1998 Minnesota Statutes

     566.29 Administrator. 

    Subdivision 1.    Administrator.  The administrator may 
 be a person, local government unit or agency, other than an 
 owner of the building, the inspector, the complaining tenant or 
 any person living in the complaining tenant's dwelling unit.  If 
 a state or court agency is authorized by statute, ordinance or 
 regulation to provide persons or neighborhood organizations to 
 act as administrators under this section, the court may appoint 
 such persons or neighborhood organizations as administrators to 
 the extent they are available.  

    Subd. 2.    Posting bond.  Such person or neighborhood 
 organization shall post bond to the extent of the rents expected 
 by the court to be necessary to be collected to correct the 
 violation or violations.  Administrators appointed from the 
 governmental agencies shall not be required to give bond.  

    Subd. 3.    Expenses.  The court may allow a reasonable 
 amount for the services of administrators, and the expense of 
 the administration from any rent money, or upon termination of 
 administration, may enter judgment against the owner in a 
 reasonable amount for the services and expenses incurred by the 
 administrator.  

    Subd. 4.    Powers.  The administrator is authorized to: 

    (a) collect rents from tenants and commercial tenants, 
 evict tenants and commercial tenants for nonpayment of rent or 
 other cause, enter into leases for vacant dwelling units, rent 
 vacant commercial units with the consent of the owner and 
 exercise all other powers necessary and appropriate to carry out 
 the purposes of Laws 1973, chapter 611; 

    (b) contract for the reasonable cost of materials, labor 
 and services necessary to remedy the violation or violations 
 found by the court to exist and for the rehabilitation of the 
 property in order to maintain safe and habitable conditions over 
 the useful life of the property, and make disbursements for 
 payment therefor from funds available for the purpose; 

    (c) provide any services to the tenants which the owner is 
 obligated to provide but refuses or fails to provide, and pay 
 for them from funds available for the purpose; 

    (d) petition the court, after notice to the parties, for an 
 order allowing the administrator to encumber the premises to 
 secure funds to the extent necessary to cover the cost of 
 materials, labor, and services, including reasonable fees for 
 the administrator's services, necessary to remedy the violation 
 or violations found by the court to exist and for rehabilitation 
 of the property in order to maintain safe and habitable 
 conditions over the useful life of the property, and to pay for 
 them from funds derived from the encumbrance; and 

    (e) petition the court, after notice to the parties, for an 
 order allowing the administrator to receive funds made available 
 for this purpose by the federal or state governing body or the 
 municipality to the extent necessary to cover the cost of 
 materials, labor, and services necessary to remedy the violation 
 or violations found by the court to exist and for rehabilitation 
 of the property in order to maintain safe and habitable 
 conditions over the useful life of the property, and pay for 
 them from funds derived from this source.  The municipality 
 shall recover disbursements by special assessment on the real 
 estate affected, bearing interest at the rate determined by the 
 municipality, not exceeding the rate established for finance 
 charges for open-end credit sales under section 334.16, 
 subdivision 1, clause (b), with the assessment, interest and any 
 penalties to be collected the same as special assessments made 
 for other purposes under state statute or municipal charter. 

    Subd. 5.    Termination of administration.  At any time 
 during the administration the administrator, or any party, may 
 petition the court after notice to all parties for an order 
 terminating the administration on the ground that the funds 
 available to the administrator are insufficient to effect the 
 prompt remedy of the violations.  Upon finding the petition 
 proved the court shall terminate the administration and proceed 
 to judgment pursuant to the provisions of section 566.25, clause 
 (d).  

    Subd. 6.    Building repairs and services.  The 
 administrator must first contract and pay for building repairs 
 and services necessary to keep the building habitable before 
 other expenses may be paid.  If sufficient funds are not 
 available for paying other expenses, such as tax and mortgage 
 payments, after paying for necessary repairs and services, the 
 owner is responsible for the other expenses. 

    Subd. 7.    Administrator's liability.  The 
 administrator may not be held personally liable in the 
 performance of duties under this section except for misfeasance, 
 malfeasance, or nonfeasance of office. 

    Subd. 8.    Dwelling's economic viability.  In 
 considering whether to grant the administrator funds under 
 subdivision 4, the court must consider factors relating to the 
 long-term economic viability of the dwelling.  The court's 
 analysis must consider factors including the causes leading to 
 the appointment of an administrator, the repairs necessary to 
 bring the property into code compliance, the market value of the 
 property, and whether present and future rents will be 
 sufficient to cover the cost of repairs or rehabilitation. 

    HIST: 1973 c 611 s 24; 1982 c 492 s 4; 1986 c 444; 1989 c 328 
 art 2 s 9-13; 1990 c 451 s 8-10; 1992 c 376 art 1 s 14,15 

*   NOTE:  This section is repealed by Laws 1998, chapter 253, 
*section 80, effective July 1, 1999.  Laws 1998, chapter 253, 
*section 81.