2 | | - | 1.2 relating to landlord and tenant; clarifying a prohibition on disclosure of victim |
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3 | | - | 1.3 information; amending Minnesota Statutes 2024, section 504B.206, subdivision |
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4 | | - | 1.4 2. |
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5 | | - | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | | - | 1.6 Section 1. Minnesota Statutes 2024, section 504B.206, subdivision 2, is amended to read: |
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7 | | - | 1.7 Subd. 2.Treatment of information.(a) A landlord must not disclose: |
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8 | | - | 1.8 (1) any information provided to the landlord by a tenant in the written notice required |
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9 | | - | 1.9under subdivision 1, paragraph (b); |
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10 | | - | 1.10 (2) any information contained in the qualifying document; |
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11 | | - | 1.11 (3) the address or location to which the tenant has relocated; or |
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12 | | - | 1.12 (4) the status of the tenant as a victim of violence. |
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13 | | - | 1.13 (b) The information referenced in paragraph (a) must not be entered into any shared |
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14 | | - | 1.14database or provided to any person or entity but may be used when required as evidence in |
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15 | | - | 1.15an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims |
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16 | | - | 1.16under section 504B.178, with the consent of the tenant, or as otherwise required by law. |
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17 | | - | 1.17 (c) The requirements of this subdivision to treat the information enumerated in paragraph |
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18 | | - | 1.18(a) are paramount and supersede any other document or form signed by the tenant, including |
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19 | | - | 1.19but not limited to any release of information form. |
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20 | | - | 1.20 (c) (d) A landlord who violates this section is liable to the tenant for statutory damages |
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21 | | - | 1.21of $2,000, plus reasonable attorney fees and costs. |
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| 2 | + | 1.2 relating to landlord and tenant; requiring landlords to provide an alternative payment |
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| 3 | + | 1.3 method to a digital platform; clarifying a prohibition on disclosure of victim |
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| 4 | + | 1.4 information; limiting rate for billing tenants for apportioned utility service; |
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| 5 | + | 1.5 amending Minnesota Statutes 2024, sections 504B.118; 504B.206, subdivision 2; |
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| 6 | + | 1.6 504B.216, subdivision 5. |
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| 7 | + | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 8 | + | 1.8 Section 1. Minnesota Statutes 2024, section 504B.118, is amended to read: |
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| 9 | + | 1.9 504B.118 RECEIPT FOR RENT PAID IN CASH PAYMENT OF RENT; DIGITAL |
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| 10 | + | 1.10PLATFORMS. |
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| 11 | + | 1.11 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have |
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| 12 | + | 1.12the meanings given. |
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| 13 | + | 1.13 (b) "Digital payment platform" means an electronic application or system that permits |
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| 14 | + | 1.14a user to conduct financial transactions. Digital payment platform includes electronic funds |
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| 15 | + | 1.15transfers. |
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| 16 | + | 1.16 (c) "Electronic funds transfers" means a transfer of money, other than a transaction |
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| 17 | + | 1.17originated by check, draft, or similar paper instrument, that is initiated through an electronic |
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| 18 | + | 1.18terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or |
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| 19 | + | 1.19authorizing a financial institution to debit or credit a consumer's account, including, but not |
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| 20 | + | 1.20limited to, through the use of an automated clearing house system or alternative payment |
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| 21 | + | 1.21system. |
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| 22 | + | 1.22 Subd. 2.Receipt for rent.A landlord receiving rent or other payments from a tenant in |
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| 23 | + | 1.23cash or money order must provide a written receipt for payment immediately upon receipt |
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31 | | - | The bill was read for the first time and referred to the Committee on Housing Finance and Policy |
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32 | | - | Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law03/24/2025 2.1 EFFECTIVE DATE.This section is effective the day following final enactment. |
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33 | | - | 2Section 1. |
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34 | | - | REVISOR JSK H2296-1HF2296 FIRST ENGROSSMENT |
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| 33 | + | The bill was read for the first time and referred to the Committee on Housing Finance and Policy 2.1if the payment is made in person, or within three business days if payment in cash is not |
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| 34 | + | 2.2made in person. |
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| 35 | + | 2.3 Subd. 3.Digital platforms.(a) If a landlord requires or permits a tenant to pay rent and |
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| 36 | + | 2.4other charges via a digital platform, the landlord must offer a tenant an alternative to using |
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| 37 | + | 2.5the digital platform if the payment capability is unavailable. |
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| 38 | + | 2.6 (b) A tenant may request an alternative to using a digital platform if the tenant has a |
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| 39 | + | 2.7physical, technological, or financial access barrier that prevents the tenant from using the |
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| 40 | + | 2.8digital platform to pay rent and charges. Financial access barriers include the lack of a credit |
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| 41 | + | 2.9or debit card or a bank account. |
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| 42 | + | 2.10 (c) No fee may be charged to the tenant to use the digital platform or any alternative. |
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| 43 | + | 2.11 (d) If the digital payment platform is known to be unavailable for use, the landlord must |
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| 44 | + | 2.12restore access to the digital payment platform or offer an alternative means of payment as |
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| 45 | + | 2.13soon as practicable. |
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| 46 | + | 2.14 (e) A landlord is prohibited from taking any adverse action, including but not limited to |
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| 47 | + | 2.15filing an eviction or assessing any late fees, when payment of rent or other charges is not |
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| 48 | + | 2.16timely because the digital payment platform or the alternative payment method is unavailable |
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| 49 | + | 2.17for use by the tenant. The tenant has an affirmative defense against an eviction action if the |
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| 50 | + | 2.18landlord violates this section. Upon a showing that the landlord has violated this section, |
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| 51 | + | 2.19the eviction action must be dismissed and the tenant is entitled to reasonable attorney fees |
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| 52 | + | 2.20and any other equitable relief the court deems appropriate. |
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| 53 | + | 2.21 EFFECTIVE DATE.This section is effective August 1, 2025. |
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| 54 | + | 2.22 Sec. 2. Minnesota Statutes 2024, section 504B.206, subdivision 2, is amended to read: |
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| 55 | + | 2.23 Subd. 2.Treatment of information.(a) A landlord must not disclose: |
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| 56 | + | 2.24 (1) any information provided to the landlord by a tenant in the written notice required |
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| 57 | + | 2.25under subdivision 1, paragraph (b); |
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| 58 | + | 2.26 (2) any information contained in the qualifying document; |
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| 59 | + | 2.27 (3) the address or location to which the tenant has relocated; or |
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| 60 | + | 2.28 (4) the status of the tenant as a victim of violence. |
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| 61 | + | 2.29 (b) The information referenced in paragraph (a) must not be entered into any shared |
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| 62 | + | 2.30database or provided to any person or entity but may be used when required as evidence in |
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| 63 | + | 2Sec. 2. |
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| 64 | + | REVISOR JSK/BM 25-0434702/27/25 3.1an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims |
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| 65 | + | 3.2under section 504B.178, with the consent of the tenant, or as otherwise required by law. |
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| 66 | + | 3.3 (c) The requirements of this subdivision to treat the information enumerated in paragraph |
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| 67 | + | 3.4(a) are paramount and supersede any other document or form signed by the tenant, including |
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| 68 | + | 3.5but not limited to any release of information form. |
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| 69 | + | 3.6 (c) (d) A landlord who violates this section is liable to the tenant for statutory damages |
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| 70 | + | 3.7of $2,000, plus reasonable attorney fees and costs. |
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| 71 | + | 3.8 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 72 | + | 3.9 Sec. 3. Minnesota Statutes 2024, section 504B.216, subdivision 5, is amended to read: |
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| 73 | + | 3.10 Subd. 5.Apportionment generally.(a) Apportionment of electricity is prohibited. |
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| 74 | + | 3.11 (b) Landlords must not bill tenants for apportioned utility service under this section less |
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| 75 | + | 3.12frequently than the landlord is billed by the utility and at a rate that exceeds the rate charged |
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| 76 | + | 3.13to the landlord by the utility provider. |
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| 77 | + | 3.14 (c) A landlord who apportions utility service must, upon a tenant's request, provide: |
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| 78 | + | 3.15 (1) a copy of the current actual natural gas or water and sewer utility bill from the utility |
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| 79 | + | 3.16provider that is being apportioned; and |
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| 80 | + | 3.17 (2) a copy of past natural gas or water and sewer utility bills for which the tenant received |
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| 81 | + | 3.18an apportioned utility bill for the preceding two years or from the time the current landlord |
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| 82 | + | 3.19acquired the building, whichever is the most recent. |
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| 83 | + | 3.20 (d) A landlord must include in the lease or in a separate written notice a list of the tenant's |
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| 84 | + | 3.21rights under paragraph (c). |
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| 85 | + | 3.22 (e) A landlord who apportions utility service must comply with section 216B.023, |
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| 86 | + | 3.23subdivisions 5, 7, and 8. A landlord who apportions natural gas is also subject to section |
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| 87 | + | 3.24216B.024. |
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| 88 | + | 3.25 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 89 | + | 3Sec. 3. |
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| 90 | + | REVISOR JSK/BM 25-0434702/27/25 |
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