Bill Text: MN HF859 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Landlords and tenants; victims of violence remedies established, and housing opportunities made equitable pilot project established.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Passed) 2014-05-02 - Secretary of State Chapter 188 05/01/14 [HF859 Detail]
Download: Minnesota-2013-HF859-Engrossed.html
1.2relating to housing; landlord and tenant; establishing remedies for victims of
1.3violence; establishing a housing opportunities made equitable pilot project;
1.4amending Minnesota Statutes 2012, sections 504B.171, subdivision 1; 504B.206;
1.5504B.285, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 504B.171, subdivision 1, is amended to
1.8read:
1.9 Subdivision 1. Terms of covenant. (a) In every lease or license of residential
1.10premises, whether in writing or parol, the landlord or licensor and the tenant or licensee
1.11covenant that:
1.12(1) neither will:
1.13(i) unlawfully allow controlled substances in those premises or in the common
1.14area and curtilage of the premises;
1.15(ii) allow prostitution or prostitution-related activity as defined in section617.80,
1.16subdivision 4 , to occur on the premises or in the common area and curtilage of the premises;
1.17(iii) allow the unlawful use or possession of a firearm in violation of section609.66,
1.18subdivision 1a ,
609.67 , or
624.713 , on the premises or in the common area and curtilage
1.19of the premises; or
1.20(iv) allow stolen property or property obtained by robbery in those premises or in the
1.21common area and curtilage of the premises; and
1.22(2) the common area and curtilage of the premises will not be used by either the
1.23landlord or licensor or the tenant or licensee or others acting under the control of either to
1.24manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a
1.25controlled substance in violation of any criminal provision of chapter 152. The covenant
2.1is not violated when a person other than the landlord or licensor or the tenant or licensee
2.2possesses or allows controlled substances in the premises, common area, or curtilage,
2.3unless the landlord or licensor or the tenant or licensee knew or had reason to know of
2.4that activity.
2.5(b) In every lease or license of residential premises, whether in writing or parol, the
2.6tenant or licensee covenant that the tenant or licensee will not commit an act enumerated
2.7under section 504B.206, subdivision 1, paragraph (a), against a tenant or licensee or
2.8any authorized occupant.
2.9 Sec. 2. Minnesota Statutes 2012, section 504B.206, is amended to read:
2.10504B.206 RIGHT OF VICTIMS OFDOMESTIC ABUSE VIOLENCE TO
2.11TERMINATE LEASE.
2.12 Subdivision 1. Right to terminate; procedure. (a)A tenant to a residential lease
2.13who is a victim of domestic abuse and fears imminent domestic abuse against the tenant
2.14or the tenant's minor children if the tenant or the tenant's minor children remain in the
2.15leased premises may terminate a lease agreement without penalty or liability as provided
2.16in this section. The tenant must provide advance written notice to the landlord stating that
2.17 A tenant to a residential lease may terminate a lease agreement in the manner provided in
2.18this section without penalty or liability, if the tenant or another authorized occupant fears
2.19imminent violence after being subjected to:
2.20 (1)the tenant fears imminent domestic abuse from a person named in an order
2.21for protection or no contact order domestic abuse, as that term is defined under section
2.22518B.01, subdivision 2;
2.23 (2)the tenant needs to terminate the tenancy; and criminal sexual conduct under
2.24sections 609.342 to 609.3451; or
2.25 (3)the specific date the tenancy will terminate stalking, as that term is defined under
2.26section 609.749, subdivision 1.
2.27(b) The tenant must provide signed and dated advance written notice to the landlord:
2.28(1) stating the tenant fears imminent violence from a person as indicated in a
2.29qualifying document against the tenant or an authorized occupant if the tenant or
2.30authorized occupant remains in the leased premises;
2.31(2) stating that the tenant needs to terminate the tenancy;
2.32(3) providing the date by which the tenant will vacate; and
2.33(4) providing written instructions for the disposition of any remaining personal
2.34property in accordance with section 504B.271.
3.1(b) (c) The written notice must be delivered before the termination of the tenancy by
3.2mail, fax, or in person, and be accompanied bythe order for protection or no contact order
3.3 a qualifying document.
3.4(c) For purposes of this section, an order for protection means an order issued under
3.5chapter 518B. A no contact order means a no contact order currently in effect, issued
3.6under section
629.75 or chapter 609.
3.7(d) The landlord may request that the tenant disclose the name of the perpetrator and,
3.8if a request is made, inform the tenant that the landlord seeks disclosure to protect other
3.9tenants in the building. The tenant may decline to provide the name of the perpetrator for
3.10safety reasons. Disclosure shall not be a precondition of terminating the lease.
3.11(e) The tenancy terminates, including the right of possession of the premises, as
3.12provided in subdivision 3.
3.13 Subd. 2. Treatment of information. (a) A landlord must not disclose:
3.14 (1) any information provided to the landlord by a tenantdocumenting domestic
3.15abuse in the written notice required under subdivision 1., paragraph (b);
3.16(2) any information contained in the qualifying document;
3.17(3) the address or location to which the tenant has relocated; or
3.18(4) the status of the tenant as a victim of violence.
3.19 (b) The information referenced in paragraph (a) must not be entered into any shared
3.20database or provided to any person or entity but may be used when required as evidence in
3.21an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims
3.22under section504B.178 , with the consent of the tenant, or as otherwise required by law.
3.23 Subd. 3. Liability for rent; termination of tenancy. (a) A tenant who is a sole
3.24tenant and is terminating a lease under subdivision 1 is responsible for the rent payment
3.25for the full month in which the tenancy terminatesand an additional amount equal to one
3.26month's rent. The tenant forfeits all claims for the return of the security deposit under
3.27section 504B.178 and is relieved of any other contractual obligation for payment of rent or
3.28any other charges for the remaining term of the lease, except as provided in this section. In
3.29a sole tenancy, the tenancy terminates on the date specified in the notice provided to the
3.30landlord as required under subdivision 1.
3.31(b) In a tenancy with multiple tenants, one of whom is terminating the lease under
3.32subdivision 1, any lease governing all tenants is terminated at the latter of the end of
3.33the month or the end of the rent interval in which one tenant terminates the lease under
3.34subdivision 1. All tenants are responsible for the rent payment for the full month in which
3.35the tenancy terminates. Upon termination, all tenants forfeit all claims for the return of
3.36the security deposit under section 504B.178 and are relieved of any other contractual
4.1obligation for payment of rent or any other charges for the remaining term of the lease,
4.2except as provided in this section. Any tenant whose tenancy was terminated under this
4.3paragraph may reapply to enter into a new lease with the landlord.
4.4(b) (c) This section does not affect a tenant's liability for delinquent, unpaid rent
4.5or other amounts owed to the landlord before the lease was terminated by the tenant
4.6under this section.
4.7(c) The tenancy terminates, including the right of possession of the premises, on the
4.8termination date stated in the notice under subdivision 1. The amount equal to one month's
4.9rent must be paid on or before the termination of the tenancy for the tenant to be relieved of
4.10the contractual obligations for the remaining term of the lease as provided in this section.
4.11(d) For purposes of this section, the provisions of section
504B.178 are triggered
4.12as follows:
4.13(1) if the only tenant is the tenant who is the victim of domestic abuse and the
4.14tenant's minor children, if any, upon the first day of the month following the later of:
4.15(i) the date the tenant vacates the premises; or
4.16(ii) the termination of the tenancy indicated in the written notice under subdivision
4.171; or
4.18(2) if there are additional tenants bound by the lease, upon the expiration of the lease.
4.19Subd. 4. Multiple tenants. Notwithstanding the release of a tenant from a lease
4.20agreement under this section, if there are any remaining tenants the tenancy continues for
4.21those remaining tenants.
4.22 Subd. 5. Waiver prohibited. A residential tenant may not waive, and a landlord
4.23may not require the residential tenant to waive, the tenant's rights under this section.
4.24 Subd. 6.Definition Definitions. For purposes of this section, "domestic abuse"
4.25has the meaning given in section
518B.01, subdivision 2
4.26meanings given:
4.27(1) "court official" means a judge, referee, court administrator, prosecutor, probation
4.28officer, or victim's advocate, whether employed by or under contract with the court, who is
4.29authorized to act on behalf of the court;
4.30(2) "qualified third party" means a person, acting in an official capacity, who has had
4.31in-person contact with the tenant and is:
4.32(i) a licensed health care professional operating within the scope of the license;
4.33(ii) a domestic abuse advocate, as that term is defined in section 595.02, subdivision
4.341, paragraph (l); or
4.35(iii) a sexual assault counselor, as that term is defined in section 595.02, subdivision
4.361, paragraph (k);
5.1(3) "qualifying document" means:
5.2(i) a valid order for protection issued under chapter 518B;
5.3(ii) a no contact order currently in effect, issued under section 629.75 or chapter 609;
5.4(iii) a writing produced and signed by a court official, acting in an official capacity,
5.5documenting that the tenant or authorized occupant is a victim of domestic abuse, as that
5.6term is defined under section 518B.01, subdivision 2, criminal sexual conduct, under
5.7sections 609.342 to 609.3451, or stalking, as that term is defined under section 609.749,
5.8subdivision 1, and naming the perpetrator, if known;
5.9(iv) a writing produced and signed by a city, county, state, or tribal law enforcement
5.10official, acting in an official capacity, documenting that the tenant or authorized occupant
5.11is a victim of domestic abuse, as that term is defined under section 518B.01, subdivision 2,
5.12criminal sexual conduct, under sections 609.342 to 609.3451, or stalking, as that term is
5.13defined under section 609.749, subdivision 1, and naming the perpetrator, if known; or
5.14(v) a statement by a qualified third party, in the following form:
5.16 I, .................... (name of qualified third party), do hereby verify as follows:
5.17 1. I am a licensed health care professional, domestic abuse advocate, as that term is
5.18defined in section 595.02, subdivision 1, paragraph (l), or sexual assault counselor, as that
5.19term is defined in section 595.02, subdivision 1, paragraph (k), who has had in-person
5.20contact with .................... (name of victim(s)).
5.21 2. I have a reasonable basis to believe .................... (name of victim(s)) is a
5.22victim/are victims of domestic abuse, criminal sexual conduct, or stalking and fear(s)
5.23imminent violence against the individual or authorized occupant if the individual remains
5.24(the individuals remain) in the leased premises.
5.25 3. I understand that the person(s) listed above may use this document as a basis for
5.26gaining a release from the lease.
5.27 I attest that the foregoing is true and correct.
5.28(Printed name of qualified third party)
5.29(Signature of qualified third party)
5.30(Business address and business telephone)
5.31(Date)
5.32 Subd. 7. Conflicts with other laws. If a federal statute, regulation, or handbook
5.33permitting termination of a residential tenancy subsidized under a federal program
5.34conflicts with any provision of this section, then the landlord must comply with the federal
5.35statute, regulation, or handbook.
6.1 Sec. 3. Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to read:
6.2 Subdivision 1. Grounds. (a) The person entitled to the premises may recover
6.3possession by eviction when:
6.4(1) any person holds over real property:
6.5(i) after a sale of the property on an execution or judgment; or
6.6(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
6.7after termination of contract to convey the property;
6.8(2) any person holds over real property after termination of the time for which it is
6.9demised or leased to that person or to the persons under whom that person holds possession,
6.10contrary to the conditions or covenants of the lease or agreement under which that person
6.11holds, or after any rent becomes due according to the terms of such lease or agreement; or
6.12(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
6.13(b) A landlord may not commence an eviction action against a tenant or authorized
6.14occupant solely on the basis that the tenant or authorized occupant has been the victim of
6.15any of the acts listed in section 504B.206, subdivision 1, paragraph (a). Nothing in this
6.16paragraph should be construed to prohibit an eviction action based on a breach of the lease.
6.17 Sec. 4. HOUSING OPPORTUNITIES MADE EQUITABLE (HOME) PILOT
6.18PROJECT.
6.19(a) The Housing Opportunities Made Equitable (HOME) pilot project is established to
6.20support closing the disparity gap in affordable homeownership for all communities of color
6.21and American Indians in Minnesota and increase housing opportunities for specific groups
6.22while closing the disparity gap that exists in Minnesota. The pilot project may also support
6.23the redevelopment and rebuilding of challenged neighborhoods affected by the foreclosure
6.24crisis. The Minnesota Housing Finance Agency shall collaborate with the Chicano Latino
6.25Affairs Council, Council on Asian-Pacific Minnesotans, Council on Black Minnesotans,
6.26and Minnesota Indian Affairs Council in designing the implementation of the pilot project.
6.27(b) If funds are available to the Minnesota Housing Finance Agency, the
6.28commissioner may use the available funds to: support the capacity of several local
6.29community nonprofit housing and service providers to administer the HOME pilot
6.30project under this section, to support providers that assist families to attain sustainable,
6.31affordable homeownership as described in paragraph (c) and to make first mortgage loans
6.32as described in paragraph (d).
6.33(c) Assistance to attain sustainable affordable homeownership may include
6.34long-term financial education, training, case management, credit mending, homebuyer
6.35education, and foreclosure prevention mitigation services. The Minnesota Housing
7.1Finance Agency shall choose providers of the assistance described in this paragraph that
7.2have proven track records of assisting culturally diverse groups of people with long-term
7.3education services and that have historically resulted in sustainable affordable housing
7.4opportunities for culturally diverse groups.
7.5(d) Funds may be used to make first mortgage financing to homebuyers who have the
7.6financial resources to pay a mortgage but are unable to access a mortgage that meets their
7.7needs. The mortgage loans will be originated by qualified providers. A qualified provider is
7.8a provider that has a proven track record of assisting culturally diverse groups of people in
7.9attaining sustainable affordable homeownership and that, at a minimum, is in good standing
7.10with the Minnesota Department of Commerce, is licensed to originate mortgage loans, and
7.11has demonstrated an ability to underwrite to FHA or conventional underwriting guidelines.
7.12Qualified providers may be paid an origination fee, service release premium and a standard
7.13fee set in order to expand capacity to assist more families with purchasing a home.
1.3violence; establishing a housing opportunities made equitable pilot project;
1.4amending Minnesota Statutes 2012, sections 504B.171, subdivision 1; 504B.206;
1.5504B.285, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 504B.171, subdivision 1, is amended to
1.8read:
1.9 Subdivision 1. Terms of covenant. (a) In every lease or license of residential
1.10premises, whether in writing or parol, the landlord or licensor and the tenant or licensee
1.11covenant that:
1.12(1) neither will:
1.13(i) unlawfully allow controlled substances in those premises or in the common
1.14area and curtilage of the premises;
1.15(ii) allow prostitution or prostitution-related activity as defined in section
1.16subdivision 4
1.17(iii) allow the unlawful use or possession of a firearm in violation of section
1.18subdivision 1a
1.19of the premises; or
1.20(iv) allow stolen property or property obtained by robbery in those premises or in the
1.21common area and curtilage of the premises; and
1.22(2) the common area and curtilage of the premises will not be used by either the
1.23landlord or licensor or the tenant or licensee or others acting under the control of either to
1.24manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a
1.25controlled substance in violation of any criminal provision of chapter 152. The covenant
2.1is not violated when a person other than the landlord or licensor or the tenant or licensee
2.2possesses or allows controlled substances in the premises, common area, or curtilage,
2.3unless the landlord or licensor or the tenant or licensee knew or had reason to know of
2.4that activity.
2.5(b) In every lease or license of residential premises, whether in writing or parol, the
2.6tenant or licensee covenant that the tenant or licensee will not commit an act enumerated
2.7under section 504B.206, subdivision 1, paragraph (a), against a tenant or licensee or
2.8any authorized occupant.
2.9 Sec. 2. Minnesota Statutes 2012, section 504B.206, is amended to read:
2.10504B.206 RIGHT OF VICTIMS OF
2.11TERMINATE LEASE.
2.12 Subdivision 1. Right to terminate; procedure. (a)
2.13
2.14
2.15
2.16
2.17 A tenant to a residential lease may terminate a lease agreement in the manner provided in
2.18this section without penalty or liability, if the tenant or another authorized occupant fears
2.19imminent violence after being subjected to:
2.20 (1)
2.21
2.22518B.01, subdivision 2;
2.23 (2)
2.24sections 609.342 to 609.3451; or
2.25 (3)
2.26section 609.749, subdivision 1.
2.27(b) The tenant must provide signed and dated advance written notice to the landlord:
2.28(1) stating the tenant fears imminent violence from a person as indicated in a
2.29qualifying document against the tenant or an authorized occupant if the tenant or
2.30authorized occupant remains in the leased premises;
2.31(2) stating that the tenant needs to terminate the tenancy;
2.32(3) providing the date by which the tenant will vacate; and
2.33(4) providing written instructions for the disposition of any remaining personal
2.34property in accordance with section 504B.271.
3.1
3.2mail, fax, or in person, and be accompanied by
3.3 a qualifying document.
3.4
3.5
3.6
3.7(d) The landlord may request that the tenant disclose the name of the perpetrator and,
3.8if a request is made, inform the tenant that the landlord seeks disclosure to protect other
3.9tenants in the building. The tenant may decline to provide the name of the perpetrator for
3.10safety reasons. Disclosure shall not be a precondition of terminating the lease.
3.11(e) The tenancy terminates, including the right of possession of the premises, as
3.12provided in subdivision 3.
3.13 Subd. 2. Treatment of information. (a) A landlord must not disclose:
3.14 (1) any information provided to the landlord by a tenant
3.15
3.16(2) any information contained in the qualifying document;
3.17(3) the address or location to which the tenant has relocated; or
3.18(4) the status of the tenant as a victim of violence.
3.19 (b) The information referenced in paragraph (a) must not be entered into any shared
3.20database or provided to any person or entity but may be used when required as evidence in
3.21an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims
3.22under section
3.23 Subd. 3. Liability for rent; termination of tenancy. (a) A tenant who is a sole
3.24tenant and is terminating a lease under subdivision 1 is responsible for the rent payment
3.25for the full month in which the tenancy terminates
3.26
3.27section 504B.178 and is relieved of any other contractual obligation for payment of rent or
3.28any other charges for the remaining term of the lease, except as provided in this section. In
3.29a sole tenancy, the tenancy terminates on the date specified in the notice provided to the
3.30landlord as required under subdivision 1.
3.31(b) In a tenancy with multiple tenants, one of whom is terminating the lease under
3.32subdivision 1, any lease governing all tenants is terminated at the latter of the end of
3.33the month or the end of the rent interval in which one tenant terminates the lease under
3.34subdivision 1. All tenants are responsible for the rent payment for the full month in which
3.35the tenancy terminates. Upon termination, all tenants forfeit all claims for the return of
3.36the security deposit under section 504B.178 and are relieved of any other contractual
4.1obligation for payment of rent or any other charges for the remaining term of the lease,
4.2except as provided in this section. Any tenant whose tenancy was terminated under this
4.3paragraph may reapply to enter into a new lease with the landlord.
4.4
4.5or other amounts owed to the landlord before the lease was terminated by the tenant
4.6under this section.
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
4.22 Subd. 5. Waiver prohibited. A residential tenant may not waive, and a landlord
4.23may not require the residential tenant to waive, the tenant's rights under this section.
4.24 Subd. 6.
4.25
4.26meanings given:
4.27(1) "court official" means a judge, referee, court administrator, prosecutor, probation
4.28officer, or victim's advocate, whether employed by or under contract with the court, who is
4.29authorized to act on behalf of the court;
4.30(2) "qualified third party" means a person, acting in an official capacity, who has had
4.31in-person contact with the tenant and is:
4.32(i) a licensed health care professional operating within the scope of the license;
4.33(ii) a domestic abuse advocate, as that term is defined in section 595.02, subdivision
4.341, paragraph (l); or
4.35(iii) a sexual assault counselor, as that term is defined in section 595.02, subdivision
4.361, paragraph (k);
5.1(3) "qualifying document" means:
5.2(i) a valid order for protection issued under chapter 518B;
5.3(ii) a no contact order currently in effect, issued under section 629.75 or chapter 609;
5.4(iii) a writing produced and signed by a court official, acting in an official capacity,
5.5documenting that the tenant or authorized occupant is a victim of domestic abuse, as that
5.6term is defined under section 518B.01, subdivision 2, criminal sexual conduct, under
5.7sections 609.342 to 609.3451, or stalking, as that term is defined under section 609.749,
5.8subdivision 1, and naming the perpetrator, if known;
5.9(iv) a writing produced and signed by a city, county, state, or tribal law enforcement
5.10official, acting in an official capacity, documenting that the tenant or authorized occupant
5.11is a victim of domestic abuse, as that term is defined under section 518B.01, subdivision 2,
5.12criminal sexual conduct, under sections 609.342 to 609.3451, or stalking, as that term is
5.13defined under section 609.749, subdivision 1, and naming the perpetrator, if known; or
5.14(v) a statement by a qualified third party, in the following form:
5.16 I, .................... (name of qualified third party), do hereby verify as follows:
5.17 1. I am a licensed health care professional, domestic abuse advocate, as that term is
5.18defined in section 595.02, subdivision 1, paragraph (l), or sexual assault counselor, as that
5.19term is defined in section 595.02, subdivision 1, paragraph (k), who has had in-person
5.20contact with .................... (name of victim(s)).
5.21 2. I have a reasonable basis to believe .................... (name of victim(s)) is a
5.22victim/are victims of domestic abuse, criminal sexual conduct, or stalking and fear(s)
5.23imminent violence against the individual or authorized occupant if the individual remains
5.24(the individuals remain) in the leased premises.
5.25 3. I understand that the person(s) listed above may use this document as a basis for
5.26gaining a release from the lease.
5.27 I attest that the foregoing is true and correct.
5.28(Printed name of qualified third party)
5.29(Signature of qualified third party)
5.30(Business address and business telephone)
5.31(Date)
5.32 Subd. 7. Conflicts with other laws. If a federal statute, regulation, or handbook
5.33permitting termination of a residential tenancy subsidized under a federal program
5.34conflicts with any provision of this section, then the landlord must comply with the federal
5.35statute, regulation, or handbook.
6.1 Sec. 3. Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to read:
6.2 Subdivision 1. Grounds. (a) The person entitled to the premises may recover
6.3possession by eviction when:
6.4(1) any person holds over real property:
6.5(i) after a sale of the property on an execution or judgment; or
6.6(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
6.7after termination of contract to convey the property;
6.8(2) any person holds over real property after termination of the time for which it is
6.9demised or leased to that person or to the persons under whom that person holds possession,
6.10contrary to the conditions or covenants of the lease or agreement under which that person
6.11holds, or after any rent becomes due according to the terms of such lease or agreement; or
6.12(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
6.13(b) A landlord may not commence an eviction action against a tenant or authorized
6.14occupant solely on the basis that the tenant or authorized occupant has been the victim of
6.15any of the acts listed in section 504B.206, subdivision 1, paragraph (a). Nothing in this
6.16paragraph should be construed to prohibit an eviction action based on a breach of the lease.
6.17 Sec. 4. HOUSING OPPORTUNITIES MADE EQUITABLE (HOME) PILOT
6.18PROJECT.
6.19(a) The Housing Opportunities Made Equitable (HOME) pilot project is established to
6.20support closing the disparity gap in affordable homeownership for all communities of color
6.21and American Indians in Minnesota and increase housing opportunities for specific groups
6.22while closing the disparity gap that exists in Minnesota. The pilot project may also support
6.23the redevelopment and rebuilding of challenged neighborhoods affected by the foreclosure
6.24crisis. The Minnesota Housing Finance Agency shall collaborate with the Chicano Latino
6.25Affairs Council, Council on Asian-Pacific Minnesotans, Council on Black Minnesotans,
6.26and Minnesota Indian Affairs Council in designing the implementation of the pilot project.
6.27(b) If funds are available to the Minnesota Housing Finance Agency, the
6.28commissioner may use the available funds to: support the capacity of several local
6.29community nonprofit housing and service providers to administer the HOME pilot
6.30project under this section, to support providers that assist families to attain sustainable,
6.31affordable homeownership as described in paragraph (c) and to make first mortgage loans
6.32as described in paragraph (d).
6.33(c) Assistance to attain sustainable affordable homeownership may include
6.34long-term financial education, training, case management, credit mending, homebuyer
6.35education, and foreclosure prevention mitigation services. The Minnesota Housing
7.1Finance Agency shall choose providers of the assistance described in this paragraph that
7.2have proven track records of assisting culturally diverse groups of people with long-term
7.3education services and that have historically resulted in sustainable affordable housing
7.4opportunities for culturally diverse groups.
7.5(d) Funds may be used to make first mortgage financing to homebuyers who have the
7.6financial resources to pay a mortgage but are unable to access a mortgage that meets their
7.7needs. The mortgage loans will be originated by qualified providers. A qualified provider is
7.8a provider that has a proven track record of assisting culturally diverse groups of people in
7.9attaining sustainable affordable homeownership and that, at a minimum, is in good standing
7.10with the Minnesota Department of Commerce, is licensed to originate mortgage loans, and
7.11has demonstrated an ability to underwrite to FHA or conventional underwriting guidelines.
7.12Qualified providers may be paid an origination fee, service release premium and a standard
7.13fee set in order to expand capacity to assist more families with purchasing a home.
