Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 229-H.F.No. 1195 
                  An act relating to landlords and tenants; providing 
                  for certain eviction records to be sealed; modifying 
                  requirements for tenant screening reports in the 
                  second and fourth judicial districts; amending 
                  Minnesota Statutes 1998, section 504.30, subdivision 
                  4; proposing coding for new law in Minnesota Statutes, 
                  chapter 484. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [484.014] [HOUSING RECORDS; EXPUNGEMENT OF 
        EVICTION INFORMATION.] 
           Subdivision 1.  [DEFINITIONS.] For the purpose of this 
        section, the following terms have the meanings given: 
           (1) "expungement" means the removal of evidence of the 
        court file's existence from the publicly accessible records; 
           (2) "eviction case" means an action brought under sections 
        566.01 to 566.17; and 
           (3) "court file" means the court file created when an 
        eviction case is filed with the court. 
           Subd. 2.  [DISCRETIONARY EXPUNGEMENT.] The court may order 
        expungement of an eviction case court file only 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 
        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. 2.  Minnesota Statutes 1998, 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.  If a tenant 
        screening service knows that a court file has been expunged, the 
        tenant screening service shall delete any reference to that file 
        in any data maintained or disseminated by the screening service. 
        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. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective on the day following final 
        enactment. 
           Presented to the governor May 21, 1999 
           Signed by the governor May 25, 1999, 11:41 a.m.