1.1 A bill for an act
1.2 relating to human services; modifying residential program licensing requirements;
1.3 amending Minnesota Statutes 2024, sections 144G.45, subdivision 3; 245A.11,
1.4 subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 144G.45, subdivision 3, is amended to read:
1.7 Subd. 3.Local laws apply.(a) Assisted living facilities shall comply with all applicable
1.8state and local governing laws, regulations, standards, ordinances, and codes for fire safety,
1.9building, and zoning requirements, except a facility with a licensed resident capacity of six
1.10or fewer is exempt from rental licensing regulations imposed by any town, municipality,
1.11or county. A town, home rule charter or statutory city, or county must not impose rental
1.12licensing regulations on a facility with a licensed resident capacity of six or fewer that are
1.13more restrictive than those imposed on other residential facilities required to obtain a rental
1.14license by the town, home rule charter or statutory city, or county.
1.15 (b) This subdivision must not be construed to exclude or prohibit facilities with a licensed
1.16resident capacity of six or fewer within the jurisdiction of a town, home rule charter or
1.17statutory city, or county.
1.18 Sec. 2. Minnesota Statutes 2024, section 245A.11, subdivision 2, is amended to read:
1.19 Subd. 2.Permitted single-family residential use.(a) Residential programs with a
1.20licensed capacity of six or fewer persons shall be considered a permitted single-family
1.21residential use of property for the purposes of zoning and other land use regulations, except
1.22that a residential program whose primary purpose is to treat juveniles who have violated
1Sec. 2.
REVISOR DTT/AC 25-0231301/23/25
State of Minnesota
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HOUSE OF REPRESENTATIVES
H. F. No. 1477
NINETY-FOURTH SESSION 2.1criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis
2.2of conduct in violation of criminal statutes relating to sex offenses shall not be considered
2.3a permitted use. This exception shall not apply to residential programs licensed before July
2.41, 1995. Programs otherwise allowed under this subdivision shall not be prohibited by
2.5operation of restrictive covenants or similar restrictions, regardless of when entered into,
2.6which cannot be met because of the nature of the licensed program, including provisions
2.7which require the home's occupants be related, and that the home must be occupied by the
2.8owner, or similar provisions. A town, home rule charter or statutory city, or county must
2.9not impose rental licensing regulations on a facility with a licensed resident capacity of six
2.10or fewer that are more restrictive than those imposed on other residential facilities required
2.11to obtain a rental license by the town, home rule charter or statutory city, or county.
2.12 (b) A community residential setting as defined in section 245D.02, subdivision 4a, with
2.13a licensed capacity of six or fewer persons that is actively serving residents for which it is
2.14licensed is exempt from rental licensing regulations imposed by any town, municipality, or
2.15county. This subdivision must not be construed to exclude or prohibit facilities with a
2.16licensed resident capacity of six or fewer within the jurisdiction of a town, home rule charter
2.17or statutory city, or county.
2Sec. 2.
REVISOR DTT/AC 25-0231301/23/25