Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 265-H.F.No. 1205 
           An act relating to courts; making the housing calendar 
          consolidation projects in the second and fourth 
          judicial districts permanent law; changing certain 
          definitions relating to housing; providing for changes 
          in certain housing reports; amending Minnesota 
          Statutes 1992, sections 504.33, subdivisions 3, 5, and 
          7; and 504.34, subdivisions 1 and 2; Laws 1989, 
          chapter 328, article 2, section 17; repealing Laws 
          1989, chapter 328, article 2, sections 18 and 19. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, section 504.33, 
subdivision 3, is amended to read: 
    Subd. 3.  [DISPLACE.] "Displace" means to demolish, acquire 
for or convert to a use other than low-income housing, or to 
provide or spend money that directly results in the demolition, 
acquisition, or conversion of housing to a use other than 
low-income housing. 
    "Displace" does not include providing or spending money 
that directly results in:  (i) housing improvements made to 
comply with health, housing, building, fire prevention, housing 
maintenance, or energy codes or standards of the applicable 
government unit; (ii) housing improvements to make housing more 
accessible to a handicapped person; or (iii) the demolition, 
acquisition, or conversion of housing for the purpose of 
creating owner-occupied housing that consists of no more than 
four units per structure. 
    "Displace" does not include downsizing large apartment 
complexes by demolishing less than 25 percent of the units in 
the complex or by eliminating units through reconfiguration and 
expansion of individual units for the purpose of expanding the 
size of the remaining low-income units.  For the purpose of this 
section, "large apartment complex" means two or more adjacent 
buildings containing a total of 100 or more units per complex. 
    Sec. 2.  Minnesota Statutes 1992, section 504.33, 
subdivision 5, is amended to read: 
    Subd. 5.  [LOW-INCOME HOUSING.] (a) "Low-income housing" 
means either: 
    (1) rental housing with a rent less than or equal to 30 
percent of 50 percent of the median income for the county in 
which the rental housing is located, adjusted by size; or 
    (2) rental housing occupied by households with income below 
30 percent of the median for the metropolitan area as defined in 
section 473.121, subdivision 2, adjusted by size. 
    (b) "Low-income housing" also includes rental housing that 
has been vacant for less than two years, that was low-income 
housing when it was last occupied, and that is not condemned as 
being unfit for human habitation by the applicable government 
unit. 
    Sec. 3.  Minnesota Statutes 1992, section 504.33, 
subdivision 7, is amended to read: 
    Subd. 7.  [REPLACEMENT HOUSING.] (a) "Replacement housing" 
means rental housing that is: 
    (1) the lesser of (i) the number and corresponding size of 
low-income housing units displaced, or (ii) sufficient in number 
and corresponding size of those low-income housing units 
displaced to meet the demand for those units.  Notwithstanding 
subclauses (i) and (ii), if the housing impact statement shows 
demonstrated need, displaced units may be replaced by fewer, 
larger units of comparable total size, except that efficiency 
and single room occupancy units may not be replaced by units of 
a larger size; 
    (2) low-income housing for the greater of at least 15 years 
or the compliance period of the federal low-income housing tax 
credit under United States Code, title 26, section 42(i)(1), as 
amended.  This section does not prohibit increases in rent to 
cover operating expenses; 
    (3) in at least standard condition; and 
    (4) located in the city where the displaced low-income 
housing units were located. 
    Replacement housing may be provided as newly constructed 
housing, or rehabilitated housing that was previously unoccupied 
or vacant and in condemnable condition or rent subsidized 
existing housing that does not already qualify as low-income 
housing. 
    (b) Notwithstanding the requirements in paragraph (a), 
public housing units which are a part of a disposition plan 
approved by the Department of Housing and Urban Development 
automatically qualify as replacement housing for public housing 
units which are displaced. 
    Sec. 4.  Minnesota Statutes 1992, section 504.34, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ANNUAL REPORT REQUIRED.] A government unit 
shall prepare an annual a housing impact report either: 
    (1) for each year in which the government unit displaces 
ten or more units of low-income housing in a city of the first 
class as defined in section 410.01; or 
    (2) when a specific project undertaken by a government unit 
for longer than one year displaces a total of ten or more units 
of low-income housing in a city of the first class as defined in 
section 410.01. 
    Sec. 5.  Minnesota Statutes 1992, section 504.34, 
subdivision 2, is amended to read: 
    Subd. 2.  [DRAFT ANNUAL HOUSING IMPACT REPORT.] A 
government unit subject to this section must prepare a draft 
annual housing impact report for review and comment by 
interested persons.  The draft report must be completed by 
January 31 of the year immediately following a year in which the 
government unit has displaced ten or more units of low-income 
housing in a city.  For a housing impact report required under 
subdivision 1, clause (2), the draft report must be completed by 
January 31 of the year immediately following the year in which 
the government unit has displaced a cumulative total of ten 
units of low-income housing in a city. 
    Sec. 6.  Laws 1989, chapter 328, article 2, section 17, is 
amended to read: 
    Sec. 17.  [484.013] [HOUSING CALENDAR CONSOLIDATION PILOT 
PROJECT PROGRAM.] 
    Subdivision 1.  [ESTABLISHMENT.] A three-year pilot project 
may be program is established in the second and fourth judicial 
districts to consolidate the hearing and determination of 
matters related to residential rental housing and to ensure 
continuity and consistency in the disposition of cases. 
    Subd. 2.  [JURISDICTION.] The housing calendar project 
program may consolidate the hearing and determination of all 
proceedings under Minnesota Statutes, chapters 504 and 566; 
criminal and civil proceedings related to violations of any 
state, county or city health, safety, housing, building, fire 
prevention or housing maintenance code; escrow of rent 
proceedings; landlord-tenant damage actions; and actions for 
rent and rent abatement.  A proceeding under sections 566.01 to 
566.17 may not be delayed because of the consolidation of 
matters under the housing calendar project program.  
    Subd. 3.  [REFEREE.] The chief judge of district court may 
appoint a referee for the housing calendar project program.  The 
referee must be learned in the law.  The referee must be 
compensated according to the same scale used for other referees 
in the district court.  Minnesota Statutes, section 484.70, 
subdivision 6, applies to the housing calendar project program. 
    Subd. 4.  [REFEREE DUTIES.] The duties and powers of the 
referee in the housing calendar project program are as follows: 
    (1) to hear and report all matters within the jurisdiction 
of the housing calendar project program and as may be directed 
to the referee by the chief judge; and 
    (2) to recommend findings of fact, conclusions of law, 
temporary and interim orders, and final orders for judgment. 
    All recommended orders and findings of the referee are 
subject to confirmation by a judge. 
    Subd. 5.  [TRANSMITTAL OF COURT FILE.] Upon the conclusion 
of the hearing in each case, the referee must shall transmit to 
the district court judge, the court file together with the 
referee's recommended findings and orders in writing.  The 
recommended findings and orders of the referee become the 
findings and orders of the court when confirmed by the district 
court judge.  The order of the court is proof of the 
confirmation. 
    Subd. 6.  [CONFIRMATION OF REFEREE ORDERS.] Review of any a 
recommended order or finding of the referee by a district court 
judge may be had by notice served and filed within ten days of 
effective notice of the recommended order or finding.  The 
notice of review must specify the grounds for the review and the 
specific provisions of the recommended findings or orders 
disputed, and the district court judge, upon receipt of the 
notice of review, must shall set a time and place for the review 
hearing. 
    Subd. 7.  [PROCEDURES.] The chief judge of the district 
must establish procedures for the implementation of the pilot 
project program, including designation of a location for the 
hearings.  The chief judge may also appoint other staff as 
necessary for the project program. 
    Subd. 8.  [EVALUATION.] The state court administrator may 
establish a procedure in consultation with the chief judge of 
each district, each district administrator, and an advisory 
group for evaluating the efficiency and the effectiveness of 
consolidating the hearing of residential rental housing matters, 
and must report to the legislature by January 1, 1992.  An 
advisory group, appointed by the state court administrator, may 
be established to provide ongoing oversight and evaluation of 
the housing calendar consolidation project program.  The 
advisory group must include representatives of the second and 
fourth judicial districts and must be composed of at least one 
representative from each of the following groups:  the state 
court administrator's office; the district court administrator's 
office; the district judges; owners of rental property; and 
tenants. 
    Sec. 7.  [REPEALER.] 
    Laws 1989, chapter 328, article 2, sections 18 and 19, are 
repealed. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Notwithstanding Laws 1989, chapter 328, article 2, section 
19, or other law, sections 6 and 7 are effective the day after 
final enactment. 
    Presented to the governor May 15, 1993 
    Signed by the governor May 19, 1993, 8:24 a.m.