Bill Text: MN HF859 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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; creating additional remedies for victims
1.3of violence;amending Minnesota Statutes 2012, sections 504B.171, subdivision
1.41; 504B.206; 504B.285, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 504B.171, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Terms of covenant. (a) In every lease or license of residential
1.9premises, whether in writing or parol, the landlord or licensor and the tenant or licensee
1.10covenant that:
1.11(1) neither will:
1.12(i) unlawfully allow controlled substances in those premises or in the common
1.13area and curtilage of the premises;
1.14(ii) allow prostitution or prostitution-related activity as defined in section617.80,
1.15subdivision 4 , to occur on the premises or in the common area and curtilage of the premises;
1.16(iii) allow the unlawful use or possession of a firearm in violation of section609.66,
1.17subdivision 1a ,
609.67 , or
624.713 , on the premises or in the common area and curtilage
1.18of the premises; or
1.19(iv) allow stolen property or property obtained by robbery in those premises or in the
1.20common area and curtilage of the premises; and
1.21(2) the common area and curtilage of the premises will not be used by either the
1.22landlord or licensor or the tenant or licensee or others acting under the control of either to
1.23manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a
1.24controlled 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 DOMESTIC ABUSE TO TERMINATE
2.11LEASE.
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 assault, as that
2.24term is defined under sections 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 against the tenant or an authorized
2.29occupant if the tenant or authorized occupant remains in the leased premises as indicated
2.30in a qualifying document;
2.31(2) stating that the tenant needs to terminate the tenancy;
2.32(3) providing the date by which the tenant will vacate;
2.33(4) providing written instructions for the disposition of any remaining personal
2.34property in accordance with section 504B.271; and
2.35(5) providing the name of the perpetrator, if it is safe to provide.
3.1 (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 tenancy terminates, including the right of possession of the premises, as
3.8provided in subdivision 3.
3.9 Subd. 2. Treatment of information. A landlord must not disclose information
3.10provided to the landlord by a tenant documenting domestic abuse under subdivision 1.
3.11The information must not be entered into any shared database or provided to any person or
3.12entity but may be used when required as evidence in an eviction proceeding, action for
3.13unpaid rent or damages arising out of the tenancy, claims under section504B.178 , with
3.14the consent of the tenant, or as otherwise required by law.
3.15 Subd. 2a. Forms. A document produced by a qualified third party must be
3.16substantially in the following form:
3.17STATEMENT BY QUALIFIED THIRD PARTY
3.18I, .................... (name of qualified third party), do hereby verify as follows:
3.191. I am a licensed health care professional, domestic abuse advocate, as that term is
3.20defined in section 595.02, subdivision 1, paragraph (l), or sexual assault counselor, as that
3.21term is defined in section 595.02, subdivision 1, paragraph (k).
3.222. I have a reasonable basis to believe .................... (name of victim(s)) is a
3.23victim/are victims of domestic abuse, criminal sexual conduct, or stalking and fear(s)
3.24imminent violence against the individual or authorized occupant if the individual remains
3.25(the individuals remain) in the leased premises.
3.263. I understand that the person(s) listed above may use this document as a basis for
3.27gaining a release from the lease.
3.28The foregoing is true and correct.
3.29Printed Name of qualified third party ....................
3.30Signature of qualified third party ....................
3.31Business Address and Business Telephone ....................
3.32Date ....................
3.33 Subd. 3. Liability for rent; termination of tenancy. (a) A tenant who is a sole
3.34tenant and is terminating a lease under subdivision 1 is responsible for the rent payment
3.35for the full month in which the tenancy terminatesand an additional amount equal to one
3.36month's rent. The tenant forfeits all claims for the return of the security deposit under
4.1section 504B.178 and is relieved of any other contractual obligation for payment of rent or
4.2any other charges for the remaining term of the lease, except as provided in this section. In
4.3a sole tenancy, the tenancy terminates on the date specified in the notice provided to the
4.4landlord as required under subdivision 1.
4.5 (b) In a tenancy with multiple tenants, any lease governing all tenants is terminated
4.6at the latter of the end of the month or the end of the rent interval in which one tenant
4.7terminates the lease under subdivision 1. Upon termination, all tenants forfeit all claims
4.8for the return of the security deposit under section 504B.178 and are relieved of any other
4.9contractual obligation for payment of rent or any other charges for the remaining term of
4.10the lease, except as provided in this section. The landlord and remaining tenants maintain
4.11all rights and remedies available under law and the terms of the lease until termination of
4.12the lease. Any tenant whose tenancy was terminated under this paragraph may reapply to
4.13enter into a new lease with the landlord.
4.14 (c) This section does not affect a tenant's liability for delinquent, unpaid rent or
4.15other amounts owed to the landlord before the lease was terminated by the tenant under
4.16this section.
4.17(c) The tenancy terminates, including the right of possession of the premises, on the
4.18termination date stated in the notice under subdivision 1. The amount equal to one month's
4.19rent must be paid on or before the termination of the tenancy for the tenant to be relieved of
4.20the contractual obligations for the remaining term of the lease as provided in this section.
4.21(d) For purposes of this section, the provisions of section
504B.178 are triggered
4.22as follows:
4.23(1) if the only tenant is the tenant who is the victim of domestic abuse and the
4.24tenant's minor children, if any, upon the first day of the month following the later of:
4.25(i) the date the tenant vacates the premises; or
4.26(ii) the termination of the tenancy indicated in the written notice under subdivision
4.271; or
4.28(2) if there are additional tenants bound by the lease, upon the expiration of the lease.
4.29Subd. 4. Multiple tenants. Notwithstanding the release of a tenant from a lease
4.30agreement under this section, if there are any remaining tenants the tenancy continues for
4.31those remaining tenants.
4.32 Subd. 5. Waiver prohibited. A residential tenant may not waive, and a landlord
4.33may not require the residential tenant to waive, the tenant's rights under this section.
4.34 Subd. 6.Definition Definitions. For purposes of this section, "domestic abuse"
4.35has the meaning given in section
518B.01, subdivision 2
4.36meanings given.
5.1(1) "Court official" means a judge, referee, court administrator, prosecutor, probation
5.2officer, or victim's advocate, whether employed by or under contract with the court, who is
5.3authorized to act on behalf of the court.
5.4(2) "Qualified third party" means a person that has had in-person contact with either
5.5the tenant or authorized occupant and is:
5.6(i) a licensed health care professional;
5.7(ii) a domestic abuse advocate, as that term is defined in section 595.02, subdivision
5.81, paragraph (l); or
5.9(iii) a sexual assault counselor, as that term is defined in section 595.02, subdivision
5.101, paragraph (k).
5.11(3) "Qualifying document" means:
5.12(i) a valid order for protection issued under chapter 518B;
5.13(ii) a no contact order currently in effect, issued under section 629.75 or chapter 609;
5.14(iii) a written record signed by a court official documenting that the tenant or
5.15authorized occupant is a victim of domestic abuse, as that term is defined under section
5.16518B.01, subdivision 2, criminal sexual assault, as that term is defined under sections
5.17609.342 to 609.3451, or stalking, as that term is defined under section 609.749, subdivision
5.181, and naming the perpetrator, if known;
5.19(iv) a city, county, state, or tribal law enforcement police report documenting that
5.20the tenant or authorized occupant is a victim of domestic abuse, as that term is defined
5.21under section 518B.01, subdivision 2, criminal sexual assault, as that term is defined under
5.22sections 609.342 to 609.3451, or stalking, as that term is defined under section 609.749,
5.23subdivision 1, and naming the perpetrator, if known; or
5.24(v) a statement by a qualified third party, as provided under subdivision 2a.
5.25 Subd. 7. Conflicts with other laws. If a federal statute, regulation, or handbook
5.26permitting termination of a residential tenancy subsidized under a federal program
5.27conflicts with any provision of this section, then the landlord must comply with the federal
5.28statute, regulation, or handbook.
5.29 Sec. 3. Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to read:
5.30 Subdivision 1. Grounds. (a) The person entitled to the premises may recover
5.31possession by eviction when:
5.32(1) any person holds over real property:
5.33(i) after a sale of the property on an execution or judgment; or
5.34(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
5.35after termination of contract to convey the property;
6.1(2) any person holds over real property after termination of the time for which it is
6.2demised or leased to that person or to the persons under whom that person holds possession,
6.3contrary to the conditions or covenants of the lease or agreement under which that person
6.4holds, or after any rent becomes due according to the terms of such lease or agreement; or
6.5(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
6.6(b) A landlord may not commence an eviction action against a tenant or lawful
6.7occupant solely on the basis that the tenant or lawful occupant has been the victim of
6.8any of the acts listed in section 504B.206, subdivision 1, paragraph (a). Nothing in this
6.9paragraph should be construed to prohibit an eviction action based on a breach of the lease.
1.3of violence;amending Minnesota Statutes 2012, sections 504B.171, subdivision
1.41; 504B.206; 504B.285, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 504B.171, subdivision 1, is amended to
1.7read:
1.8 Subdivision 1. Terms of covenant. (a) In every lease or license of residential
1.9premises, whether in writing or parol, the landlord or licensor and the tenant or licensee
1.10covenant that:
1.11(1) neither will:
1.12(i) unlawfully allow controlled substances in those premises or in the common
1.13area and curtilage of the premises;
1.14(ii) allow prostitution or prostitution-related activity as defined in section
1.15subdivision 4
1.16(iii) allow the unlawful use or possession of a firearm in violation of section
1.17subdivision 1a
1.18of the premises; or
1.19(iv) allow stolen property or property obtained by robbery in those premises or in the
1.20common area and curtilage of the premises; and
1.21(2) the common area and curtilage of the premises will not be used by either the
1.22landlord or licensor or the tenant or licensee or others acting under the control of either to
1.23manufacture, sell, give away, barter, deliver, exchange, distribute, purchase, or possess a
1.24controlled 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 DOMESTIC ABUSE TO TERMINATE
2.11LEASE.
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)
2.24term is defined under sections 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 against the tenant or an authorized
2.29occupant if the tenant or authorized occupant remains in the leased premises as indicated
2.30in a qualifying document;
2.31(2) stating that the tenant needs to terminate the tenancy;
2.32(3) providing the date by which the tenant will vacate;
2.33(4) providing written instructions for the disposition of any remaining personal
2.34property in accordance with section 504B.271; and
2.35(5) providing the name of the perpetrator, if it is safe to provide.
3.1 (c) The written notice must be delivered before the termination of the tenancy by
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 tenancy terminates, including the right of possession of the premises, as
3.8provided in subdivision 3.
3.9 Subd. 2. Treatment of information. A landlord must not disclose information
3.10provided to the landlord by a tenant documenting domestic abuse under subdivision 1.
3.11The information must not be entered into any shared database or provided to any person or
3.12entity but may be used when required as evidence in an eviction proceeding, action for
3.13unpaid rent or damages arising out of the tenancy, claims under section
3.14the consent of the tenant, or as otherwise required by law.
3.15 Subd. 2a. Forms. A document produced by a qualified third party must be
3.16substantially in the following form:
3.17STATEMENT BY QUALIFIED THIRD PARTY
3.18I, .................... (name of qualified third party), do hereby verify as follows:
3.191. I am a licensed health care professional, domestic abuse advocate, as that term is
3.20defined in section 595.02, subdivision 1, paragraph (l), or sexual assault counselor, as that
3.21term is defined in section 595.02, subdivision 1, paragraph (k).
3.222. I have a reasonable basis to believe .................... (name of victim(s)) is a
3.23victim/are victims of domestic abuse, criminal sexual conduct, or stalking and fear(s)
3.24imminent violence against the individual or authorized occupant if the individual remains
3.25(the individuals remain) in the leased premises.
3.263. I understand that the person(s) listed above may use this document as a basis for
3.27gaining a release from the lease.
3.28The foregoing is true and correct.
3.29Printed Name of qualified third party ....................
3.30Signature of qualified third party ....................
3.31Business Address and Business Telephone ....................
3.32Date ....................
3.33 Subd. 3. Liability for rent; termination of tenancy. (a) A tenant who is a sole
3.34tenant and is terminating a lease under subdivision 1 is responsible for the rent payment
3.35for the full month in which the tenancy terminates
3.36
4.1section 504B.178 and is relieved of any other contractual obligation for payment of rent or
4.2any other charges for the remaining term of the lease, except as provided in this section. In
4.3a sole tenancy, the tenancy terminates on the date specified in the notice provided to the
4.4landlord as required under subdivision 1.
4.5 (b) In a tenancy with multiple tenants, any lease governing all tenants is terminated
4.6at the latter of the end of the month or the end of the rent interval in which one tenant
4.7terminates the lease under subdivision 1. Upon termination, all tenants forfeit all claims
4.8for the return of the security deposit under section 504B.178 and are relieved of any other
4.9contractual obligation for payment of rent or any other charges for the remaining term of
4.10the lease, except as provided in this section. The landlord and remaining tenants maintain
4.11all rights and remedies available under law and the terms of the lease until termination of
4.12the lease. Any tenant whose tenancy was terminated under this paragraph may reapply to
4.13enter into a new lease with the landlord.
4.14 (c) This section does not affect a tenant's liability for delinquent, unpaid rent or
4.15other amounts owed to the landlord before the lease was terminated by the tenant under
4.16this section.
4.17
4.18
4.19
4.20
4.21
4.22
4.23
4.24
4.25
4.26
4.27
4.28
4.29
4.30
4.31
4.32 Subd. 5. Waiver prohibited. A residential tenant may not waive, and a landlord
4.33may not require the residential tenant to waive, the tenant's rights under this section.
4.34 Subd. 6.
4.35
4.36meanings given.
5.1(1) "Court official" means a judge, referee, court administrator, prosecutor, probation
5.2officer, or victim's advocate, whether employed by or under contract with the court, who is
5.3authorized to act on behalf of the court.
5.4(2) "Qualified third party" means a person that has had in-person contact with either
5.5the tenant or authorized occupant and is:
5.6(i) a licensed health care professional;
5.7(ii) a domestic abuse advocate, as that term is defined in section 595.02, subdivision
5.81, paragraph (l); or
5.9(iii) a sexual assault counselor, as that term is defined in section 595.02, subdivision
5.101, paragraph (k).
5.11(3) "Qualifying document" means:
5.12(i) a valid order for protection issued under chapter 518B;
5.13(ii) a no contact order currently in effect, issued under section 629.75 or chapter 609;
5.14(iii) a written record signed by a court official documenting that the tenant or
5.15authorized occupant is a victim of domestic abuse, as that term is defined under section
5.16518B.01, subdivision 2, criminal sexual assault, as that term is defined under sections
5.17609.342 to 609.3451, or stalking, as that term is defined under section 609.749, subdivision
5.181, and naming the perpetrator, if known;
5.19(iv) a city, county, state, or tribal law enforcement police report documenting that
5.20the tenant or authorized occupant is a victim of domestic abuse, as that term is defined
5.21under section 518B.01, subdivision 2, criminal sexual assault, as that term is defined under
5.22sections 609.342 to 609.3451, or stalking, as that term is defined under section 609.749,
5.23subdivision 1, and naming the perpetrator, if known; or
5.24(v) a statement by a qualified third party, as provided under subdivision 2a.
5.25 Subd. 7. Conflicts with other laws. If a federal statute, regulation, or handbook
5.26permitting termination of a residential tenancy subsidized under a federal program
5.27conflicts with any provision of this section, then the landlord must comply with the federal
5.28statute, regulation, or handbook.
5.29 Sec. 3. Minnesota Statutes 2012, section 504B.285, subdivision 1, is amended to read:
5.30 Subdivision 1. Grounds. (a) The person entitled to the premises may recover
5.31possession by eviction when:
5.32(1) any person holds over real property:
5.33(i) after a sale of the property on an execution or judgment; or
5.34(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or
5.35after termination of contract to convey the property;
6.1(2) any person holds over real property after termination of the time for which it is
6.2demised or leased to that person or to the persons under whom that person holds possession,
6.3contrary to the conditions or covenants of the lease or agreement under which that person
6.4holds, or after any rent becomes due according to the terms of such lease or agreement; or
6.5(3) any tenant at will holds over after the termination of the tenancy by notice to quit.
6.6(b) A landlord may not commence an eviction action against a tenant or lawful
6.7occupant solely on the basis that the tenant or lawful occupant has been the victim of
6.8any of the acts listed in section 504B.206, subdivision 1, paragraph (a). Nothing in this
6.9paragraph should be construed to prohibit an eviction action based on a breach of the lease.
