1998 Minnesota Statutes

     504A.605 Residential tenant reports; disclosure and 
  corrections. 

    Subdivision 1.    Disclosures required.  (a) On request 
 and proper identification, a residential tenant screening 
 service must disclose the following information to an individual:

    (1) the nature and substance of all information in its 
 files on the individual at the time of the request; and 

    (2) the sources of the information. 

    (b) A residential tenant screening service must make the 
 disclosures to an individual without charge if information in a 
 residential tenant report has been used within the 30 days 
 before the request to deny the rental to the individual or 
 increase the security deposit or rent of a residential housing 
 unit to the individual.  

    (c) If the residential tenant report has not been used to 
 deny the rental or increase the rent or security deposit of a 
 residential housing unit within the past 30 days, the 
 residential tenant screening service may impose a reasonable 
 charge for making the disclosure.  The residential tenant 
 screening service must notify the residential tenant of the 
 amount of the charge before furnishing the information.  The 
 charge may not exceed the amount that the residential tenant 
 screening service would impose on each designated recipient of a 
 residential tenant report, except that no charge may be made for 
 notifying persons of the deletion of information which is found 
 to be inaccurate or which can no longer be verified.  

    (d) Files maintained on a residential tenant must be 
 disclosed promptly as established in clauses (1) to (4). 

    (1) A tenant file must be disclosed in person, during 
 normal business hours, at the location where the tenant 
 screening service maintains its files, if the tenant appears in 
 person and furnishes proper identification at that time. 

    (2) A tenant file must be disclosed by mail, if the tenant 
 makes a written request with proper identification for a copy of 
 the information contained in the tenant report and requests that 
 the information be sent to a specified address.  A disclosure 
 made under this clause shall be deposited in the United States 
 mail, postage prepaid, within five business days after the 
 written request for disclosure is received by the tenant 
 screening service.  A tenant screening service complying with a 
 request for disclosure under this clause shall not be liable for 
 disclosures to third parties caused by mishandling mail, 
 provided that the tenant file information is mailed to the 
 address specified by the tenant in the request. 

    (3) A summary of the information in a tenant file must be 
 disclosed by telephone, if the tenant has made a written request 
 with proper identification for telephone disclosure. 

    (4) Information in a tenant's file required to be disclosed 
 in writing under this subdivision may be disclosed in any other 
 form including electronic means if authorized by the tenant and 
 available from the tenant screening service. 

    Subd. 2.    Corrections.  If the completeness or 
 accuracy of an item of information contained in an individual's 
 file is disputed by the individual, the residential tenant 
 screening service must reinvestigate and record the current 
 status of the information.  If the information is found to be 
 inaccurate or can no longer be verified, the residential tenant 
 screening service must delete the information from the 
 individual's file and residential tenant report.  At the request 
 of the individual, the residential tenant screening service must 
 give notification of the deletions to persons who have received 
 the residential tenant report within the six months before the 
 request.  

    Subd. 3.    Explanations.  The residential tenant 
 screening service must permit an individual to explain an 
 eviction report or a disputed item not resolved by 
 reinvestigation in a residential tenant report.  The explanation 
 must be included in the residential tenant report.  The 
 residential tenant screening service may limit the explanation 
 to no more than 100 words.  

    Subd. 4.    Court file information.  (a) If a 
 residential tenant screening service includes information from a 
 court file on an individual in a residential tenant report, the 
 report must provide the full name and date of birth of the 
 individual in any case where the court file includes the 
 individual's full name and date of birth, and the outcome of the 
 court proceeding must be accurately recorded in the 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 5 for the 
 type of action, when it becomes available.  The residential 
 tenant screening service is not liable under section 504A.611 if 
 the residential 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 eviction actions in the second 
 and fourth judicial districts, unless the tenant report 
 accurately records the outcome of the proceeding or other 
 disposition of the eviction action such as settlement, entry of 
 a judgment, default, or dismissal of the action.  

    Subd. 5.    Eviction 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 eviction 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 requirements under section 504A.611 or 
 504A.701, other breach of a lease agreement, or a counterclaim 
 for possession of the property under section 504A.581.  

    Subd. 6.    Information to residential tenant.  If the 
 landlord uses information in a residential tenant report to deny 
 the rental or increase the rent or security deposit of a 
 residential unit, the landlord must inform the prospective 
 tenant of the name and address of the residential tenant 
 screening service that provided the residential tenant report.  

    HIST: 1998 c 253 s 74