text end

new text begin (d) A grantee must use grant funds within five
years of receipt for purposes: (1) authorized
under Minnesota Statutes, section 462C.16,
subdivision 3; and (2) benefiting households
with incomes at or below 115 percent of the
state median income. A grantee must return
any grant funds not used for these purposes
within eight years of receipt to the
commissioner of the Minnesota Housing
Finance Agency for deposit into the housing
development fund.
new text end

new text begin Subd. 19. new text end

new text begin Naturally Occurring Affordable
Housing Program
new text end

new text begin 6,501,000
new text end
new text begin -0-
new text end

new text begin This appropriation is for loans or grants under
the naturally occurring affordable housing
program under Minnesota Statutes, section
462A.40.
new text end

new text begin Subd. 20. new text end

new text begin Task Force on Shelter Resident Rights
and Shelter Provider Practices
new text end

new text begin 455,000
new text end
new text begin -0-
new text end

new text begin This appropriation is to implement the task
force on shelter resident rights and shelter
provider practices under article 2, section 10.
new text end

new text begin Subd. 21. new text end

new text begin Minnesota Supreme Court
new text end

new text begin 44,000
new text end
new text begin -0-
new text end

new text begin This appropriation is for transfer to the
Minnesota Supreme Court for the temporary
eviction, expungement, and foreclosure
moratorium and remedies due to the
COVID-19 peacetime emergency.
new text end

new text begin Subd. 22. new text end

new text begin Availability and Transfer of Funds
new text end

new text begin Money appropriated in the first year in this
article is available the second year. The
commissioner may shift or transfer money in
the second year in subdivisions 2, 3, 4, 5, 12,
and 13 to address high-priority housing needs.
new text end

ARTICLE 2

HOUSING GRANT PROGRAMS

Section 1.

Minnesota Statutes 2020, section 462A.05, subdivision 14, is amended to read:


Subd. 14.

Rehabilitation loans.

It may agree to purchase, make, or otherwise participate
in the making, and may enter into commitments for the purchase, making, or participation
in the making, of eligible loans for rehabilitation, with terms and conditions as the agency
deems advisable, to persons and families of low and moderate income, and to owners of
existing residential housing for occupancy by such persons and families, for the rehabilitation
of existing residential housing owned by them. The loans may be insured or uninsured and
may be made with security, or may be unsecured, as the agency deems advisable. The loans
may be in addition to or in combination with long-term eligible mortgage loans under
subdivision 3. They may be made in amounts sufficient to refinance existing indebtedness
secured by the property, if refinancing is determined by the agency to be necessary to permit
the owner to meet the owner's housing cost without expending an unreasonable portion of
the owner's income thereon. No loan for rehabilitation shall be made unless the agency
determines that the loan will be used primarily to make the housing more desirable to live
in, to increase the market value of the housing, for compliance with state, county or municipal
building, housing maintenance, fire, health or similar codes and standards applicable to
housing, or to accomplish energy conservation related improvements. In unincorporated
areas and municipalities not having codes and standards, the agency may, solely for the
purpose of administering the provisions of this chapter, establish codes and standards. deleted text beginExcept
for accessibility improvements under this subdivision and subdivisions 14a and 24, clause
(1), no secured loan for rehabilitation of any owner-occupied property shall be made in an
amount which, with all other existing indebtedness secured by the property, would exceed
110 percent of its market value, as determined by the agency.
deleted text end No loan under this subdivision
for the rehabilitation of owner-occupied housing shall be denied solely because the loan
will not be used for placing the owner-occupied residential housing in full compliance with
all state, county, or municipal building, housing maintenance, fire, health, or similar codes
and standards applicable to housing. Rehabilitation loans shall be made only when the
agency determines that financing is not otherwise available, in whole or in part, from private
lenders upon equivalent terms and conditions. Accessibility rehabilitation loans authorized
under this subdivision may be made to eligible persons and families without limitations
relating to the maximum incomes of the borrowers if:

(1) the borrower or a member of the borrower's family requires a level of care provided
in a hospital, skilled nursing facility, or intermediate care facility for persons with
developmental disabilities;

(2) home care is appropriate; and

(3) the improvement will enable the borrower or a member of the borrower's family to
reside in the housing.

The agency may waive any requirement that the housing units in a residential housing
development be rented to persons of low and moderate income if the development consists
of four or less dwelling units, one of which is occupied by the owner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 462A.05, subdivision 14a, is amended to read:


Subd. 14a.

Rehabilitation loans; existing owner-occupied residential housing.

It may
make loans to persons and families of low and moderate income to rehabilitate or to assist
in rehabilitating existing residential housing owned and occupied by those persons or
families. new text beginRehabilitation may include replacement of manufactured homes. new text endNo loan shall be
made unless the agency determines that the loan will be used primarily for rehabilitation
work necessary for health or safety, essential accessibility improvements, or to improve the
energy efficiency of the dwelling. No loan for rehabilitation of owner-occupied residential
housing shall be denied solely because the loan will not be used for placing the residential
housing in full compliance with all state, county or municipal building, housing maintenance,
fire, health or similar codes and standards applicable to housing. The amount of any loan
shall not exceed the lesser of (a) a maximum loan amount determined under rules adopted
by the agency not to exceed deleted text begin$27,000deleted text endnew text begin $35,000new text end, or (b) the actual cost of the work performed,
or (c) that portion of the cost of rehabilitation which the agency determines cannot otherwise
be paid by the person or family without the expenditure of an unreasonable portion of the
income of the person or family. Loans made in whole or in part with federal funds may
exceed the maximum loan amount to the extent necessary to comply with federal lead
abatement requirements prescribed by the funding source. In making loans, the agency shall
determine the circumstances under which and the terms and conditions under which all or
any portion of the loan will be repaid and shall determine the appropriate security for the
repayment of the loan. Loans pursuant to this subdivision may be made with or without
interest or periodic payments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 3.

Minnesota Statutes 2020, section 462A.05, is amended by adding a subdivision to
read:


new text begin Subd. 42. new text end

new text begin Thirty-year affordability covenants. new text end

new text begin The agency must impose rent, income,
or rent and income restrictions on a multifamily rental housing development as a condition
of agency financing as required in this chapter, or as a condition of an allocation or award
of federal low-income housing tax credits. The rent, income, or rent and income restrictions
must be contained in a covenant running with the land for at least 30 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, and applies on or after that
date to any multifamily rental housing development for which the agency allocates
low-income housing tax credits or funding, or with which the agency enters into a financing
or grant agreement.
new text end

Sec. 4.

new text begin [462A.2095] LEAD SAFE HOMES GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota Housing Finance Agency shall establish
a lead safe homes grant program to provide grants to increase lead testing and make
residential rental units lead safe. The initial pilot program shall provide one grant to a project
serving an area in a metropolitan county, as defined in section 473.121, subdivision 4, and
one grant to a project serving an area outside a metropolitan county with a priority for
targeting grant resources to landlords and tenants where there are high concentrations of
lead poisoning in children based on information provided by the commissioner of health.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin (a) Eligible grantees must be a nonprofit or political subdivision
capable of providing funding and services to a defined geographic area. The grant programs
receiving funding under this section must provide lead risk assessments completed by a
lead inspector or a lead risk assessor licensed by the commissioner of health pursuant to
section 144.9505 for properties built before 1978 to determine the presence of lead hazards
and to provide interim controls to reduce lead health hazards. The grant program must
provide funding for testing and lead hazard reduction to:
new text end

new text begin (1) landlords of residential buildings with 11 units or less where the tenant's income
does not exceed 60 percent of area median income;
new text end

new text begin (2) landlords of residential buildings with 12 units or more where at least 50 percent of
the tenants are below 60 percent of the median income; and
new text end

new text begin (3) a tenant with an income that does not exceed 60 percent of area median income.
new text end

new text begin (b) A landlord or tenant must first access other available state and federal funding related
to lead testing and lead hazard reduction for which they are eligible.
new text end

new text begin (c) Up to ten percent of a grant awarded to a nonprofit or political subdivision may be
used to administer the grant and provide education and outreach about lead health hazards.
new text end

new text begin Subd. 3. new text end

new text begin Short title. new text end

new text begin This section shall be known as the "Dustin Luke Shields Act."
new text end

Sec. 5.

Minnesota Statutes 2020, section 462A.22, subdivision 1, is amended to read:


Subdivision 1.

Debt ceiling.

The aggregate principal amount of new text begingeneral obligation new text endbonds
and notes which are outstanding at any time, excluding the principal amount of any bonds
and notes refunded by the issuance of new bonds or notes, shall not exceed the sum of
$5,000,000,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 6.

Minnesota Statutes 2020, section 462A.37, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given.

(b) "Abandoned property" has the meaning given in section 117.025, subdivision 5.

(c) "Community land trust" means an entity that meets the requirements of section
462A.31, subdivisions 1 and 2.

(d) "Debt service" means the amount payable in any fiscal year of principal, premium,
if any, and interest on housing infrastructure bonds and the fees, charges, and expenses
related to the bonds.

(e) "Foreclosed property" means residential property where foreclosure proceedings
have been initiated or have been completed and title transferred or where title is transferred
in lieu of foreclosure.

(f) "Housing infrastructure bonds" means bonds issued by the agency under this chapter
that:

(1) are qualified 501(c)(3) bonds, within the meaning of section 145(a) of the Internal
Revenue Code;

(2) finance qualified residential rental projects within the meaning of section 142(d) of
the Internal Revenue Code;new text begin or
new text end

deleted text begin (3) finance the construction or rehabilitation of single-family houses that qualify for
mortgage financing within the meaning of section 143 of the Internal Revenue Code; or
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end are tax-exempt bonds that are not private activity bonds, within the meaning of
section 141(a) of the Internal Revenue Code, for the purpose of financing or refinancing
affordable housing authorized under this chapter.

(g) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.

(h) "Senior" means a person 55 years of age or older deleted text beginwith an annual income not greater
than 50 percent of:
deleted text endnew text begin.
new text end

deleted text begin (1) the metropolitan area median income for persons in the metropolitan area; or
deleted text end

deleted text begin (2) the statewide median income for persons outside the metropolitan area.
deleted text end

new text begin (i) "Senior household" means a household with one or more senior members and with
a combined annual income not greater than 50 percent of:
new text end

new text begin (1) the metropolitan area median income for persons in the metropolitan area; or
new text end

new text begin (2) the statewide median income for persons outside the metropolitan area.
new text end

deleted text begin (i)deleted text endnew text begin (j)new text end "Senior housing" means housing intended and operated for occupancy by deleted text beginat least
one senior per unit
deleted text endnew text begin senior householdsnew text end with at least 80 percent of the units occupied by deleted text beginat
least one senior per unit
deleted text endnew text begin senior householdsnew text end, and for which there is publication of, and
adherence to, policies and procedures that demonstrate an intent by the owner or manager
to provide housing for seniors. Senior housing may be developed in conjunction with and
as a distinct portion of mixed-income senior housing developments that use a variety of
public or private financing sources.

deleted text begin (j)deleted text endnew text begin (k)new text end "Supportive housing" means housing that is not time-limited and provides or
coordinates with linkages to services necessary for residents to maintain housing stability
and maximize opportunities for education and employment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 7.

Minnesota Statutes 2020, section 462A.37, subdivision 2, is amended to read:


Subd. 2.

Authorization.

(a) The agency may issue up to $30,000,000 in aggregate
principal amount of housing infrastructure bonds in one or more series to which the payment
made under this section may be pledged. The housing infrastructure bonds authorized in
this subdivision may be issued to fund loans, or grants for the purposes of clause (4), on
terms and conditions the agency deems appropriate, made for one or more of the following
purposes:

(1) to finance the costs of the construction, acquisition, and rehabilitation of supportive
housing for individuals and families who are without a permanent residence;

(2) to finance the costs of the acquisition and rehabilitation of foreclosed or abandoned
housing to be used for affordable rental housing and the costs of new construction of rental
housing on abandoned or foreclosed property where the existing structures will be demolished
or removed;

(3) to finance that portion of the costs of acquisition of property that is attributable to
the land to be leased by community land trusts to low- and moderate-income home buyers;

(4) to finance the acquisition, improvement, and infrastructure of manufactured home
parks under section 462A.2035, subdivision 1b;

(5) to finance the costs of acquisition, rehabilitation, adaptive reuse, or new construction
of senior housing;

(6) to finance the costs of acquisition and rehabilitation of federally assisted rental
housing and for the refinancing of costs of the construction, acquisition, and rehabilitation
of federally assisted rental housing, including providing funds to refund, in whole or in part,
outstanding bonds previously issued by the agency or another government unit to finance
or refinance such costs; deleted text beginand
deleted text end

(7) to finance the costs of acquisition, rehabilitation, adaptive reuse, or new construction
of single-family housingdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (8) to finance the costs of construction, acquisition, and rehabilitation of permanent
housing that is affordable to households with incomes at or below 50 percent of the area
median income. "Area median income" means the area median income for the applicable
county or metropolitan area as published by the Department of Housing and Urban
Development, adjusted for household size.
new text end

(b) Among comparable proposals for permanent supportive housing, preference shall
be given to permanent supportive housing for veterans and other individuals or families
who:

(1) either have been without a permanent residence for at least 12 months or at least four
times in the last three years; or

(2) are at significant risk of lacking a permanent residence for 12 months or at least four
times in the last three years.

(c) Among comparable proposals for senior housing, the agency must give priority to
requests for projects that:

(1) demonstrate a commitment to maintaining the housing financed as affordable to
deleted text begin seniorsdeleted text endnew text begin senior householdsnew text end;

(2) leverage other sources of funding to finance the project, including the use of
low-income housing tax credits;

(3) provide access to services to residents and demonstrate the ability to increase physical
supports and support services as residents age and experience increasing levels of disability;new text begin
and
new text end

deleted text begin (4) provide a service plan containing the elements of clause (3) reviewed by the housing
authority, economic development authority, public housing authority, or community
development agency that has an area of operation for the jurisdiction in which the project
is located; and
deleted text end

deleted text begin (5)deleted text endnew text begin (4)new text end include households with incomes that do not exceed 30 percent of the median
household income for the metropolitan area.

new text begin (d) Of comparable proposals for permanent housing, the agency must give preference
to projects that will provide housing that is affordable to households at or below 30 percent
of area median income.
new text end

new text begin (e)new text end To the extent practicable, the agency shall balance the loans made between projects
in the metropolitan area and projects outside the metropolitan area. Of the loans made to
projects outside the metropolitan area, the agency shall, to the extent practicable, balance
the loans made between projects in counties or cities with a population of 20,000 or less,
as established by the most recent decennial census, and projects in counties or cities with
populations in excess of 20,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 8.

Minnesota Statutes 2020, section 462A.39, subdivision 5, is amended to read:


Subd. 5.

Allocation.

The amount of a grant or deferred loans may not exceed deleted text begin25deleted text endnew text begin 50new text end
percent of the rental housing development project cost. The commissioner shall not award
a grant or deferred loans to a city without certification by the city that the amount of the
grant or deferred loans shall be matched by a local unit of government, business, or nonprofit
organization with $1 for every $2 provided in grant or deferred loans funds.

Sec. 9.

new text begin [462A.40] NATURALLY OCCURRING AFFORDABLE HOUSING
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota Housing Finance Agency shall establish
a naturally occurring affordable housing program for the purpose of supporting the
preservation of naturally occurring affordable housing through acquisition and rehabilitation.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "naturally occurring affordable
housing" means multiunit rental housing that:
new text end

new text begin (1) is at least 20 years old;
new text end

new text begin (2) has rents in a majority of units that are affordable to households at or below 60
percent of the area median income;
new text end

new text begin (3) did not receive an initial state or federal government subsidy for its construction;
and
new text end

new text begin (4) does not otherwise receive place-based federal governmental subsidies.
new text end

new text begin Subd. 3. new text end

new text begin Use of funds. new text end

new text begin Funds appropriated for the program under this section shall be
used by the commissioner with the goal of preserving the most units for the lowest income
households for the longest period of time. The commissioner shall make loans or grants
from funds appropriated for the program on an as-needed basis and may approve requests
on a per-application basis from prospective acquirers of naturally occurring affordable
housing or through statewide intermediaries.
new text end

new text begin Subd. 4. new text end

new text begin Voucher requirement. new text end

new text begin Properties that receive funds must accept vouchers
under Section 8 of the United States Housing Act of 1937, as amended.
new text end

Sec. 10. new text beginTASK FORCE ON SHELTER RESIDENT RIGHTS AND SHELTER
PROVIDER PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Director" means the state director of the Minnesota Interagency Council on
Homelessness.
new text end

new text begin (c) "Homeless" or "homelessness" means lacking a fixed, regular, and adequate nighttime
residence, including sharing the housing of other persons due to loss of housing, economic
hardship, or a similar reason.
new text end

new text begin (d) "Resident" means a person residing in a shelter, including all members of a family
unit.
new text end

new text begin (e) "Shelter" means an indoor sleeping and sanitary dwelling, whether in a fixed or
rotating location, intended for individuals and families experiencing homelessness, provided
by a unit of government, a nonprofit organization, or a place of worship. Shelter includes
rooms in hotels or motels paid for by a unit of government or nonprofit organization and
daytime accommodations for individuals or families for whom shelter is provided only
overnight.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin A task force on shelter resident rights and shelter provider
practices is established to:
new text end

new text begin (1) examine experiences of, and issues facing, shelter residents;
new text end

new text begin (2) examine issues facing, and practices of, shelter providers;
new text end

new text begin (3) develop a bill of rights for, and standards of treatment of, individuals and families
residing in shelters;
new text end

new text begin (4) develop shelter provider standards of practice; and
new text end

new text begin (5) examine the establishment of government oversight and registration of the provision
of shelter in Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of the following 24 members appointed
by the director:
new text end

new text begin (1) the commissioner of human services, or a designee;
new text end

new text begin (2) the commissioner of corrections, or a designee;
new text end

new text begin (3) the commissioner of health, or a designee;
new text end

new text begin (4) the commissioner of public safety, or a designee;
new text end

new text begin (5) the commissioner of transportation, or a designee;
new text end

new text begin (6) the commissioner of veterans affairs, or a designee;
new text end

new text begin (7) three individuals who have experienced homelessness and resided in a shelter, one
of whom has resided in a shelter in greater Minnesota;
new text end

new text begin (8) one individual who has experienced homelessness and chose to remain unsheltered;
new text end

new text begin (9) one representative of Street Voices of Change;
new text end

new text begin (10) one representative of Freedom from the Streets;
new text end

new text begin (11) two representatives from organizations that advocate on behalf of persons with
disabilities;
new text end

new text begin (12) one representative from an organization that advocates on behalf of persons
experiencing homelessness;
new text end

new text begin (13) one representative from an organization that provides legal services to persons
experiencing homelessness;
new text end

new text begin (14) four representatives of organizations representing shelter providers, two of which
must provide shelter in the seven-county metropolitan area, two of which must provide
shelter in greater Minnesota, one of which must also provide shelter to families, and one of
which must also be a victim service provider that is funded to provide shelter to survivors
of domestic violence and sexual assault;
new text end

new text begin (15) two representatives from the League of Minnesota Cities, one of whom must
represent cities in greater Minnesota; and
new text end

new text begin (16) two representatives from the Association of Minnesota Counties, one of whom
must represent counties in greater Minnesota.
new text end

new text begin (b) Appointments must be made no later than July 1, 2021.
new text end

new text begin (c) Task force members shall serve without compensation, except for members who are
individuals who have experienced homelessness and resided in a shelter or who are
individuals representing shelter providers. Members eligible for compensation shall receive
expenses as provided in Minnesota Statutes, section 15.059, subdivision 6.
new text end

new text begin (d) Vacancies shall be filled by the director consistent with the qualifications of the
vacating member required by this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Meetings; officers. new text end

new text begin (a) The director shall convene the first meeting of the task
force no later than August 15, 2021, and shall provide physical or virtual meeting space as
necessary for the task force to conduct its work.
new text end

new text begin (b) At its first meeting, the task force shall elect a chair and vice-chair from among the
task force members and may elect other officers as necessary.
new text end

new text begin (c) The task force shall meet according to a schedule determined by the members or
upon the call of its chair. The task force shall meet as often as necessary to accomplish the
duties under subdivision 5.
new text end

new text begin (d) Meetings of the task force are subject to Minnesota Statutes, chapter 13D.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin (a) The task force must seek input from:
new text end

new text begin (1) individuals who are experiencing or who have experienced homelessness and reside
or have resided in a shelter, including individuals experiencing homelessness in urban,
suburban, and rural areas of the state;
new text end

new text begin (2) providers of shelter, including winter shelter, cold weather shelter, family shelter,
youth shelter, and shelter for survivors of domestic abuse or sexual violence; providers who
are funded by state, city, or local governments; providers who operate with nonpublic funds;
providers who provide shelter in urban and suburban areas; providers who provide shelter
in greater Minnesota; and providers of shelter in apartments, hotels, and motels;
new text end

new text begin (3) relevant state agencies that serve persons experiencing homelessness or persons who
are at risk of becoming homeless; and
new text end

new text begin (4) any other persons or organizations with experience or expertise in homelessness,
homeless outreach, or homeless prevention.
new text end

new text begin (b) The task force must:
new text end

new text begin (1) conduct research into and analyze establishing government oversight and registration
of homeless shelters in Minnesota; and
new text end

new text begin (2) identify and analyze policies, rights, and responsibilities of shelter residents and
shelter providers regarding, at a minimum:
new text end

new text begin (i) the treatment of shelter residents with dignity and respect, including but not limited
to addressing conflict resolution, ensuring cultural sensitivity, engaging people with mental
illnesses, implementing crisis response, and providing trauma-informed services;
new text end

new text begin (ii) shelter terminations and appeals;
new text end

new text begin (iii) remedies for and enforcement of shelter resident rights violations and illegal
terminations;
new text end

new text begin (iv) time limits on residency and policies on temporary absences;
new text end

new text begin (v) security and personal safety of shelter residents;
new text end

new text begin (vi) staffing ratios;
new text end

new text begin (vii) appropriate, adequate, and safe storage and protection of resident property and
personal information during a resident's stay and following a resident's exit from shelter;
new text end

new text begin (viii) maintaining family units while in shelter;
new text end

new text begin (ix) preventing discrimination based on race, color, creed, ethnicity, national origin,
citizenship, gender, gender identity, sexual orientation, familial status, marital status, veteran
status, immigration status, status with regard to public assistance, disability, religion, or
age;
new text end

new text begin (x) seizure of persons and property;
new text end

new text begin (xi) the expectation of the resident's personal property privacy;
new text end

new text begin (xii) access to emergency and nonemergency medical and dental care;
new text end

new text begin (xiii) access to hygiene and sanitary products;
new text end

new text begin (xiv) maintenance of cleanliness of the facilities;
new text end

new text begin (xv) accommodations for a resident's nontraditional work hours and schedules,
circumstances involving members of the resident's immediate family who do not reside in
the shelter, and other extenuating life circumstances;
new text end

new text begin (xvi) reasonable accommodations for residents with disabilities, including residents with
physical, developmental, and communication challenges; residents whose primary language
is not English; and residents with food and other allergies or dietary restrictions;
new text end

new text begin (xvii) the provision of information regarding shelter policies, procedures, rules,
restrictions, and notices of eviction;
new text end

new text begin (xviii) the filing of grievances; and
new text end

new text begin (xix) the provision of case management, referral, and other supports regarding housing,
supportive housing, mental health, physical health, substance abuse, government assistance,
and employment services and resources.
new text end

new text begin (c) The task force must review the application of housing support payments under
Minnesota Statutes, section 256I.06, for shelter purposes and personal allowance policies
to determine how residents can retain a maximum amount of their income.
new text end

new text begin (d) The task force shall develop recommendations for the establishment of a statewide
shelter call line to ensure that all residents are receiving adequate service in a shelter. The
task force shall evaluate the appropriate state agency, nonprofit organization, or other entity
to house and operate the call line and the funding necessary to establish and maintain the
ongoing operation of the call line.
new text end

new text begin (e) The task force may examine any other related issues consistent with this section.
new text end

new text begin Subd. 6. new text end

new text begin Administrative support. new text end

new text begin The Minnesota Housing Finance Agency must provide
administrative support and meeting space for the task force.
new text end

new text begin Subd. 7. new text end

new text begin Report. new text end

new text begin (a) No later than February 1, 2022, the task force shall submit an initial
report to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over housing and preventing homelessness on
the findings and recommendations for:
new text end

new text begin (1) legislation establishing:
new text end

new text begin (i) a bill of rights for, and uniform standards of treatment of, individuals and families
residing in a shelter;
new text end

new text begin (ii) shelter provider standards of practice; and
new text end

new text begin (iii) a statewide shelter call line; and
new text end

new text begin (2) the establishment of government oversight and registration of the provision of shelter
in Minnesota.
new text end

new text begin (b) No later than August 31, 2022, the task force shall submit a final report to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over housing and preventing homelessness on the findings and
recommendations listed in paragraph (a).
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The task force expires the day following submission of the final
report under subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

ARTICLE 3

AFFORDABLE HOUSING ELIGIBILITY

Section 1.

Minnesota Statutes 2020, section 12A.09, subdivision 3, is amended to read:


Subd. 3.

Capacity building grants.

Grants may be made under section 462A.21,
subdivision 3b
deleted text begin,deleted text endnew text begin:
new text end

new text begin (1) new text endto local units of government, including regional consortia, in the disaster area deleted text beginanddeleted text endnew text begin;
new text end

new text begin (2) tonew text end nonprofit organizationsnew text begin; and
new text end

new text begin (3) to federally recognized American Indian Tribes or subdivisions located in Minnesota,
and Tribal housing corporations
new text end

working in the disaster area to assess housing and related needs, develop and implement
community or regional plans to meet those needs, and provide capacity to implement recovery
plans.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 462A.07, subdivision 2, is amended to read:


Subd. 2.

Technical assistance; residential housing.

It may provide general technical
servicesnew text begin and supportnew text end to assist in the planning, processing, design, construction or
rehabilitation, and inspection of residential housing for occupancy by persons and families
of low and moderate incomenew text begin and to increase the capacity of entities to meet the housing
needs in the state
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 3.

Minnesota Statutes 2020, section 462A.204, subdivision 3, is amended to read:


Subd. 3.

Set aside.

At least one grant must be awarded in an area located outside of the
metropolitan area. A county, a group of contiguous counties jointly acting together, a Tribe,
a group of Tribes, or a community-based nonprofit organization deleted text beginwith a sponsoring resolution
from each of the county boards of the counties located within its operating jurisdiction
deleted text end may
apply for and receive grants deleted text beginfor areas located outside the metropolitan areadeleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 4.

Minnesota Statutes 2020, section 462A.38, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

A workforce and affordable homeownership development
program is established to award homeownership development grants tonew text begin:
new text end

new text begin (1) new text endcitiesdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2) counties;
new text end

new text begin (3) new text endTribal governmentsdeleted text begin,deleted text endnew text begin;
new text end

new text begin (4) new text endnonprofit organizationsdeleted text begin,deleted text endnew text begin;
new text end

new text begin (5) new text endcooperatives created under chapter 308A or 308Bdeleted text begin,deleted text endnew text begin;new text end and

new text begin (6) new text endcommunity land trusts created for the purposes outlined in section 462A.31,
subdivision
1,

for development of workforce and affordable homeownership projects. The purpose of the
program is to increase the supply of workforce and affordable, owner-occupied multifamily
or single-family housing throughout Minnesota.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 5.

Minnesota Statutes 2020, section 462A.39, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) For purposes of this section, the following terms have the
meanings given.

(b) "Eligible project area" means a home rule charter or statutory city located outside
of the metropolitan area as defined in section 473.121, subdivision 2, with a population
exceeding 500; a community that has a combined population of 1,500 residents located
within 15 miles of a home rule charter or statutory city located outside the metropolitan
area as defined in section 473.121, subdivision 2; new text beginfederally recognized Tribal reservations;
new text end or an area served by a joint county-city economic development authority.

(c) "Joint county-city economic development authority" means an economic development
authority formed under Laws 1988, chapter 516, section 1, as a joint partnership between
a city and county and excluding those established by the county only.

(d) "Market rate residential rental properties" means properties that are rented at market
value, including new modular homes, new manufactured homes, and new manufactured
homes on leased land or in a manufactured home park, and may include rental developments
that have a portion of income-restricted units.

(e) "Qualified expenditure" means expenditures for market rate residential rental
properties including acquisition of property; construction of improvements; and provisions
of loans or subsidies, grants, interest rate subsidies, public infrastructure, and related financing
costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 6.

Minnesota Statutes 2020, section 462A.39, subdivision 5, is amended to read:


Subd. 5.

Allocation.

The amount of a grant or deferred loans may not exceed 25 percent
of the rental housing development project cost. The commissioner shall not award a grant
or deferred loans to deleted text begina citydeleted text end new text beginan eligible project area new text endwithout certification by the deleted text begincitydeleted text end new text begineligible
project area
new text endthat the amount of the grant or deferred loans shall be matched bynew text begin:
new text end

new text begin (1) new text enda local unit of governmentdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2) a new text endbusinessdeleted text begin, ordeleted text endnew text begin;
new text end

new text begin (3) a new text endnonprofit organizationnew text begin; or
new text end

new text begin (4) a federally recognized Tribe
new text end

with $1 for every $2 provided in grant or deferred loans funds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

ARTICLE 4

HOUSING FINANCE TECHNICAL AND CONFORMING CHANGES

Section 1.

Minnesota Statutes 2020, section 273.11, subdivision 12, is amended to read:


Subd. 12.

Community land trusts.

(a) A community land trust, as defined under chapter
462A, is (i) a community-based nonprofit corporation organized under chapter 317A, which
qualifies for tax exempt status under 501(c)(3), or (ii) a "city" as defined in section 462C.02,
subdivision 6
, which has received funding from the Minnesota housing finance agency for
purposes of the community land trust program. The Minnesota Housing Finance Agency
shall set the criteria for community land trusts.

(b) deleted text beginAll occupants of a community land trust building must have a family income of less
than 80 percent of the greater of (1) the state median income, or (2) the area or county
median income, as most recently determined by the Department of Housing and Urban
Development.
deleted text end Before the community land trust can rent or sell a unit to an applicant, the
community land trust shall verify to the satisfaction of the administering agency or the city
that the family income of each person or family applying for a unit in the community land
trust building is within the income criteria provided in this paragraph. The administering
agency or the city shall verify to the satisfaction of the county assessor that the occupant
meets the income criteria under this paragraph. The property tax benefits under paragraph
(c) shall be granted only to property owned or rented by persons or families within the
qualifying income limits. The family income criteria and verification is only necessary at
the time of initial occupancy in the property.

(c) A unit which is owned by the occupant and used as a homestead by the occupant
qualifies for homestead treatment as class 1a under section 273.13, subdivision 22. A unit
which is rented by the occupant and used as a homestead by the occupant shall be class 4a
or 4b property, under section 273.13, subdivision 25, whichever is applicable. Any remaining
portion of the property not used for residential purposes shall be classified by the assessor
in the appropriate class based upon the use of that portion of the property owned by the
community land trust. The land upon which the building is located shall be assessed at the
same classification rate as the units within the building, provided that if the building contains
some units assessed as class 1a and some units assessed as class 4a or 4b, the market value
of the land will be assessed in the same proportions as the value of the building.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 462A.30, subdivision 9, is amended to read:


Subd. 9.

Persons and families of low and moderate income.

"Persons and families of
low and moderate income" means persons or families whose income does not exceed:

(1) deleted text begin80deleted text endnew text begin 115new text end percent of the greater of state median income, or area or county median
income as determined by the Department of Housing and Urban Development; or

(2) the amount that qualifies the organization for tax exempt status under United States
Code, title 26, section 501(c)(3), whichever is less.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

ARTICLE 5

BONDING PROVISIONS

Section 1.

Minnesota Statutes 2020, section 474A.21, is amended to read:


474A.21 APPROPRIATION; RECEIPTS.

Any fees collected by the department under sections 474A.01 to 474A.21 must be
deposited in a separate account in the deleted text begingeneraldeleted text endnew text begin special revenuenew text end fund. The amount necessary
to refund application deposits is appropriated to the department from the separate account
in the deleted text begingeneraldeleted text endnew text begin special revenuenew text end fund for that purpose. The interest accruing on application
deposits and any application deposit not refunded as provided under section 474A.061,
subdivision 4
or 7, or 474A.091, subdivision 5, or forfeited as provided under section
474A.131, subdivision 1, paragraph (b), or subdivision 2, must be deposited in the housing
trust fund account under section 462A.201.

Sec. 2. new text beginHOUSING POOL BONDING AUTHORITY APPLICATION DEPOSIT
REFUND.
new text end

new text begin Notwithstanding Minnesota Statutes, sections 474A.061, subdivisions 1a, paragraph (a),
and 7; and 474A.21, due to the unique circumstances of the COVID-19 pandemic, issuers
that returned all of their allocation of bonding authority from the 2020 housing pool shall
receive a refund of the amount of the application deposit submitted with the issuer's 2020
housing pool application, less any amount previously refunded. Any application deposit
money that has not yet been transferred under Minnesota Statutes, section 474A.21, as of
the date of final enactment that is connected to full returns of bonding authority from the
2020 housing pool is not required to be deposited in the fund under Minnesota Statutes,
section 462A.201; and the department may instead retain that money in the separate account
in the special revenue fund under Minnesota Statutes, section 474A.21. The amount necessary
to refund the application deposits under this section is appropriated to the department from
the separate account in the special revenue fund under Minnesota Statutes, section 474A.21.
For purposes of this section, "department" means the Department of Management and
Budget.
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

ARTICLE 6

RESIDENTIAL RENTAL HOUSING POLICY

Section 1.

Minnesota Statutes 2020, section 256C.02, is amended to read:


256C.02 PUBLIC ACCOMMODATIONS.

People who are blind or people with a visual or physical disability have the same right
as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways,
public buildings, public facilities, and other public places; and are entitled to full and equal
accommodations, advantages, facilities, and privileges of all common carriers, airplanes,
motor vehicles, railroad trains, motor buses, boats, or any other public conveyances or
modes of transportation, hotels, lodging places, places of public accommodation, amusement,
or resort, and other places to which the general public is invited, subject only to the conditions
and limitations established by law and applicable alike to all persons.

Every person who is totally or partially blind, or person who is deaf, or person with a
physical disability, or any person training a dog to be a service dog shall have the right to
be accompanied by a service dog in any of the places listed in section 363A.19. The person
shall be liable for any damage done to the premises or facilities by such dog. deleted text beginThe service
dog must be capable of being properly identified as from a recognized school for seeing
eye, hearing ear, service, or guide dogs.
deleted text end

Sec. 2.

Minnesota Statutes 2020, section 363A.09, subdivision 5, is amended to read:


Subd. 5.

Real property full and equal access.

It is an unfair discriminatory practice
for a person to deny full and equal access to real property provided for in sections 363A.08
to 363A.19, and 363A.28, subdivision 10, to a person who deleted text beginis totally or partially blind, deaf,
or has a physical or sensory
deleted text endnew text begin has anew text end disability and who uses a service animaldeleted text begin, if the service
animal can be properly identified as being from a recognized program which trains service
animals to aid persons who are totally or partially blind or deaf or have physical or sensory
disabilities
deleted text end. The person may not be required to pay extra compensation for the service animal
but is liable for damage done to the premises by the service animal.

Sec. 3.

Minnesota Statutes 2020, section 484.014, subdivision 2, is amended to read:


Subd. 2.

Discretionary expungement.

The court may order expungement of an eviction
case court file deleted text beginonly 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 endnew 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.

Sec. 4.

Minnesota Statutes 2020, section 484.014, subdivision 3, is amended to read:


Subd. 3.

Mandatory expungement.

The court shall order expungement of an eviction
casenew 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 endnew 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 endnew 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 casedeleted text begin.deleted text endnew 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;
new text end

new text begin (5) if the court finds an eviction was ordered at least three years prior to the date the
expungement was filed; or
new text end

new text begin (6) upon motion of a defendant, if the case is settled and the defendant fulfills the terms
of the settlement.
new text end

Sec. 5.

Minnesota Statutes 2020, section 504B.001, subdivision 4, is amended to read:


Subd. 4.

Evict or eviction.

"Evict" or "eviction" means a deleted text beginsummarydeleted text end court proceeding to
remove a tenant or occupant from or otherwise recover possession of real property by the
process of law set out in this chapter.

Sec. 6.

new text begin [504B.113] SERVICE AND SUPPORT ANIMAL DOCUMENTATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Service animal" has the meaning given in Code of Federal Regulations, title 28,
section 36.104, as amended.
new text end

new text begin (c) "Support animal" means an animal that: (1) provides emotional support that alleviates
one or more identified symptoms or effects of a person's disability; and (2) does not need
to be trained to perform a specific disability-related task.
new text end

new text begin (d) "Tenant" means a current tenant or a prospective tenant.
new text end

new text begin (e) "Licensed professional" means a provider of care who is:
new text end

new text begin (1) a person licensed by the Board of Medical Practice under chapter 147;
new text end

new text begin (2) a physician assistant licensed under chapter 147A;
new text end

new text begin (3) a nurse, as defined in section 148.171, subdivision 9, licensed under chapter 148;
new text end

new text begin (4) a psychologist licensed under chapter 148;
new text end

new text begin (5) a mental health professional licensed under chapter 148B;
new text end

new text begin (6) a social worker licensed under chapter 148E;
new text end

new text begin (7) a counselor licensed under chapter 148F; or
new text end

new text begin (8) any professional listed in clauses (1) to (7) who holds a valid license in any other
state, provided the professional has an existing treatment relationship with the tenant
requesting a reasonable accommodation.
new text end

new text begin A licensed professional does not include any person who operates primarily to provide
certification for a service or support animal.
new text end

new text begin (f) "Reasonable accommodation" means the granting of a waiver by a landlord of a
no-pets or pet-fee policy for a person with a disability consistent with the Fair Housing Act,
United States Code, title 42, sections 3601 to 3619, as amended, and section 504 of the
Rehabilitation Act of 1973, United States Code, title 29, section 701, as amended.
new text end

new text begin (g) "Disability" has the meaning given in section 363A.03, subdivision 12.
new text end

new text begin Subd. 2. new text end

new text begin Request for documentation permitted. new text end

new text begin (a) A landlord may require a tenant
to provide supporting documentation for each service or support animal for which the tenant
requests a reasonable accommodation under any provision of law. A landlord must not
require supporting documentation from a tenant if the tenant's disability or disability-related
need for a service or support animal is readily apparent or already known to the landlord.
new text end

new text begin (b) Upon a landlord's request, the tenant must provide supporting documentation from
a licensed professional confirming the tenant's disability and the relationship between the
tenant's disability and the need for a service or support animal. A landlord must not require
the tenant to disclose or provide access to medical records or medical providers or provide
any other information or documentation of a person's physical or mental disability.
new text end

new text begin Subd. 3. new text end

new text begin Additional fees or deposits prohibited. new text end

new text begin A landlord must not require a tenant
with a reasonable accommodation under this section to pay an additional fee, charge, or
deposit for the service or support animal. A tenant is liable to the landlord for any damage
to the premises caused by the service or support animal.
new text end

new text begin Subd. 4. new text end

new text begin Prohibited conduct. new text end

new text begin A tenant must not, directly or indirectly through statements
or conduct, knowingly:
new text end

new text begin (1) misrepresent themselves as a person with a disability that requires the use of a service
or support animal; or
new text end

new text begin (2) provide fraudulent supporting documentation under this section.
new text end

new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin If a tenant violates this section, the landlord may deny the tenant's
rental application or reasonable accommodation request for a service or support animal.
Nothing in this section shall be construed to prohibit an eviction action based on a breach
of the lease.
new text end

Sec. 7.

new text begin [504B.116] PRORATED RENT REQUIRED.
new text end

new text begin When a lease term for a residential unit ends on a date before the last day of the final
month, the amount of rent to be paid for the final month owed for the final month of rent
must be prorated at the average daily rate for that month so that the tenant only pays for the
actual number of days that occupancy is allowed. This provision applies to all leases,
including leases requiring the last month of rent to be paid in advance. Any attempted waiver
of this section by a landlord and tenant, by contract or otherwise, shall be void and
unenforceable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to leases
entered into on or after that date.
new text end

Sec. 8.

new text begin [504B.120] PROHIBITED FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited fees. new text end

new text begin Except for actual services rendered for an optional
service offered by the landlord, a landlord shall not charge a tenant any nonrefundable fee
in relation to a residential tenancy.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin A landlord who violates this section is liable to the residential tenant
for each unenforceable fee for three times the amount of each fee imposed that was not for
an actual optional service or $500, whichever is greater, and the court may award the tenant
reasonable attorney's fees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to leases signed on or after August 1, 2021.
new text end

Sec. 9.

Minnesota Statutes 2020, section 504B.135, is amended to read:


504B.135 TERMINATING TENANCY AT WILL.

deleted text begin (a)deleted text end A tenancy at will may be terminated by either party by giving notice in writing. The
time of the notice must be at least as long as the interval between the time rent is due or
three months, whichever is less.

deleted text begin (b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may
terminate the tenancy by giving the tenant 14 days notice to quit in writing.
deleted text end

Sec. 10.

new text begin [504B.144] EARLY RENEWAL.
new text end

new text begin When a landlord and a tenant sign a residential lease for a term that is at least ten months,
the landlord must not require the tenant to renew the lease until at least four months have
passed since the tenant occupied the unit. Any attempted waiver of this section by a landlord
and tenant, by contract or otherwise, shall be void and unenforceable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to leases
entered into on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2020, section 504B.161, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) In every lease or license of residential premises, the
landlord or licensor covenants:

(1) that the premises and all common areas are fit for the use intended by the parties;

(2) to keep the premises in reasonable repair during the term of the lease or license,
except when the disrepair has been caused by the willful, malicious, or irresponsible conduct
of the tenant or licensee or a person under the direction or control of the tenant or licensee;

(3) to make the premises reasonably energy efficient by installing weatherstripping,
caulking, storm windows, and storm doors when any such measure will result in energy
procurement cost savings, based on current and projected average residential energy costs
in Minnesota, that will exceed the cost of implementing that measure, including interest,
amortized over the ten-year period following the incurring of the cost; deleted text beginand
deleted text end

(4) to maintain the premises in compliance with the applicable health and safety laws
of the state, and of the local units of government where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licenseedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) to supply or furnish heat at a minimum temperature of at least 68 degrees Fahrenheit,
measured at a distance of 36 inches above floor level, and not closer than 36 inches from
any wall, from October 1 through April 30.
new text end

(b) The parties to a lease or license of residential premises may not waive or modify the
covenants imposed by this section.

Sec. 12.

Minnesota Statutes 2020, section 504B.211, subdivision 2, is amended to read:


Subd. 2.

Entry by landlord.

Except as provided in subdivision 4, a landlord may enter
the premises rented by a residential tenant new text beginwithout the residential tenant's permissionnew text end only
for a reasonable business purpose and after making a good faith effort to give the residential
tenant reasonable notice under the circumstances of new text beginnot less than 24 hours in advance of
new text end the intent to enter. new text beginThe notice must specify a time of entry that does not exceed four hours
and the landlord may only enter between the hours of 8:00 a.m. and 8:00 p.m. A residential
tenant may withdraw the residential tenant's permission at any time.
new text end A residential tenant
may not waive and the landlord may not require the residential tenant to waive the residential
tenant's right to prior notice of entry under this section as a condition of entering into or
maintaining the lease.

Sec. 13.

Minnesota Statutes 2020, section 504B.211, subdivision 6, is amended to read:


Subd. 6.

Penalty.

If a landlord deleted text beginsubstantiallydeleted text end violates deleted text beginsubdivision 2deleted text endnew text begin this sectionnew text end, the
residential tenant is entitled to a penalty which may include a rent reduction up to full
rescission of the lease, recovery of any damage deposit less any amount retained under
section 504B.178, and deleted text beginup to a $100 civil penalty for each violation. If a landlord violates
subdivision 5, the residential tenant is entitled to up to a $100 civil penalty for each violation
deleted text endnew text begin
damages not less than an amount equal to one month's rent and reasonable attorney fees
new text end. A
residential tenant deleted text beginshalldeleted text endnew text begin maynew text end follow the procedures in sections 504B.381, 504B.385, and
504B.395 to 504B.471 to enforce the provisions of this section.new text begin A violation of this section
by the landlord is a violation of section 504B.161.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to matters commenced on or after August
1, 2021.
new text end

Sec. 14.

Minnesota Statutes 2020, section 504B.241, subdivision 4, is amended to read:


Subd. 4.

Court file information.

new text begin(a) new text endIf a residential tenant screening service includes
information from a court file on an individual in a residential tenant report, the report must
provide the full name and date of birth of the individual in any case where the court file
includes the individual's full name and date of birth, and the outcome of the court proceeding
must be accurately recorded in the residential tenant report including the specific basis of
the court's decision, when available.

new text begin (b)new text end If a tenant screening service knows that a court file has been expungednew text begin or that the
court file has not resulted in a writ of recovery of premises and order to vacate, as defined
in section 504B.001, subdivision 15
new text end, the tenant screening service shall delete any reference
to that file in any data maintained or disseminated by the screening service. new text beginEvery tenant
screening service has an affirmative duty to update and verify the current status of court
files by accessing the Minnesota Court Information System no more than 24 hours prior to
issuing a residential tenant screening report. If a file cannot be found, it shall be presumed
to be expunged and may not be reported.
new text end

new text begin (c) new text endWhenever the court supplies information from a court file on an individual, in
whatever form, the court shall include the full name and date of birth of the individual, if
that is indicated on the court file or summary, and information on the outcome of the court
proceeding, including the specific basis of the court's decision, coded as provided in
subdivision 5 for the type of action, when it becomes available.

new text begin (d)new text end The residential tenant screening service is not liable under section 504B.245 if the
residential tenant screening service reports complete and accurate information as provided
by the courtnew text begin, consistent with paragraph (b)new text end.

Sec. 15.

Minnesota Statutes 2020, section 504B.245, is amended to read:


504B.245 TENANT REPORT; REMEDIES.

deleted text begin The remedies provided in section 8.31 apply todeleted text end new text beginA residential tenant aggrieved by new text enda
violation of section 504B.241new text begin is entitled to recover damages, together with costs and
disbursements, including costs of investigation and attorney fees, and receive other equitable
relief as determined by the court
new text end. deleted text beginA residential tenant screening service or landlord in
compliance with the provisions of the Fair Credit Reporting Act, United States Code, title
15, section 1681, et seq., is considered to be in compliance with section 504B.241.
deleted text end

Sec. 16.

new text begin [504B.266] TERMINATION OF LEASE UPON INFIRMITY OF TENANT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Authorized representative" means a person acting as an attorney-in-fact under a
power of attorney under section 523.24 or a court-appointed conservator or guardian under
chapter 524.
new text end

new text begin (c) "Disability" means any condition or characteristic that is a physical, sensory, or
mental impairment that materially limits one or more major life activity.
new text end

new text begin (d) "Medical care facility" means:
new text end

new text begin (1) a nursing home, as defined in section 144A.01, subdivision 5;
new text end

new text begin (2) hospice care, as defined in section 144A.75, subdivision 8;
new text end

new text begin (3) a residential hospice facility, as defined in section 144A.75, subdivision 13;
new text end

new text begin (4) boarding care, as licensed under chapter 144 and regulated by the Department of
Health under Minnesota Rules, chapter 4655;
new text end

new text begin (5) a supervised living facility, as licensed under chapter 144;
new text end

new text begin (6) a facility providing assisted living, as defined in section 144G.01, subdivision 2;
new text end

new text begin (7) an accessible unit, as defined in section 363A.40, subdivision 1, paragraph (b);
new text end

new text begin (8) a state facility as defined in section 246.50, subdivision 3;
new text end

new text begin (9) a facility providing a foster care for adults program as defined in section 245A.02,
subdivision 6c; or
new text end

new text begin (10) a facility providing intensive residential treatment services as defined in section
256B.0622, subdivision 2, paragraph (n).
new text end

new text begin (e) "Medical professional" means:
new text end

new text begin (1) a physician who is currently licensed to practice medicine under section 147.02,
subdivision 1;
new text end

new text begin (2) an advanced practice registered nurse, as defined in section 148.171, subdivision 3;
or
new text end

new text begin (3) a mental health professional as defined in sections 245.462, subdivision 18, clauses
(1) to (6), and 245.4871, subdivision 27, clauses (1) to (5).
new text end

new text begin Subd. 2. new text end

new text begin Termination of lease upon infirmity of tenant. new text end

new text begin (a) A tenant or the authorized
representative of the tenant may terminate the lease prior to the expiration of the lease in
the manner provided in subdivision 3 if the tenant has, or if there is more than one tenant
all the tenants have, been found by a medical professional to need to move into a medical
care facility and:
new text end

new text begin (1) require assistance with instrumental activities of daily living or personal activities
of daily living due to medical reasons or a disability;
new text end

new text begin (2) meet one of the nursing facility level of care criteria under section 144.0724,
subdivision 11; or
new text end

new text begin (3) have a disability or functional impairment in three or more of the areas listed in
section 245.462, subdivision 11a, so that self-sufficiency is markedly reduced because of
a mental illness.
new text end

new text begin (b) When a tenant requires an accessible unit as defined in section 363A.40, subdivision
1, and the landlord can provide an accessible unit in the same complex where the tenant
currently resides that is available within two months of the request, the provisions of this
section do not apply and the tenant may not terminate the lease.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin When the conditions in subdivision 2 have been met, the tenant or the
tenant's authorized representative may terminate the lease by providing at least two months'
written notice to be effective on the last day of a calendar month. The notice must be either
hand-delivered or mailed by postage prepaid, first class mail. The notice must include: (1)
a copy of the medical professional's written documentation of the infirmity; and (2)
documentation showing that the tenant has been accepted as a resident or has a pending
application at a location where the medical professional has indicated that the tenant needs
to move. The termination of a lease under this section shall not relieve the eligible tenant
from liability either for the payment of rent or other sums owed prior to or during the notice
period, or for the payment of amounts necessary to restore the premises to their condition
at the commencement of the tenancy, ordinary wear and tear excepted.
new text end

new text begin Subd. 4. new text end

new text begin Waiver prohibited. new text end

new text begin Any waiver of the rights of termination provided by this
section, including lease provisions or other agreements that require a longer notice period
than those provided for in this section, shall be void and unenforceable.
new text end

new text begin Subd. 5. new text end

new text begin Other laws. new text end

new text begin Nothing in this section affects the rights or remedies available in
this chapter or other law, including but not limited to chapter 363A.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to leases
entered into or renewed on or after January 1, 2022. For the purposes of this section, estates
at will shall be deemed to be renewed at the commencement of each rental period.
new text end

Sec. 17.

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. For the purposes of this
section "public housing" has the meaning provided in and regulated by United States Code,
title 42, section 1437 et. seq., and Code of Federal Regulations, title 24, parts 5 and 902-990,
and a defendant is considered eligible for counsel due to financial need based on the
defendant's qualification for public housing.
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, 2022, 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

Sec. 18.

Minnesota Statutes 2020, section 504B.321, is amended to read:


504B.321 COMPLAINT AND SUMMONS.

Subdivision 1.

Procedure.

(a) To bring an eviction action, the person complaining shall
file a complaint with the court, stating the full name and date of birth of the person against
whom the complaint is made, unless it is not known, describing the premises of which
possession is claimed, stating the facts which authorize the recovery of possession, and
asking for recovery thereof.

(b) The lack of the full name and date of birth of the person against whom the complaint
is made does not deprive the court of jurisdiction or make the complaint invalid.

(c) The court shall issue a summons, commanding the person against whom the complaint
is made to appear before the court on a day and at a place stated in the summons.

(d) The appearance shall be not less than deleted text beginseven nor more thandeleted text end 14 days from the day of
issuing the summons, except as provided by subdivision 2.

(e) A copy of the complaint shall be attached to the summons, which shall state that the
copy is attached and that the original has been filed.

new text begin (f) If applicable, the person filing a complaint must attach a copy of the written notice
described in subdivision 1a. The court shall dismiss an action without prejudice for failure
to provide a notice as described in subdivision 1a and grant an expungement of the eviction
case court file.
new text end

new text begin Subd. 1a. new text end

new text begin Written notice. new text end

new text begin (a) Before bringing an eviction action alleging nonpayment
of rent, a landlord must provide written notice to the residential tenant specifying the basis
for a future eviction action.
new text end

new text begin (b) For an allegation of nonpayment of rent or other unpaid financial obligations in
violation of the lease, the landlord must include the following in a written notice:
new text end

new text begin (1) the total amount due;
new text end

new text begin (2) a specific accounting of the amount of the total due that is comprised of unpaid rents,
late fees, or other charges under the lease; and
new text end

new text begin (3) the name and address of the person authorized to receive rent and fees on behalf of
the landlord.
new text end

new text begin (c) A notice provided under this section must:
new text end

new text begin (1) provide a disclaimer that a low-income tenant may be eligible for financial assistance
from the county;
new text end

new text begin (2) provide a description on how to access legal and financial assistance through the
"Law Help" website at www.lawhelpmn.org and "Minnesota 211" through its website
www.211unitedway.org or by calling 211; and
new text end

new text begin (3) state that the landlord may bring an eviction action following expiration of the 14-day
notice period if the tenant fails to pay the total amount due or vacates.
new text end

new text begin (d) The landlord or an agent of the landlord must deliver the notice personally or by first
class mail to the residential tenant at the address of the leased premises.
new text end

new text begin (e) If the tenant fails to correct the rent delinquency within 14 days of the delivery or
mailing of the notice, or fails to vacate, the landlord may bring an eviction action under
subdivision 1 based on the nonpayment of rent.
new text end

new text begin (f) Receipt of a notice under this section is an emergency situation under section 256D.06,
subdivision 2, and Minnesota Rules, chapter 9500. For purposes of chapter 256J and
Minnesota Rules, chapter 9500, a county agency verifies an emergency situation by receiving
and reviewing a notice under this section. If a residential tenant applies for financial
assistance from the county, the landlord must cooperate with the application process by:
new text end

new text begin (1) supplying all information and documentation requested by the tenant or the county;
and
new text end

new text begin (2) accepting or placing into escrow partial rent payments where necessary to establish
a tenant's eligibility for assistance.
new text end

Subd. 2.

Expedited procedure.

(a) In an eviction action brought under section 504B.171
or on the basis that the tenant is causing a nuisance or other illegal behavior that seriously
endangers the safety of other residents, their property, or the landlord's property, the person
filing the complaint shall file an affidavit stating specific facts and instances in support of
why an expedited hearing is required.

(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled
for an expedited hearing only if sufficient supporting facts are stated and they meet the
requirements of this paragraph.

(c) The appearance in an expedited hearing shall be not less than five days nor more
than seven days from the date the summons is issued. The summons, in an expedited hearing,
shall be served upon the tenant within 24 hours of issuance unless the court orders otherwise
for good cause shown.

(d) If the court determines that the person seeking an expedited hearing did so without
sufficient basis under the requirements of this subdivision, the court shall impose a civil
penalty of up to $500 for abuse of the expedited hearing process.

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.
new text end

Sec. 19.

Minnesota Statutes 2020, section 504B.331, is amended to read:


504B.331 SUMMONS; HOW SERVED.

(a) The summonsnew text begin and complaintnew text end must be served at least deleted text beginsevendeleted text endnew text begin 14new text end days before the date
of the court appearance specified in section 504B.321, in the manner provided for service
of a summons in a civil action in district court. deleted text beginIt may be served by any person not named
a party to the action.
deleted text end

(b) If the defendant cannot be found in the county, the summons new text beginand complaint new text endmay be
served at least deleted text beginsevendeleted text endnew text begin 14new text end days before the date of the court appearance by:

(1) leaving a copy at the defendant's last usual place of abode with a person of suitable
age and discretion residing there; or

(2) if the defendant had no place of abode, by leaving a copy at the property described
in the complaint with a person of suitable age and discretion occupying the premises.

(c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant
cannot be found in the county.

(d) Where the defendant cannot be found in the county, service of the summonsnew text begin and
complaint
new text end may be made upon the defendant by posting the summons in a conspicuous place
on the property for not less than deleted text beginone weekdeleted text endnew text begin 14 daysnew text end if:

(1) the property described in the complaint is:

(i) nonresidential and no person actually occupies the property; or

(ii) residential and service has been attempted at least twice on different days, with at
least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m.;
and

(2) the plaintiff or the plaintiff's attorney has signed and filed with the court an affidavit
stating that:

(i) the defendant cannot be found, or that the plaintiff or the plaintiff's attorney believes
that the defendant is not in the state; deleted text beginand
deleted text end

(ii) a copy of the summons new text beginand complaint new text endhas been mailed to the defendant at the
defendant's last known address if any is known to the plaintiffdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (iii) the plaintiff or plaintiff's attorney has communicated to the defendant that an eviction
hearing has been scheduled, including the date, time, and place of the hearing specified in
the summons by all forms of communication the plaintiff regularly uses to communicate
with the defendant, including e-mail and text message.
new text end

(e) If the defendant or the defendant's attorney does not appear in court on the date of
the appearance, the trial shall proceed.

Sec. 20.

Minnesota Statutes 2020, section 504B.335, is amended to read:


504B.335 ANSWER; TRIAL.

(a) At the court appearance specified in the summons, the defendant may answer the
complaint,new text begin either orally or in writing,new text end and the court shall deleted text beginhear and decide the action, unless
it grants a continuance of the trial as provided in section 504B.341.
deleted text endnew text begin:
new text end

new text begin (1) dismiss the action;
new text end

new text begin (2) approve a settlement between the parties;
new text end

new text begin (3) schedule a trial for no fewer than ten days after the appearance; or
new text end

new text begin (4) continue the matter for other hearings the court deems appropriate.
new text end

new text begin (b) If any defendant fails to appear at the scheduled court appearance, the court shall
review the court records and determine whether the complaint was properly served pursuant
to section 504B.331. The court shall:
new text end

new text begin (1) dismiss the case for improper service;
new text end

new text begin (2) proceed with a trial on the allegations in the complaint; or
new text end

new text begin (3) schedule and provide notice to all parties of the date and time of a trial.
new text end

new text begin (c) When scheduling a trial, the court must consider all aspects of the case, including
the complexity of the matter; the need for parties to obtain discovery; the need for parties
to secure the presence of witnesses; the opportunity for the defendant to seek legal counsel,
apply for any emergency financial assistance that may be available, or both; and any
extenuating factors enumerated under section 504B.171.
new text end

new text begin (d) The parties shall cooperate with reasonable informal discovery requests by another
party.
new text end

deleted text begin (b)deleted text endnew text begin (e)new text end Either party may demand a trial by jury.

deleted text begin (c)deleted text endnew text begin (f)new text end The proceedings in the action are the same as in other civil actions, except as
provided in sections 504B.281 to 504B.371.

deleted text begin (d) The court, in scheduling appearances and hearings under this section, shall give
priority to any eviction brought under section 504B.171, or on the basis that the defendant
is a tenant and is causing a nuisance or seriously endangers the safety of other residents,
their property, or the landlord's property.
deleted text end

new text begin (g) Nothing in this section affects the rights of a landlord under section 504B.321,
subdivision 2.
new text end

new text begin (h) The court may not require the defendant to pay any amount of money into court,
post a bond, or by any other means post security for any purpose prior to final disposition
of the action, except for appeals as provided in section 504B.371.
new text end

Sec. 21.

new text begin [504B.337] ENFORCEMENT OF SETTLEMENT AGREEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Notice of compliance with settlement agreement. new text end

new text begin A party who believes
the other party has failed to comply with a court-approved settlement agreement may seek
judicial enforcement of the agreement after serving upon the other party an affidavit. A
party may file an affidavit that sets forth the specific facts constituting the alleged settlement
violation. The party must serve this affidavit on all other parties.
new text end

new text begin Subd. 2. new text end

new text begin Adjudication. new text end

new text begin The court may schedule a hearing on the evidence or make a
determination based on any filings and evidence submitted by the parties on the issue.
new text end

new text begin Subd. 3. new text end

new text begin Stay of writ of recovery. new text end

new text begin No writ of recovery shall be issued until the hearing
has been held and a judgment on the matter entered.
new text end

Sec. 22.

Minnesota Statutes 2020, section 504B.345, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.

(b) The court shall give priority in issuing a writ of recovery of premises and order to
vacate for an eviction action brought under section 504B.171 or on the basis that the tenant
is causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property.

(c) If the court or jury finds for the defendantnew text begin, the courtnew text end:

(1) deleted text beginthe courtdeleted text end shall enter judgment for the defendant, tax the costs against the plaintiff,
and issue execution in favor of the defendant; deleted text beginand
deleted text end

(2) deleted text beginthe court maydeleted text endnew text begin mustnew text end expunge the records relating to the action under the provisions
of section 484.014 or under the court's inherent authority at the time judgment is entered
or after that time upon motion of the defendantdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) may order relief as provided in section 504B.425, including retroactive rent abatement.
new text end

(d) Except in actions brought: (1) under section 504B.291 as required by section
609.5317, subdivision 1; (2) under section 504B.171; or (3) on the basis that the tenant is
causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property, deleted text beginupon a showing by the defendant that immediate restitution of the
premises would work a substantial hardship upon the defendant or the defendant's family,
deleted text end
the court shall stay the writ of recovery of premises and order to vacate for deleted text begina reasonable
period, not to exceed seven days
deleted text endnew text begin a minimum of seven days. In establishing the period of
the stay, the court must consider extenuating circumstances or any hardships that would be
suffered by the defendant
new text end.

new text begin (e) This section applies to any writ of recovery issued at the conclusion of a trial pursuant
to section 504B.335, paragraph (a) or (b).
new text end

Sec. 23.

Minnesota Statutes 2020, section 504B.345, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Motion to vacate judgment. new text end

new text begin Notwithstanding any other law to the contrary,
the defendant may bring a motion to vacate a judgment in an eviction action and may appeal
an order denying a motion to vacate a judgment to the same extent and under the same
guidelines as a party to any other civil action.
new text end

Sec. 24.

Minnesota Statutes 2020, section 504B.361, subdivision 1, is amended to read:


Subdivision 1.

Summons and writ.

The state court administrator shall develop a uniform
form for the summons and writ of recovery of premises and order to vacate.new text begin The summons
shall conform to the requirements enumerated under section 504B.321, subdivision 1a. The
writ of recovery of premises and order to vacate must include:
new text end

new text begin (1) the following statement: "If you want to seek legal help and can't afford a lawyer,
free legal help may be available. Contact your local Legal Aid office or visit the LawHelpMN
website at www.LawHelpMn.org for information and referrals"; and
new text end

new text begin (2) the following statement: "To apply for financial assistance or other social services,
contact your local county or Tribal social services office or call the United Way toll-free
information line by dialing 211."
new text end

Sec. 25.

Minnesota Statutes 2020, section 504B.371, subdivision 4, is amended to read:


Subd. 4.

Stay pending appeal.

After the appeal is taken, all further proceedings in the
case are stayeddeleted text begin, except as provided in subdivision 7deleted text end.

Sec. 26.

Minnesota Statutes 2020, section 504B.371, subdivision 5, is amended to read:


Subd. 5.

Stay of writ issued before appeal.

(a) deleted text beginExcept as provided in subdivision 7,deleted text end If
the court issues a writ for recovery of premises and order to vacate before an appeal is taken,
the appealing party may request that the court stay further proceedings and execution of the
writ for possession of premises and order to vacate, and the court shall grant a stay.

(b) If the party appealing remains in possession of the premises, that party must give a
bond under subdivision 3.

(c) When the officer who has the writ for possession of premises and order to vacate is
served with the order granting the stay, the officer shall cease all further proceedings. If the
writ for possession of premises and order to vacate has not been completely executed, the
defendant shall remain in possession of the premises until the appeal is decided.

Sec. 27.

Minnesota Statutes 2020, section 504B.371, subdivision 7, is amended to read:


Subd. 7.

Exception.

Subdivisions 1, 4, and 6 do not apply in an action deleted text beginon a lease, against
a tenant holding over after the expiration of the term of the lease, or a termination of the
lease by a notice to quit,
deleted text endnew text begin where the plaintiff has prevailed on a claim pursuant to section
504B.171, subdivision 2,
new text end if the plaintiff gives a bond conditioned to pay all costs and damages
if on the appeal the judgment of restitution is reversed and a new trial ordered. In such a
case, the court shall issue a writ for recovery of premises and order to vacate notwithstanding
the notice of appeal, as if no appeal had been taken, and the appellate court shall issue all
needful writs and processes to carry out any judgment which may be rendered in the court.

Sec. 28.

Minnesota Statutes 2020, section 504B.375, subdivision 1, is amended to read:


Subdivision 1.

Unlawful exclusion or removal.

(a) This section applies to actual or
constructive removal or exclusion of a residential tenant which may include the termination
of utilities or the removal of doors, windows, or locks. A residential tenant to whom this
section applies may recover possession of the premises as described in paragraphs (b) to
(e).

(b) The residential tenant shall present a verified petition to the district court of the
judicial district of the county in which the premises are located that:

(1) describes the premises and the landlord;

(2) specifically states the facts and grounds that demonstrate that the exclusion or removal
was unlawful, including a statement that no writ of recovery of the premises and order to
vacate has been issued under section 504B.345 in favor of the landlord and against the
residential tenant and executed in accordance with section 504B.365; and

(3) asks for possession.

(c) If it clearly appears from the specific grounds and facts stated in the verified petition
or by separate affidavit of the residential tenant or the residential tenant's attorney or agent
that the exclusion or removal was unlawful, the court shall immediately order that the
residential tenant have possession of the premises.

(d) The residential tenant shall furnish security, if any, that the court finds is appropriate
under the circumstances for payment of all costs and damages the landlord may sustain if
the order is subsequently found to have been obtained wrongfully. In determining the
appropriateness of security, the court shall consider the residential tenant's ability to afford
monetary security.

(e) The court shall direct the order to the sheriff of the county in which the premises are
located and the sheriff shall execute the order immediately by making a demand for
possession on the landlord, if found, or the landlord's agent or other person in charge of the
premises. If the landlord fails to comply with the demand, the officer shall take whatever
assistance may be necessary and immediately place the residential tenant in possession of
the premises. If the landlord, the landlord's agent, or other person in control of the premises
cannot be found and if there is no person in charge, the officer shall immediately enter into
and place the residential tenant in possession of the premises. The officer shall also serve
the order and verified petition or affidavit immediately upon the landlord or agent, in the
same manner as a summons is required to be served in a civil action in district court.

new text begin (f) The court administrator may charge a filing fee in the amount set for complaints and
counterclaims in conciliation court, subject to the filing of an inability to pay affidavit.
new text end

Sec. 29.

Minnesota Statutes 2020, section 504B.381, subdivision 1, is amended to read:


Subdivision 1.

Petition.

A person authorized to bring an action under section 504B.395,
subdivision 1
, may petition the court for relief deleted text beginin cases of emergency involving the loss of
running water, hot water, heat, electricity, sanitary facilities, or other essential services or
facilities that the landlord is responsible for providing.
deleted text endnew text begin:
new text end

new text begin (1) when a unit of government has issued a condemnation order or a notice of intent to
condemn; or
new text end

new text begin (2) in cases of emergency involving the following services and facilities when the landlord
is responsible for providing them:
new text end

new text begin (i) a serious infestation;
new text end

new text begin (ii) the loss of running water;
new text end

new text begin (iii) the loss of hot water;
new text end

new text begin (iv) the loss of heat;
new text end

new text begin (v) the loss of electricity;
new text end

new text begin (vi) the loss of sanitary facilities;
new text end

new text begin (vii) a nonfunctioning refrigerator;
new text end

new text begin (viii) if included in the lease, a nonfunctioning air conditioner;
new text end

new text begin (ix) if included in the lease, no functioning elevator;
new text end

new text begin (x) any conditions, services, or facilities that pose a serious and negative impact on
health or safety; or
new text end

new text begin (xi) other essential services or facilities.
new text end

Sec. 30.

Minnesota Statutes 2020, section 504B.381, subdivision 5, is amended to read:


Subd. 5.

Relief; service of new text beginpetition andnew text end order.

new text beginProvided proof that the petitioner has
given the notice required in subdivision 4 to the landlord, if the court finds based on the
petitioner's emergency ex parte motion for relief, affidavit, and other evidence presented
that the landlord violated subdivision 1, then
new text endthe courtnew text begin shall order that the landlord
immediately begin to remedy the violation and
new text end may order relief as provided in section
504B.425. The new text begincourt and new text endpetitioner shall serve the new text beginpetition andnew text end order on the landlord
personally or by mail as soon as practicable.new text begin The court shall include notice of a hearing and,
at the hearing, shall consider evidence of alleged violations, defenses, compliance with the
order, and any additional relief available under section 504B.425. The court and petitioner
shall serve the notice of hearing on the ex parte petition and emergency order personally or
by mail as soon as practicable.
new text end

Sec. 31.

Minnesota Statutes 2020, section 504B.381, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Filing fee. new text end

new text begin The court administrator may charge a filing fee in the amount set
for complaints and counterclaims in conciliation court, subject to the filing of an inability
to pay affidavit.
new text end

Sec. 32. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 504B.341, new text end new text begin is repealed.
new text end

Sec. 33. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 5, 14, 15, 19 to 27, and 32 are effective August 1, 2021, and apply to actions
filed on or after that date.
new text end

ARTICLE 7

MANUFACTURED HOMES

Section 1.

new text begin [168A.1411] MANUFACTURED HOME AFFIXED TO REAL PROPERTY
OWNED BY COOPERATIVE.
new text end

new text begin Subdivision 1. new text end

new text begin Certificates surrendered for cancellation; cooperatives. new text end

new text begin (a) When a
manufactured home is to be affixed or is affixed, as defined in section 273.125, subdivision
8, paragraph (b), to real property owned by a Minnesota nonprofit corporation or a Minnesota
cooperative, the owner of the manufactured home may surrender the manufacturer's certificate
of origin or certificate of title to the department for cancellation so that the manufactured
home becomes an improvement to real property and is no longer titled as personal property.
The department must not issue a certificate of title for a manufactured home under chapter
168A if the manufacturer's certificate of origin is or has been surrendered under this
subdivision, except as provided in section 168A.142. Upon surrender of the manufacturer's
certificate of origin or the certificate of title, the department must issue notice of surrender
to the owner and upon recording an affidavit of affixation, which the county recorder or
registrar of titles, as applicable, must accept, the manufactured home is deemed to be an
improvement to real property. An affidavit of affixation by the owner of the manufactured
home must include the following information:
new text end

new text begin (1) the name, residence address, and mailing address of owner or owners of the
manufactured home;
new text end

new text begin (2) the legal description of the real property in which the manufactured home is, or will
be, located;
new text end

new text begin (3) a copy of the surrendered manufacturer's certificate of origin or certificate of title
and the notice of surrender;
new text end

new text begin (4) a written statement from the county auditor or county treasurer of the county where
the manufactured home is located stating that all property taxes payable in the current year,
as provided under section 273.125, subdivision 8, paragraph (b), have been paid or are not
applicable; and
new text end

new text begin (5) the signature of the person who executes the affidavit, properly executed before a
person authorized to authenticate an affidavit in this state.
new text end

new text begin (b) A certified copy of the affidavit must be delivered to the county auditor of the county
in which the real property to which the manufactured home was affixed is located.
new text end

new text begin (c) The department is not liable for any errors, omissions, misstatements, or other
deficiencies or inaccuracies in documents presented to the department under this section if
the documents presented appear to satisfy the requirements of this section. The department
has no obligation to investigate the accuracy of statements contained in the documents.
new text end

new text begin Subd. 2. new text end

new text begin Affidavit form; cooperatives. new text end

new text begin An affidavit of affixation must be in substantially
the following form and must contain the following information:
new text end

new text begin MANUFACTURED HOME AFFIDAVIT OF AFFIXATION IN A COOPERATIVE
new text end

new text begin PURSUANT TO MINNESOTA STATUTES, SECTION 168A.1411
new text end

new text begin Homeowner, being duly sworn, on his or her oath, states as follows:
new text end

new text begin 1. Homeowner owns the manufactured home ("home") described as follows:
new text end

.
new text begin New/Used
new text end
new text begin Year
new text end
new text begin Manufacturer's
Name
new text end
new text begin Model Name or
Model No.
new text end
new text begin Manufacturer's
Serial No.
new text end
new text begin Length/Width
new text end

new text begin 2. A copy of the surrendered manufacturer's certificate of origin or certificate of title is
attached.
new text end

new text begin 3. A copy of the notice of surrender issued from the Minnesota Department of Public Safety
Driver and Vehicle Services is attached.
new text end

new text begin 4. The home is or will be located at the following "Property Address":
new text end

.
new text begin Street or Route .
new text end
new text begin City .
new text end
new text begin County .
new text end
new text begin State .
new text end
new text begin Zip Code .
new text end

new text begin 5. The legal description of the property address ("land") is as follows or as attached hereto:
new text end

.
.
.

new text begin 6. The owner of the land is a Minnesota nonprofit corporation or Minnesota cooperative
that owns the land and whose membership entitles the homeowner to occupy a specific
portion of the land.
new text end

new text begin 7. The home ....... is, or ....... will be promptly upon delivery, anchored to the land by
attachment to a permanent foundation and connected to appropriate residential utilities (e.g.,
water, gas, electricity, sewer).
new text end

new text begin 8. The homeowner intends that the home be an immovable permanent improvement to the
land, free of any personal property security interest.
new text end

new text begin 9. A copy of the written statement from the county auditor or county treasurer of the county
in which the manufactured home is then located, stating that all property taxes payable in
the current year (pursuant to Minnesota Statutes, section 273.125, subdivision 8, paragraph
(b)), have been paid, or are not applicable, is attached.
new text end

new text begin 10. The home is intended to be assessed and taxed as an improvement to the land.
new text end

new text begin Signed and sworn to (or affirmed) before me on ....... (date) by ....... (names of homeowner(s))
new text end

.
.
new text begin Homeowner Signature
new text end
new text begin Address
new text end
.
.
new text begin Printed Name
new text end
new text begin City, State
new text end
.
new text begin Homeowner Signature (if applicable)
new text end
.
new text begin Printed Name
new text end

new text begin This instrument was drafted by, and when recorded return to:
new text end

.
.
.

new text begin Subscribed and sworn to before me this ....... day of ......., .......
new text end

new text begin ......................................................................
new text end
new text begin Signature of Notary Public or Other Official
new text end

new text begin Notary Stamp or Seal
new text end

new text begin (optional)
new text end

new text begin Lender's Statement of Intent:
new text end

new text begin The undersigned ("lender") intends that the home be immovable and a permanent
improvement to the land free of any personal property security interest.
new text end

.
new text begin Lender
new text end
new text begin By: .
new text end
new text begin Authorized Signature
new text end
new text begin STATE OF . )
new text end
new text begin . ) ss:
new text end
new text begin COUNTY OF . )
new text end

new text begin On the ....... day of ....... in the year ....... before me, the undersigned, a Notary Public in and
for said state, personally appeared
new text end

.

new text begin personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of
which the individual(s) acted, executed the instrument.
new text end

.
new text begin Notary Signature
new text end
.
new text begin Notary Printed Name
new text end
new text begin Notary Public, State of .
new text end
new text begin Qualified in the County of .
new text end
new text begin My commission expires .
new text end

new text begin Official seal:
new text end

new text begin [only if the owner of the land is a Minnesota nonprofit corporation or cooperative]:
new text end

new text begin The undersigned is the .............................. of .................................., a Minnesota [nonprofit
corporation or cooperative], which owns the land described above. I hereby certify that the
homeowner described above is a member of the [nonprofit corporation or cooperative]
whose membership entitles the homeowner to occupy [insert legal description of the
homeowner's lot or, if the corporation or cooperative has filed a scaled drawing as permitted
by Minnesota Statutes, section 168A.1411, subdivision 5, Lot ................. shown on such
scaled drawing].
new text end

.
new text begin Signature block for nonprofit or cooperative
new text end
.
new text begin Acknowledgment of officer of nonprofit or
cooperative
new text end

new text begin Subd. 3. new text end

new text begin Perfected security interest prevents surrender. new text end

new text begin The department may not
cancel a certificate of title if, under this chapter, a security interest has been perfected on
the manufactured home. If a security interest has been perfected, the department must notify
the owner that each secured party must release or satisfy the security interest prior to
proceeding with surrender of the manufacturer's certificate of origin or certificate of title to
the department for cancellation. Permanent attachment to real property or the recording of
an affidavit of affixation does not extinguish an otherwise valid security interest in or tax
lien on the manufactured home, unless the requirements of subdivisions 1 to 3, including
the release of any security interest, have been satisfied.
new text end

new text begin Subd. 4. new text end

new text begin Notice of security interest. new text end

new text begin When a perfected security interest exists, or will
exist, on the manufactured home at the time the manufactured home is affixed to real
property, and the owner has not satisfied the requirements of subdivision 1, the owner of
the manufactured home, or its secured party, may record a notice with the county recorder,
or with the registrar of titles, if the land is registered, stating that the manufactured home
located on the property is encumbered by a perfected security interest and is not an
improvement to real property. The notice must state the name and address of the secured
party as set forth on the certificate of title, the legal description of the real property, and the
name and address of the record fee owner of the real property on which the manufactured
home is affixed. When the security interest is released or satisfied, the secured party must
attach a copy of the release or satisfaction to a notice executed by the secured party containing
the county recorder or registrar of titles document number of the notice of security interest.
The notice of release or satisfaction must be recorded with the county recorder, or registrar
of titles, if the land is registered. Neither the notice described in this subdivision nor the
security interest on the certificate of title is deemed to be an encumbrance on the real
property. The notices provided for in this subdivision need not be acknowledged.
new text end

new text begin Subd. 5. new text end

new text begin Scaled drawing. new text end

new text begin (a) If the portion of the land occupied by the homeowner has
not been subdivided, the nonprofit or cooperative owner shall have prepared and recorded
against the land a scaled drawing prepared by a licensed professional land surveyor who
shall certify that:
new text end

new text begin (1) the scaled drawing accurately depicts all information required by this subdivision;
and
new text end

new text begin (2) the work was undertaken by, or reviewed and approved by, the certifying land
surveyor.
new text end

new text begin (b) The scaled drawing shall show:
new text end

new text begin (1) the dimensions and location of all existing material structural improvements and
roadways;
new text end

new text begin (2) the extent of any encroachments by or upon any portion of the land;
new text end

new text begin (3) the location and dimensions of all recorded easements within the land burdening any
portion of the land;
new text end

new text begin (4) the distance and direction between noncontiguous parcels of real estate;
new text end

new text begin (5) the location and dimensions of the front, rear, and side boundaries of each lot that a
member of the cooperative or nonprofit corporation has a right to occupy and that lot's
unique lot number; and
new text end

new text begin (6) the legal description of the land.
new text end

Sec. 2.

new text begin [168A.1412] MANUFACTURED HOME AFFIXED TO REAL PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Manufactured home as real property. new text end

new text begin A manufactured home may be
made an improvement to real property, and no longer titled as personal property, pursuant
to this section. A manufactured home constitutes an improvement to real property when:
new text end

new text begin (1) the manufactured home is to be affixed or is affixed, as defined in section 273.125,
subdivision 8, paragraph (b), to the real property;
new text end

new text begin (2) the certificate of title is surrendered and canceled pursuant to subdivision 2, or the
manufacturer's certificate or statement of origin is canceled pursuant to subdivision 3; and
new text end

new text begin (3) an affidavit of affixation pursuant to subdivision 5 is recorded with the county recorder
or registrar of titles, as applicable.
new text end

new text begin Subd. 2. new text end

new text begin Surrender of certificate of title. new text end

new text begin (a) The owner of the manufactured home
may surrender the manufacturer's certificate of title to the commissioner for cancellation.
Upon receipt of the certificate of title, the commissioner must issue notice of cancellation
to the owner of the manufactured home. In the event the certificate of title is lost, stolen,
mutilated, destroyed, or becomes illegible, the owner may submit a written request for
cancellation of the title which includes the serial number of the manufactured home and
states that the certificate of title is lost, stolen, mutilated, destroyed, or has become illegible.
Upon receipt of the request and verification of ownership in Driver and Vehicle Services
Division records, the commissioner must issue notice of cancellation to the owner of the
manufactured home and must not require the owner to deliver the certificate of title or obtain
a duplicate certificate of title. After canceling a certificate of title, the commissioner must
not allow transfer of the title to the manufactured home as personal property. The
commissioner must not require the owner of the manufactured home to deliver the affidavit
of affixation described in subdivision 5 in order for the commissioner to issue notice of
cancellation.
new text end

new text begin (b) The commissioner must not cancel a certificate of title if, under this chapter, a security
interest has been perfected on the manufactured home. If a security interest has been
perfected, the commissioner must notify the owner of the manufactured home that each
secured party must release or satisfy the security interest prior to cancellation of the certificate
of title by the commissioner. Affixing the manufactured home to real property or recording
an affidavit of affixation without cancellation of the certificate of title does not extinguish
an otherwise valid security interest in or tax lien on the manufactured home.
new text end

new text begin Subd. 3. new text end

new text begin Surrender of manufacturer's certificate of origin. new text end

new text begin The owner of the
manufactured home may surrender the manufacturer's certificate of origin to the
commissioner for cancellation. Upon delivery of the original certificate of origin, the
commissioner must issue notice of cancellation to the owner of the manufactured home.
The commissioner must not issue a certificate of title for a manufactured home if the
manufacturer's certificate of origin is or has been canceled under this subdivision, except
as provided in section 168A.142. The commissioner must not require the owner of the
manufactured home to deliver the affidavit of affixation described in subdivision 5 in order
for the commissioner to cancel the certificate of origin.
new text end

new text begin Subd. 4. new text end

new text begin Verification. new text end

new text begin The commissioner is not liable for any errors, omissions,
misstatements, or other deficiencies or inaccuracies in documents presented to the
commissioner under this section if the documents presented appear to satisfy the requirements
of this section. The commissioner has no obligation to investigate the accuracy of statements
contained in the documents to verify that the manufactured home has been affixed to the
real property.
new text end

new text begin Subd. 5. new text end

new text begin Affidavit of affixation. new text end

new text begin An affidavit of affixation must be in substantially the
following form and must contain the following information and attachments described in
the form. The county recorder or registrar of titles, as applicable, must accept any such
affidavit. The county recorder or registrar of titles, as applicable, must provide a copy of
the recorded affidavit of affixation to the county auditor of the county for the real property
described therein or otherwise inform the county auditor that the home is to be taxed as an
improvement to the real property to which it is affixed:
new text end

new text begin MANUFACTURED HOME AFFIDAVIT OF AFFIXATION
new text end

new text begin PURSUANT TO MINNESOTA STATUTES, SECTION 168A.1412
new text end

new text begin ............................................... ("Affiant"), being first duly sworn, on oath states, or affirms
under penalties of perjury that:
new text end

new text begin 1. I am an owner of the manufactured home ("Manufactured Home") described as follows:
new text end

new text begin Manufacturer's name: .
new text end
new text begin Make: .
new text end
new text begin Model number: .
new text end
new text begin Model year: .
new text end
new text begin Serial number: .
new text end
new text begin Dimensions: .
new text end
new text begin Other descriptive information (if any): .
new text end

new text begin 2. The Manufactured Home is ..... or will be ..... (check one) affixed, in accordance with
Minnesota Statutes, section 273.125, subdivision 8, to real property in
...................................................................... County, Minnesota, with the street address of:
new text end

new text begin Street or route: .
new text end
new text begin City: .
new text end
new text begin State: .
new text end
new text begin Zip code: .
new text end
new text begin and legally described as follows ("Land"):
new text end
new text begin ...................................................................................
new text end
new text begin ...................................................................................
new text end
new text begin ...................................................................................
new text end
new text begin Check here if all or part of the described real property is Registered (Torrens) .....
new text end

new text begin 3. A copy of the notice of cancellation issued from the Minnesota Department of Public
Safety Driver and Vehicle Services pursuant to Minnesota Statutes, section 168A.1412,
subdivision 2 or 3, is attached.
new text end

new text begin 4. The owner(s) of the Manufactured Home is/are the owner(s) of the Land.
new text end

new text begin 5. The Affiant makes this affidavit to demonstrate that the Manufactured Home is an
improvement to real property, no longer titled as personal property, and free of any personal
property security interest.
new text end

new text begin Affiant
new text end
new text begin .
new text end
new text begin (Signature)
new text end

new text begin Signed and sworn to (or affirmed) before me this ....... day of ......., .......
new text end

new text begin Notary Stamp or Seal
new text end

new text begin .
new text end
new text begin Signature of notarial officer Title (and Rank):
new text end
new text begin My commission expires: ..............
new text end
new text begin This instrument was drafted by, and when
recorded return to
new text end
new text begin .
new text end

new text begin Subd. 6. new text end

new text begin Notice of security interest. new text end

new text begin When a perfected security interest exists, or will
exist, on the manufactured home at the time the manufactured home is affixed to real
property, and the owner has not satisfied the requirements of subdivision 1, the owner of
the manufactured home, or its secured party, may record a notice with the county recorder,
or with the registrar of titles, if the land is registered, stating that the manufactured home
located on the property is encumbered by a perfected security interest and is not an
improvement to real property. The notice must state the name and address of the secured
party as set forth on the certificate of title, the legal description of the real property, and the
name and address of the record fee owner of the real property on which the manufactured
home is affixed. When the security interest is released or satisfied, the secured party must
attach a copy of the release or satisfaction to a notice executed by the secured party containing
the county recorder or registrar of titles document number of the notice of security interest.
The notice of release or satisfaction must be recorded with the county recorder, or registrar
of titles, if the land is registered. Neither the notice described in this subdivision nor the
security interest on the certificate of title is deemed to be an encumbrance on the real
property. The notices provided for in this subdivision need not be acknowledged.
new text end

Sec. 3.

Minnesota Statutes 2020, section 273.125, subdivision 8, is amended to read:


Subd. 8.

Manufactured homes; sectional structures.

(a) In this section, "manufactured
home" means a structure transportable in one or more sections, which is built on a permanent
chassis, and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and contains the plumbing, heating, air conditioning, and
electrical systems in it. Manufactured home includes any accessory structure that is an
addition or supplement to the manufactured home and, when installed, becomes a part of
the manufactured home.

(b) Except as provided in paragraph (c), a manufactured home that meets each of the
following criteria must be valued and assessed as an improvement to real property, the
appropriate real property classification applies, and the valuation is subject to review and
the taxes payable in the manner provided for real property:

(1) the deleted text beginowner of the unit holdsdeleted text end title to the land on which it is situatednew text begin is held by: (i) the
owner of the unit; or (ii) a Minnesota nonprofit corporation or a Minnesota cooperative to
which the owner is a member
new text end;

(2) the unit is affixed to the land by a permanent foundation or is installed at its location
in accordance with the Manufactured Home Building Code in sections 327.31 to 327.34,
and rules adopted under those sections, or is affixed to the land like other real property in
the taxing district; and

(3) the unit is connected to public utilities, has a well and septic tank system, or is serviced
by water and sewer facilities comparable to other real property in the taxing district.

(c) A manufactured home that meets each of the following criteria must be assessed at
the rate provided by the appropriate real property classification but must be treated as
personal property, and the valuation is subject to review and the taxes payable in the manner
provided in this section:

(1) the owner of the unit is a lessee of the land under the terms of a lease, or the unit is
located in a manufactured home park but is not the homestead of the park owner;

(2) the unit is affixed to the land by a permanent foundation or is installed at its location
in accordance with the Manufactured Home Building Code contained in sections 327.31 to
327.34, and the rules adopted under those sections, or is affixed to the land like other real
property in the taxing district; and

(3) the unit is connected to public utilities, has a well and septic tank system, or is serviced
by water and sewer facilities comparable to other real property in the taxing district.

(d) Sectional structures must be valued and assessed as an improvement to real property
if the owner of the structure holds title to the land on which it is located or is a qualifying
lessee of the land under section 273.19. In this paragraph "sectional structure" means a
building or structural unit that has been in whole or substantial part manufactured or
constructed at an off-site location to be wholly or partially assembled on site alone or with
other units and attached to a permanent foundation.

(e) The commissioner of revenue may adopt rules under the Administrative Procedure
Act to establish additional criteria for the classification of manufactured homes and sectional
structures under this subdivision.

(f) A storage shed, deck, or similar improvement constructed on property that is leased
or rented as a site for a manufactured home, sectional structure, park trailer, or travel trailer
is taxable as provided in this section. In the case of property that is leased or rented as a site
for a travel trailer, a storage shed, deck, or similar improvement on the site that is considered
personal property under this paragraph is taxable only if its total estimated market value is
over $10,000. The property is taxable as personal property to the lessee of the site if it is
not owned by the owner of the site. The property is taxable as real estate if it is owned by
the owner of the site. As a condition of permitting the owner of the manufactured home,
sectional structure, park trailer, or travel trailer to construct improvements on the leased or
rented site, the owner of the site must obtain the permanent home address of the lessee or
user of the site. The site owner must provide the name and address to the assessor upon
request.

Sec. 4.

new text begin [327C.097] OPPORTUNITY TO PURCHASE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Cooperative" means a cooperative organized under chapter 308A or 308B.
new text end

new text begin (c) "Nonprofit" means a nonprofit organization under chapter 317A.
new text end

new text begin (d) "Representative" has the meaning given in section 327C.01, subdivision 8a.
new text end

new text begin Subd. 2. new text end

new text begin Scope. new text end

new text begin This section does not apply where the conveyance of the manufactured
home park is by a:
new text end

new text begin (1) taking by eminent domain;
new text end

new text begin (2) transfer by a corporation to an affiliate;
new text end

new text begin (3) foreclosure;
new text end

new text begin (4) transfer by a partnership to one or more of its partners; or
new text end

new text begin (5) sale or transfer to a person who would be an heir of the owner who dies intestate.
new text end

new text begin Subd. 3. new text end

new text begin Notice of sale. new text end

new text begin (a) No park owner may accept any offer for the sale, lease, or
transfer of a manufactured home park without first giving 60 days' written notice by certified
mail, return receipt requested, of the proposed sale, lease, or transfer to:
new text end

new text begin (1) each resident of the manufactured home park; and
new text end

new text begin (2) the Minnesota Housing Finance Agency.
new text end

new text begin (b) The notice required under this subdivision must be dated and indicate the price,
terms, and conditions of an acceptable offer the park owner has received to sell, lease, or
transfer the manufactured home park. The notice must include the following verbatim
statement: "The park owner has received and is prepared to accept an outside offer to [sell,
lease, transfer] this park. The price, terms, and conditions of the offer are listed below.
Before accepting the offer for the [sale, lease, transfer], the park owner will consider any
offer submitted within 60 days of the date of this notice by a representative. The owner will
negotiate in good faith with the representative. [List of price, terms, and conditions.]"
new text end

new text begin (c) An owner must make available upon the request of a resident a copy of any acceptable
agreement to sell, lease, or transfer the manufactured home park for a period of 60 days
following the date of the notice required under this subdivision. The owner must provide
the copy within three days of the request by the resident.
new text end

new text begin Subd. 4. new text end

new text begin Residents' representative offer to purchase. new text end

new text begin (a) A representative may submit
a written offer to the park owner to purchase the manufactured home park subject to the
conditions required under subdivision 7. The offer must be submitted within 60 days of the
postmark date of the notice required under subdivision 3, by certified mail, return receipt
requested.
new text end

new text begin (b) If the owner rejects the representative's offer, the owner must provide written notice
to the representative of, and an explanation of the reasons for, rejection of the offer. The
notice of rejection must be delivered to the representative by certified mail within five days
of receipt of the offer from the representative. No owner may accept a final, unconditional
offer for the sale, lease, or transfer of a manufactured home park earlier than on the 31st
day following the certified delivery date of the notice of rejection.
new text end

new text begin Subd. 5. new text end

new text begin Optional recording. new text end

new text begin (a) A park owner may record with the county recorder or
registrar of titles in the county where the park is located an affidavit, with a copy of the
notice required under subdivision 3 attached, attesting:
new text end

new text begin (1) the park owner has complied with the requirements of this section; or
new text end

new text begin (2) the sale, lease, or transfer of the manufactured home park is exempt from this section
pursuant to subdivision 2.
new text end

new text begin (b) An affidavit filed in accordance with this subdivision shall be presumptive evidence
of compliance for purposes of conveying good title to a bona fide purchaser.
new text end

new text begin (c) The representative who makes an offer to purchase the park as provided under
subdivision 4 may record notice of the offer in the county recorder's office.
new text end

new text begin Subd. 6. new text end

new text begin Good faith obligations. new text end

new text begin All transactions governed by, and all actions taken
pursuant to, this section must be conducted in good faith.
new text end

new text begin Subd. 7. new text end

new text begin Requirement of affordable housing preservation. new text end

new text begin (a) A representative who
purchases a park under this section shall maintain the property for a period of at least 50
years following the closing date of the purchase as:
new text end

new text begin (1) a manufactured home park;
new text end

new text begin (2) a combination of manufactured homes and nonmanufactured home single dwelling
units contained in one-family, two-family, or multifamily dwellings affordable for
low-income households; or
new text end

new text begin (3) all nonmanufactured home single dwelling units contained in one-family, two-family,
or multifamily dwellings affordable for low-income households.
new text end

new text begin (b) For the purposes of this section:
new text end

new text begin (1) "affordable" has the meaning given in Code of Federal Regulations, title 24, section
81.15; and
new text end

new text begin (2) "low-income households" has the meaning given in Code of Federal Regulations,
title 24, section 570.3.
new text end

new text begin (c) The deed to the representative must contain a covenant running with the land that
requires the property to meet at least one of the conditions specified in paragraph (a) for at
least 50 years from the date of the deed transfer.
new text end

new text begin Subd. 8. new text end

new text begin Challenge to petition. new text end

new text begin In any action challenging the validity of the signatories
of the petition authorizing a representative to represent residents in negotiations to purchase
a manufactured home park, there shall be a rebuttable presumption that the challenged
party's signature is sufficient evidence that the party is a valid signatory.
new text end

new text begin Subd. 9. new text end

new text begin Remedies. new text end

new text begin (a) A park owner who violates subdivision 3, 4, or 6 is liable to each
resident for actual, incidental, or consequential damages, plus attorney fees and costs.
new text end

new text begin (b) In addition to the remedies that a resident is entitled to under paragraph (a), a court
may grant declaratory, injunctive, or equitable relief.
new text end

new text begin (c) The remedies provided under this subdivision are cumulative, not exclusive, and do
not restrict any remedy that is otherwise available to a plaintiff at law or in equity.
new text end

new text begin Subd. 10. new text end

new text begin List of interested organizations. new text end

new text begin The Minnesota Housing Finance Agency
must:
new text end

new text begin (1) within ten days of receipt of a notice received under subdivision 3, distribute a copy
of the notice to nonprofit organizations that register with the Minnesota Housing Finance
Agency to receive such notices; and
new text end

new text begin (2) make the list of nonprofit organizations that have so registered publicly available on
the Minnesota Housing Finance Agency's website.
new text end

Sec. 5. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must change all cross-references to Minnesota Statutes, section
168A.141, to instead reference Minnesota Statutes, section 168A.1412.
new text end

Sec. 6. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, section 327C.096, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2020, section 168A.141, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1077-2

168A.141 MANUFACTURED HOME AFFIXED TO REAL PROPERTY.

Subdivision 1.

Certificates surrendered for cancellation.

(a) When a manufactured home is to be affixed or is affixed, as defined in section 273.125, subdivision 8, paragraph (b), to real property, the owner of the manufactured home may surrender the manufacturer's certificate of origin or certificate of title to the department for cancellation so that the manufactured home becomes an improvement to real property and is no longer titled as personal property. The department must not issue a certificate of title for a manufactured home under chapter 168A if the manufacturer's certificate of origin is or has been surrendered under this subdivision, except as provided in section 168A.142. Upon surrender of the manufacturer's certificate of origin or the certificate of title, the department must issue notice of surrender to the owner, and upon recording an affidavit of affixation, which the county recorder or registrar of titles, as applicable, must accept, the manufactured home is deemed to be an improvement to real property. An affidavit of affixation by the owner of the manufactured home must include the following information:

(1) the name, residence address, and mailing address of owner or owners of the manufactured home;

(2) the legal description of the real property in which the manufactured home is, or will be, located;

(3) a copy of the surrendered manufacturer's certificate of origin or certificate of title and the notice of surrender;

(4) a written statement from the county auditor or county treasurer of the county where the manufactured home is located stating that all property taxes payable in the current year, as provided under section 273.125, subdivision 8, paragraph (b), have been paid, or are not applicable;

(5) the name and address of the person designated by the applicant to record the original affidavit of affixation with the county recorder or registrar of titles for the county where the real property is located; and

(6) the signature of the person who executes the affidavit, properly executed before a person authorized to authenticate an affidavit in this state.

(b) The person designated in paragraph (a), clause (5), must record, or arrange for the recording of, the affidavit of affixation, accompanied by the fees for recording and for issuing a certified copy of the notice, including all attachments, showing the recording date. Upon obtaining the certified copy of the notice under this paragraph, the person designated in the affidavit must deliver the certified copy to the county auditor of the county in which the real property to which the manufactured home was affixed is located.

(c) The department is not liable for any errors, omissions, misstatements, or other deficiencies or inaccuracies in documents presented to the department under this section, if the documents presented appear to satisfy the requirements of this section. The department has no obligation to investigate the accuracy of statements contained in the documents.

Subd. 1a.

Affidavit form.

An affidavit of affixation must be in substantially the following form and must contain the following information.

MANUFACTURED HOME AFFIDAVIT OF AFFIXATION

PURSUANT TO MINNESOTA STATUTES, SECTION 168A.141

Homeowner, being duly sworn, on his or her oath, states as follows:

1. Homeowner owns the manufactured home ("home") described as follows:

.
New/Used Year Manufacturer's Name Model Name or Model No. Manufacturer's Serial No. Length/Width

2. A copy of the surrendered manufacturer's certificate of origin or certificate of title is attached.

3. A copy of the notice of surrender issued from the Minnesota Department of Public Safety Driver and Vehicle Services is attached.

4. The home is or will be located at the following "Property Address":

.
Street or Route . City . County . State . Zip Code .

5. The legal description of the property address ("land") is as follows or as attached hereto:

.
.
.

6. The homeowner is the owner of the land.

7. The home is, or must be promptly upon delivery, anchored to the land by attachment to a permanent foundation and connected to appropriate residential utilities (e.g., water, gas, electricity, sewer).

8. The homeowner intends that the home be an immovable permanent improvement to the land, free of any personal property security interest.

9. A copy of the written statement from the county auditor or county treasurer of the county in which the manufactured home is then located, stating that all property taxes payable in the current year (pursuant to Minnesota Statutes, section 273.125, subdivision 8, paragraph (b)), have been paid, or are not applicable, is attached.

10. The home must be assessed and taxed as an improvement to the land.

11. The name and address of the person designated by the homeowner to record the original affidavit of surrender with the county recorder or registrar of titles of the county in which the real estate is located is:

Name .
Street Address .
City, State, Zip Code .
Phone .
E-mail .

IN WITNESS WHEREOF, homeowner(s) have executed this affidavit on this ....... day of ......., 20...

. .
Homeowner Signature Address
. .
Printed Name City, State
.
Homeowner Signature (if applicable)
.
Printed Name

This instrument was drafted by, and when recorded return to:

.
.
.

Subscribed and sworn to before me this ....... day of ......., .......

......................................................................
Signature of Notary Public or Other Official

Notary Stamp or Seal

(optional)

Lender's Statement of Intent:

The undersigned ("lender") intends that the home be immovable and a permanent improvement to the land free of any personal property security interest.

.
Lender
By: .
Authorized Signature
STATE OF . )
. ) ss:
COUNTY OF . )

On the ....... day of ....... in the year ....... before me, the undersigned, a Notary Public in and for said state, personally appeared

.

personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument.

.
Notary Signature
.
Notary Printed Name
Notary Public, State of .
Qualified in the County of .
My commission expires .

Official seal:

Subd. 2.

Perfected security interest prevents surrender.

The department may not cancel a certificate of title if, under this chapter, a security interest has been perfected on the manufactured home. If a security interest has been perfected, the department must notify the owner that each secured party must release or satisfy the security interest prior to proceeding with surrender of the manufacturer's certificate of origin or certificate of title to the department for cancellation. Permanent attachment to real property or the recording of an affidavit of affixation does not extinguish an otherwise valid security interest in or tax lien on the manufactured home, unless the requirements of section 168A.141, subdivisions 1, 1a, and 2, including the release of any security interest, have been satisfied.

Subd. 3.

Notice of security interest.

When a perfected security interest exists, or will exist, on the manufactured home at the time the manufactured home is affixed to real property, and the owner has not satisfied the requirements of section 168A.141, subdivision 1, the owner of the manufactured home, or its secured party, may record a notice with the county recorder, or with the registrar of titles, if the land is registered, stating that the manufactured home located on the property is encumbered by a perfected security interest and is not an improvement to real property. The notice must state the name and address of the secured party as set forth on the certificate of title, the legal description of the real property, and the name and address of the record fee owner of the real property on which the manufactured home is affixed. When the security interest is released or satisfied, the secured party must attach a copy of the release or satisfaction to a notice executed by the secured party containing the county recorder or registrar of titles document number of the notice of security interest. The notice of release or satisfaction must be recorded with the county recorder, or registrar of titles, if the land is registered. Neither the notice described in this subdivision nor the security interest on the certificate of title is deemed to be an encumbrance on the real property. The notices provided for in this subdivision need not be acknowledged.

327C.096 NOTICE OF SALE.

When a park owner offers to sell a manufactured home park to the public through advertising in a newspaper or by listing the park with a real estate broker licensed by the Department of Commerce, the owner must provide concurrent written notice to a resident of each manufactured home in the park that the park is being offered for sale. Written notice provided once within a one-year period satisfies the requirement under this section. The notice provided by the park owner to a resident of each manufactured home does not grant any property rights in the park and is for informational purposes only. This section does not apply in the case of a taking by eminent domain, a transfer by a corporation to an affiliate, a transfer by a partnership to one or more of its partners, or a sale or transfer to a person who would be an heir of the owner if the owner were to die intestate. If at any time a manufactured home park owner receives an unsolicited bona fide offer to purchase the park that the owner intends to consider or make a counter offer to, the owner is under no obligation to notify the residents as required under this section.

504B.341 CONTINUANCE OF TRIAL.

(a) In an eviction action, the court, in its discretion, may grant a continuance of the trial for no more than six days unless all parties consent to longer continuance.

(b) However, in all actions brought under section 504B.285, other than actions on a written lease signed by both parties, the court shall continue the trial as necessary but for no more than three months if the defendant or the defendant's agent or attorney:

(1) states under oath that the defendant cannot proceed to trial because a material witness is not present;

(2) names the witness;

(3) states under oath that the defendant has made due exertion to obtain the witness;

(4) states the belief that if the continuance is allowed the defendant will be able to procure the attendance of the witness at the trial or to obtain the witness's deposition; and

(5) gives a bond that the plaintiff will be paid all rent that accrues during the pendency of the action and all costs and damages that accrue due to the adjournment.