Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

CHAPTER 8--H.F.No. 4

An act

relating to state government; establishing a budget for the Minnesota Housing Finance Agency; modifying various housing policy provisions; expanding requirements and uses of housing infrastructure bonds and rehabilitation loans; expanding accommodation requirements for service and support animals; expanding property ownership options to owners of manufactured homes; providing for an eviction moratorium phaseout; establishing a task force on shelter; making technical and conforming changes; requiring a report; appropriating money;

amending Minnesota Statutes 2020, sections 12A.09, subdivision 3; 256C.02; 273.11, subdivision 12; 273.125, subdivision 8; 326B.106, subdivision 7; 363A.09, subdivision 5; 462A.05, subdivisions 14, 14a; 462A.07, subdivision 2; 462A.30, subdivision 9; 462A.37, subdivision 5, by adding a subdivision; 474A.21; proposing coding for new law in Minnesota Statutes, chapters 168A; 504B; repealing Minnesota Statutes 2020, section 168A.141.

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

ARTICLE 1

APPROPRIATIONS

Section 1.

new text begin USE OF FEDERAL FUNDS FOR HOMEOWNER ASSISTANCE. new text end

new text begin The commissioner of management and budget shall not use any money received by the state from the Homeowner Assistance Fund under Public Law 117-2, the American Rescue Plan, to reimburse the federal coronavirus relief fund for money allocated to the Housing Finance Agency according to the federal coronavirus relief fund action order number 44 that was approved by the commissioner on July 27, 2020. new text end

Sec. 2.

new text begin APPROPRIATIONS. 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. 3.

new text begin HOUSING 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 67,798,000 new text end new text begin $ new text end new text begin 57,798,000 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 15,725,000 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, sections 462A.07, subdivision 14, and 462A.33. 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.07, subdivision 14, and 462A.33. 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 2,750,000 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 3,500,000 new text end new text begin 250,000 new text end

new text begin This appropriation is for the workforce homeownership program under Minnesota Statutes, section 462A.38. 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 1,750,000 new text end new text begin 1,750,000 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 4,338,000 new text end new text begin 4,338,000 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 1,885,000 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 857,000 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 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 nonprofit 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), and $70,000 in fiscal year 2022 and $70,000 in fiscal year 2023 are for Open Access Connections. The appropriations for Open Access Connections are onetime. new text end

new text begin Subd. 16. 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. 17. new text end

new text begin Local Housing Trust Fund Grants new text end

new text begin 1,000,000 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 new public revenue committed to the local housing trust fund from any source other than the state or federal government, up to $150,000, and depending on funding availability, an amount equal to 50 percent of the new 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) The agency shall consult with interested stakeholders when developing the guidelines, applications, and procedures for the program. 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 economic development and housing challenge program under Minnesota Statutes, section 462A.33. new text end

new text begin Subd. 18. new text end

new text begin Task Force on Shelter new text end

new text begin 200,000 new text end new text begin -0- new text end

new text begin This appropriation is to implement the task force on shelter established under article 6. new text end

new text begin Subd. 19. new text end

new text begin Availability of Funds new text end

new text begin Money appropriated in the first year in this article is available the second year. new text end

ARTICLE 2

HOUSING POLICY

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 3bdeleted text begin ,deleted text end new text begin :new text end

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

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

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

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 begin All 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 deleted text begin this paragraphdeleted text end new text begin section 462A.30, subdivision 9new text end . The administering agency or the city shall verify to the satisfaction of the county assessor that the occupant meets the income criteria under deleted text begin this paragraphdeleted text end new text begin section 462A.30, subdivision 9new text end . 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. 4.

Minnesota Statutes 2020, section 326B.106, subdivision 7, is amended to read:

Subd. 7.

Window fall prevention device code.

new text begin (a)new text end The commissioner of labor and industry shall adopt rules for window fall prevention devices as part of the State Building Code. Window fall prevention devices include, but are not limited to, safety screens, hardware, guards, and other devices that comply with the standards established by the commissioner of labor and industry. The rules shall require compliance with standards for window fall prevention devices developed by ASTM International, contained in the International Building Code as the model language with amendments deemed necessary to coordinate with the other adopted building codes in Minnesota. The rules shall establish a scope that includes the applicable building occupancies, and the types, locations, and sizes of windows that will require the installation of fall devices.

new text begin (b) In one- and two-family dwellings and townhouses, as defined in Minnesota Rules, part 1309.0202, subpart 1, window fall prevention devices are not required when: (1) the lowest part of the window opening of an operable window is a minimum of 24 inches above the finished floor of the room in which the window is located; or (2) the lowest part of the opening of an operable window is located 72 inches or less above the exterior grade below. new text end

Sec. 5.

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 begin is totally or partially blind, deaf, or has a physical or sensorydeleted text end new 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 disabilitiesdeleted 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. 6.

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 begin Except 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. 7.

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 begin Rehabilitation may include replacement of manufactured homes. new text end No 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 end new text begin $37,500new 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. 8.

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 statenew text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

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 begin 80deleted text end new 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

Sec. 10.

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 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. 11.

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

new text begin (a) 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 (b) For purposes of this section, prorated rent must be calculated using the actual number of calendar days for the calendar month in which the lease expires. new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

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 begin owner 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 membernew 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 REVISOR INSTRUCTION. new text end

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

Sec. 5.

new text begin REPEALER. new text end

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

ARTICLE 4

BONDING PROVISIONS

Section 1.

Minnesota Statutes 2020, section 462A.37, is amended by adding a subdivision to read:

new text begin Subd. 2h. new text end

new text begin Additional authorization. new text end

new text begin (a) In addition to the amount authorized in subdivisions 2 to 2g, the agency may issue up to $100,000,000 in housing infrastructure bonds in one or more series to which the payments under this section may be pledged. Of this authorization, proceeds from the sale of bonds authorized in this section must be applied as follows unless modified under paragraph (b): new text end

new text begin (1) $18,333,000 for uses under subdivision 2, paragraph (a), clause (7); and new text end

new text begin (2) $15,000,000 for acquisition of manufactured home parks and for manufactured home park improvements and infrastructure under subdivision 2, paragraph (a), clause (4). new text end

new text begin (b) The agency must use its best efforts to award grants and loans for the purposes allocated in paragraph (a), clauses (1) and (2). If the agency has not committed the full amount of the allocations by January 16, 2024, to the described purposes due to a lack of qualifying projects, the allocated amount may be applied to other purposes authorized in subdivision 2. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 16, 2022. new text end

Sec. 2.

Minnesota Statutes 2020, section 462A.37, subdivision 5, is amended to read:

Subd. 5.

Additional appropriation.

(a) The agency must certify annually to the commissioner of management and budget the actual amount of annual debt service on each series of bonds issued under this section.

(b) Each July 15, beginning in 2015 and through 2037, if any housing infrastructure bonds issued under subdivision 2a remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a), not to exceed $6,400,000 annually. The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.

(c) Each July 15, beginning in 2017 and through 2038, if any housing infrastructure bonds issued under subdivision 2b remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a), not to exceed $800,000 annually. The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.

(d) Each July 15, beginning in 2019 and through 2040, if any housing infrastructure bonds issued under subdivision 2c remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a), not to exceed $2,800,000 annually. The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.

(e) Each July 15, beginning in 2020 and through 2041, if any housing infrastructure bonds issued under subdivision 2d remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.

(f) Each July 15, beginning in 2020 and through 2041, if any housing infrastructure bonds issued under subdivision 2e remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.

(g) Each July 15, beginning in 2022 and through 2043, if any housing infrastructure bonds issued under subdivision 2f remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.

(h) Each July 15, beginning in 2022 and through 2043, if any housing infrastructure bonds issued under subdivision 2g remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget.

new text begin (i) Each July 15, beginning in 2023 and through 2044, if any housing infrastructure bonds issued under subdivision 2h remain outstanding, the commissioner of management and budget must transfer to the housing infrastructure bond account established under section 462A.21, subdivision 33, the amount certified under paragraph (a). The amounts necessary to make the transfers are appropriated from the general fund to the commissioner of management and budget. new text end

deleted text begin (i)deleted text end new text begin (j) new text end The agency may pledge to the payment of the housing infrastructure bonds the payments to be made by the state under this section.

Sec. 3.

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 begin generaldeleted text end new 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 begin generaldeleted text end new 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. 4.

new text begin HOUSING 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

Sec. 5.

new text begin ADJUSTMENT TO HOUSING INFRASTRUCTURE BOND AUTHORIZATION. new text end

new text begin (a) The housing infrastructure bond authorization in Minnesota Statutes, section 462A.37, subdivision 2h, is reduced by the amount of new federal funds appropriated and dedicated for loans and grants for the same purposes authorized in Minnesota Statutes, section 462A.37, subdivision 2, paragraph (a), or for any specific purpose that falls within one or more of the purposes authorized in Minnesota Statutes, section 462A.37, subdivision 2, paragraph (a), enacted by Congress as part of an infrastructure bill or other bill that is not the annual Transportation Housing and Urban Development appropriations bill between June 1, 2021, and December 31, 2021. The allocations in Minnesota Statutes, section 462A.37, subdivision 2h, paragraph (a), clauses (1) and (2), are reduced by the amount of federal funds that are appropriated for and dedicated to the purposes specified in Minnesota Statutes, section 462A.37, subdivision 2h, paragraph (a), clauses (1) and (2). new text end

new text begin (b) The Minnesota Housing Finance Agency must report to the chairs and ranking minority members of the committees in the senate and the house of representatives with jurisdiction over housing policy and finance by January 15, 2022, as to the amount that the authorization and allocations in Minnesota Statutes, section 462A.37, subdivision 2h, are reduced under this section. 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 5

EVICTION MORATORIUM PHASEOUT

Section 1.

new text begin EXECUTIVE ORDERS 20-14, 20-73, AND 20-79 VOID. new text end

new text begin Notwithstanding Minnesota Statutes, chapter 12, or any other law to the contrary, Executive Orders 20-14, 20-73, and 20-79 are null and void. 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

Sec. 2.

new text begin EVICTION MORATORIUM PHASEOUT. new text end

new text begin (a) For purposes of this section, a "COVID-19 emergency rental assistance program" means an emergency rental assistance program authorized under the federal Consolidated Appropriations Act, 2021, Public Law 116-260, or the federal American Rescue Plan Act, 2021, Public Law 117-2. new text end

new text begin (b) Notwithstanding any law to the contrary, the following actions are prohibited: new text end

new text begin (1) termination or nonrenewal of residential leases, except: new text end

new text begin (i) at the request of a tenant or where the termination is due to the tenant seriously endangering the safety of others or significantly damaging property; new text end

new text begin (ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1; new text end

new text begin (iii) for material violations of the lease other than nonpayment of rent; and new text end

new text begin (iv) from and after 45 days after the date of enactment of this act, for those with outstanding rent who are ineligible for rental assistance through a COVID-19 emergency rental assistance program; new text end

new text begin (2) filing of eviction actions under Minnesota Statutes, section 504B.285 or 504B.291, except: new text end

new text begin (i) where the tenant seriously endangers the safety of others or significantly damages property; new text end

new text begin (ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1; new text end

new text begin (iii) from and after 15 days after the date of enactment of this act, for material violations of the lease other than nonpayment of rent; and new text end

new text begin (iv) from and after 75 days after the date of enactment of this act, for those with outstanding rent who are ineligible for rental assistance through a COVID-19 emergency rental assistance program; new text end

new text begin (3) termination of a residential rental agreement or filing an eviction action under Minnesota Statutes, section 327C.09, except for terminations or eviction actions under Minnesota Statutes, section 327C.09, subdivision 3, or under Minnesota Statutes, section 327C.09, subdivision 5, if the case is based on the resident endangering the safety of other residents or park personnel; and new text end

new text begin (4) delivery of default notices by owners of security interests in manufactured homes located in Minnesota pursuant to Minnesota Statutes, section 327.64. A secured party is also prohibited from commencing an action for a court order to remove an occupant from a manufactured home. new text end

new text begin (c) Notwithstanding paragraph (b), a landlord may file an eviction action or proceed with an eviction action against a tenant: new text end

new text begin (1) who is eligible for assistance through a COVID-19 emergency rental assistance program; and new text end

new text begin (2) who refuses to apply for assistance through the program, refuses to provide information needed by the landlord to apply for assistance on the tenant's behalf, or refuses to provide the landlord with proof that the tenant applied for assistance through the program. new text end

new text begin (d) Nothing in this section shall: new text end

new text begin (1) prohibit an action where the tenant or occupant abandons the premises and relief is sought under Minnesota Statutes, section 504B.271 or 504B.365; new text end

new text begin (2) reduce the rent owed by the tenant to the landlord, prevent the landlord from collecting rent owed, or reduce arrears owed by a tenant for rent; or new text end

new text begin (3) prohibit a tenant who is ineligible for assistance through a COVID-19 emergency rental assistance program from applying for or obtaining rental assistance through other programs. new text end

new text begin (e) This section expires 105 days after the date of enactment of this act. 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

Sec. 3.

new text begin COVID-19 EMERGENCY RENTAL ASSISTANCE NOTIFICATION. new text end

new text begin (a) At least 15 days prior to filing an eviction action against a tenant based on nonpayment of rent, a landlord must provide a written notice to the tenant with the following information: new text end

new text begin (1) the state eviction moratorium has ended and the tenant may soon be subject to an eviction action; new text end

new text begin (2) the total amount of rent past due; and new text end

new text begin (3) a tenant should visit renthelpmn.org or call 211 to see if they are eligible for financial assistance. new text end

new text begin (b) If the court finds that proper notice was not provided, the court may exercise discretion in staying an eviction proceeding until proper notice is provided. new text end

new text begin (c) Where a landlord has substantially complied with this section, a lack of strict compliance with this section is not a defense to an action brought under Minnesota Statutes, chapter 504B, and shall not constitute grounds for dismissal of such an action. new text end

new text begin (d) This section expires 105 days after the date of enactment of this act. 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

Sec. 4.

new text begin EVICTIONS; PENDING APPLICATIONS FOR RENTAL ASSISTANCE. new text end

new text begin Notwithstanding any law to the contrary, including section 2, the filing of an eviction action or proceeding with an eviction action based on nonpayment of rent against a tenant with a pending application for assistance through an emergency rental assistance program authorized under the federal Consolidated Appropriations Act, 2021, Public Law 116-260, or the federal American Rescue Plan Act, 2021, Public Law 117-2, is prohibited. If the tenant reasonably has access to the information, the tenant must provide the landlord or court with proof of a pending application and reason for a delay, if any, in processing the tenant's application. This section expires June 1, 2022. 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

TASK FORCE ON SHELTER

Section 1.

new text begin TASK FORCE ON SHELTER. 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. 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. 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 is established to: new text end

new text begin (1) develop standards for the provision of shelter; and new text end

new text begin (2) examine the need for, and the feasibility and cost of, establishing state oversight of shelter. 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 public members who have experienced homelessness and resided in a shelter, at least one of whom has resided in a shelter in greater Minnesota; new text end

new text begin (8) one public member 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 cities, one representing a metropolitan city and the other representing a city in greater Minnesota; and new text end

new text begin (16) two representatives from counties, one representing a metropolitan county and the other representing a county in greater Minnesota. new text end

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

new text begin (c) Task force members shall serve without compensation, except for public members. 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 at least once every two months. 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 The task force must: new text end

new text begin (1) examine existing shelter policies and practices in shelters of all types, including shelter in the seven-county metropolitan area, suburbs, and greater Minnesota, and shelter for single adults, families, and survivors of domestic violence; new text end

new text begin (2) engage stakeholders, which include but are not limited to: new text end

new text begin (i) shelter providers; new text end

new text begin (ii) people who have experienced homelessness and resided in shelter; new text end

new text begin (iii) relevant state and local agencies; and new text end

new text begin (iv) other persons or organizations with expertise in homelessness; and new text end

new text begin (3) make recommendations to the legislature regarding standards that will strengthen the shelter system and ensure that shelters have the ability and resources to provide safe and appropriate shelter services to those who need them. 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 its findings and recommendations. 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 its findings and recommendations. 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

Presented to the governor June 29, 2021

Signed by the governor June 29, 2021, 1:43 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes