Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 328-H.F.No. 2040 
                  An act relating to housing; providing for waiver of 
                  fees and surcharges imposed on motor vehicle 
                  registration data requests under certain 
                  circumstances; requiring the tenant's full name and 
                  date of birth in a written lease; requiring tenant 
                  screening reports and unlawful detainer case files to 
                  include certain information; requesting a study; 
                  amending Minnesota Statutes 1994, sections 168.345, 
                  subdivision 3, and by adding a subdivision; 504.012; 
                  504.181, subdivision 1; 504.30, subdivision 4, and by 
                  adding a subdivision; and 566.05. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 168.345, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] 
        Except as otherwise provided in subdivision 4, the commissioner 
        shall impose a surcharge of 50 cents on each fee charged by the 
        commissioner under section 13.03, subdivision 3, for copies or 
        electronic transmittal of public information concerning motor 
        vehicle registrations.  This surcharge only applies to a fee 
        imposed in responding to a request made in person or by mail, or 
        to a request for transmittal through a computer modem.  The 
        surcharge does not apply to the request of an individual for 
        information concerning vehicles registered in that individual's 
        name.  The commissioner shall forward the surcharges collected 
        under this subdivision to the commissioner of finance on a 
        monthly basis.  Upon receipt, the commissioner of finance shall 
        credit the surcharges to the general fund. 
           Sec. 2.  Minnesota Statutes 1994, section 168.345, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [EXCEPTION TO FEE AND SURCHARGE.] Notwithstanding 
        subdivision 3 or section 13.03, no fee or surcharge shall be 
        imposed in responding to a request for public information 
        concerning motor vehicle registrations if the requester gives 
        the commissioner a signed statement that: 
           (1) the requester seeks the information on behalf of a 
        community-based, nonprofit organization which has been 
        designated by the local law enforcement agency to be a 
        requester; and 
           (2) the information is needed in order to identify 
        suspected prostitution law violators, controlled substance law 
        violators, or health code violators. 
           The commissioner may not require a requester to make a 
        certain minimum number of data requests nor limit a requester to 
        a certain maximum number of data requests. 
           Sec. 3.  Minnesota Statutes 1994, section 504.012, is 
        amended to read: 
           504.012 [WRITTEN LEASE REQUIRED; PENALTY.] 
           An owner of a multiunit building, with 12 or more 
        residential units, shall have a written lease for each unit 
        rented to a residential tenant.  Notwithstanding any other state 
        law or city ordinance to the contrary, a landlord may ask for 
        the tenant's full name and date of birth on the lease and 
        application.  An owner who fails to provide a lease, as required 
        under this section, is guilty of a petty misdemeanor.  The 
        definitions of "owner," "tenant," and "building" in section 
        566.18 apply to this section. 
           Sec. 4.  Minnesota Statutes 1994, section 504.181, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COVENANT NOT TO ALLOW DRUGS.] In every 
        lease or license of residential premises, whether in writing or 
        parol, the lessee or licensee covenants that: 
           (1)  the lessee or licensee will not unlawfully allow 
        controlled substances in those premises; and 
           (2) the common area and curtilage will not be used by the 
        lessee or licensee or others acting under the lessee's or 
        licensee's control to manufacture, sell, give away, barter, 
        deliver, exchange, distribute, purchase, or possess a controlled 
        substance in violation of any criminal provision of chapter 152. 
           The covenant is not violated when a person other than the 
        lessee or licensee possesses or allows controlled substances in 
        the premises, common area, or curtilage, unless the lessee or 
        licensee knew or had reason to know of that activity.  
           Sec. 5.  Minnesota Statutes 1994, section 504.30, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COURT FILE INFORMATION.] (a) If a tenant 
        screening service includes information from a court file on an 
        individual in a 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 tenant report including the specific 
        basis of the court's decision, when available.  Whenever 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 4a for the type of 
        action, when it becomes available.  The tenant screening service 
        is not liable under section 504.31 if the tenant screening 
        service reports complete and accurate information as provided by 
        the court. 
           (b) A tenant screening service shall not provide tenant 
        reports containing information on unlawful detainer actions in 
        the second and fourth judicial districts, unless the tenant 
        report accurately records the outcome of the proceeding or other 
        disposition of the unlawful detainer action such as settlement, 
        entry of a judgment, default, or dismissal of the action. 
           Sec. 6.  Minnesota Statutes 1994, section 504.30, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [UNLAWFUL DETAINER ACTION CODING.] The court 
        shall indicate on the court file or any summary of a court file 
        the specific basis of the court's decision in an unlawful 
        detainer action according to codes developed by the court that, 
        at a minimum, indicates if the basis of the court's decision is 
        nonpayment of rent, a violation of the covenants under section 
        504.18 or 504.181, other breach of a lease agreement, or a 
        counterclaim for possession of the premises under section 566.34.
           Sec. 7.  Minnesota Statutes 1994, section 566.05, is 
        amended to read: 
           566.05 [COMPLAINT AND SUMMONS.] 
           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, and praying for 
        restitution thereof.  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. 
        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.  The appearance shall be 
        not less than seven nor more than 14 days from the day of 
        issuing the summons.  In scheduling appearances under this 
        section, the court shall give priority to any unlawful detainer 
        brought under section 504.181, 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.  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. 
           Sec. 8.  [STUDY REQUESTED.] 
           The Hennepin and Ramsey county attorneys offices shall 
        convene a working group to study and explore options for dealing 
        with negative community impacts of chronic drug dealing and 
        nuisance activity including: 
           (1) barriers to full implementation of current nuisance 
        law; 
           (2) community and criminal justice system response to drug 
        offenders and drug addicted persons including drug courts; 
           (3) response to chronic substance abusers; 
           (4) fraudulent rental histories created by tenants, 
        landlords, and screening services; and 
           (5) facilitating a greater role and responsibility for 
        neighborhood organizations in combating negative community 
        impacts of drug and nuisance behavior. 
           The county attorneys are requested to consult with 
        representatives of the housing court, landlords, tenants, legal 
        aid, neighborhood community crime prevention, law enforcement 
        community crime prevention, and anyone else the county attorneys 
        determine would be helpful, and report to the legislature the 
        results of the study and any recommendations by December 15, 
        1996. 
           Sec. 9.  [EFFECTIVE DATE.] 
           Sections 3 and 4 are effective August 1, 1996, and apply to 
        leases entered into, renewed, or modified on or after that 
        date.  Section 7 is effective August 1, 1996, and applies to any 
        unlawful detainer action brought against a tenant whose tenancy 
        begins on or after that date or for a tenant whose lease is 
        renewed or modified on or after that date.  Section 8 is 
        effective the day after final enactment. 
           Presented to the governor March 15, 1996 
           Signed by the governor March 18, 1996, 9:52 a.m.