Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2309 Latest Draft

Bill / Engrossed Version Filed 04/10/2025

                            1.1	A bill for an act​
1.2 relating to housing; modifying certain housing policy provisions; modifying​
1.3 eligibility and funding provisions for certain housing programs; modifying the​
1.4 high-rise sprinkler system program; authorizing housing and redevelopment​
1.5 authorities to create public corporations; amending Minnesota Statutes 2024,​
1.6 sections 15.082; 462A.051, subdivision 2; 462A.07, by adding a subdivision;​
1.7 462A.202, subdivision 3a; 462A.2095, subdivision 3; 462A.33, subdivision 9;​
1.8 462A.37, subdivision 2; 462A.39, subdivision 5; 462A.40, subdivisions 2, 3;​
1.9 462C.02, subdivision 6; 462C.16, subdivision 1; 469.012, subdivision 2j; 477A.35,​
1.10 subdivision 5; 477A.36, subdivision 5; Laws 2023, chapter 37, article 1, section​
1.11 2, subdivision 21; article 2, section 10; proposing coding for new law in Minnesota​
1.12 Statutes, chapter 469.​
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.14	ARTICLE 1​
1.15	MINNESOTA HOUSING FINANCE AGENCY​
1.16 Section 1. Minnesota Statutes 2024, section 462A.051, subdivision 2, is amended to read:​
1.17 Subd. 2.Application.This section applies to all forms of financial assistance provided​
1.18by the Minnesota Housing Finance Agency, as well as the allocation and award of federal​
1.19low-income housing credits by all allocating agencies as defined under section 462A.221,​
1.20for the development, construction, rehabilitation, renovation, or retrofitting of multiunit​
1.21residential multifamily housing, including loans, grants, tax credits, loan guarantees, loan​
1.22insurance, and other financial assistance.​
1​Article 1 Section 1.​
REVISOR	MS	H2309-1​HF2309  FIRST ENGROSSMENT​
162​
Printed​
Page No.​State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  2309​
NINETY-FOURTH SESSION​
Authored by Rehrauer​03/13/2025​
The bill was read for the first time and referred to the Committee on Housing Finance and Policy​
Adoption of Report: Placed on the General Register as Amended​04/10/2025​
Read for the Second Time​ 2.1 Sec. 2. Minnesota Statutes 2024, section 462A.07, is amended by adding a subdivision to​
2.2read:​
2.3 Subd. 21.Promotion of materials on rights and obligations of landlords and​
2.4residential tenants.The commissioner shall publish information on the rights and obligations​
2.5of landlords and residential tenants, including promotion of the statement required under​
2.6section 504B.275. The commissioner must prominently display this information on the​
2.7agency website.​
2.8 Sec. 3. Minnesota Statutes 2024, section 462A.2095, subdivision 3, is amended to read:​
2.9 Subd. 3.Grants to program administrators.(a) The agency may make grants to​
2.10program administrators to provide rental assistance for eligible households. Notwithstanding​
2.11section 16C.06, the commissioner may use a formula to determine award amounts to program​
2.12administrators. For both tenant-based and project-based assistance, program administrators​
2.13shall pay assistance directly to housing providers. Rental assistance may be provided in the​
2.14form of tenant-based assistance or project-based assistance. Notwithstanding the amounts​
2.15awarded under subdivision 1, paragraph (b), and to the extent practicable, the agency must​
2.16make grants statewide in proportion to the number of households eligible for assistance in​
2.17each county according to the most recent American Community Survey of the United States​
2.18Census Bureau. The agency may, at its discretion, redistribute unused or underutilized funds​
2.19among eligible program administrators to increase program efficiency and effectiveness.​
2.20 (b) The program administrator may use its existing procedures to administer the rent​
2.21assistance program or may develop alternative procedures with the goals of reaching​
2.22households most in need and incentivizing landlord participation. The agency must approve​
2.23a program administrator's alternative procedures. Priority for rental assistance shall be given​
2.24to households with children 18 years of age and under, and annual incomes of up to 30​
2.25percent of the area median income. Program administrators may establish additional priority​
2.26populations based on local need.​
2.27 Sec. 4. Minnesota Statutes 2024, section 462A.33, subdivision 9, is amended to read:​
2.28 Subd. 9.Grant funding to schools.A school district; a cooperative unit, as defined in​
2.29section 123A.24, subdivision 2; or a charter school may receive funding under this section​
2.30in the form of a grant less than $100,000. A school district, intermediate district, or charter​
2.31school that uses a grant under this section to construct a home for owner occupancy must​
2.32require the future occupant to participate in the homeownership education counseling and​
2.33training program under section 462A.209. A nonprofit organization contracted by a school​
2​Article 1 Sec. 4.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 3.1district; a cooperative unit, as defined in section 123A.24, subdivision 2; or a charter school​
3.2may receive funding under the requirements of this subdivision.​
3.3 Sec. 5. Minnesota Statutes 2024, section 462A.37, subdivision 2, is amended to read:​
3.4 Subd. 2.Authorization.(a) The agency may issue up to $30,000,000 in aggregate​
3.5principal amount of housing infrastructure bonds in one or more series to which the payment​
3.6made under this section may be pledged. The housing infrastructure bonds authorized in​
3.7this subdivision may be issued to fund loans, or grants for the purposes of clauses (4) and​
3.8(7), on terms and conditions the agency deems appropriate, made for one or more of the​
3.9following purposes:​
3.10 (1) to finance the costs of the construction, acquisition, adaptive reuse, and rehabilitation​
3.11of supportive housing where at least 50 percent of units are set aside for individuals and​
3.12families who are without a permanent residence;​
3.13 (2) to finance the costs of the acquisition and rehabilitation of foreclosed or abandoned​
3.14housing to be used for affordable rental housing or for affordable home ownership and the​
3.15costs of new construction of rental housing on abandoned or foreclosed property where the​
3.16existing structures will be demolished or removed;​
3.17 (3) to finance that portion of the costs of acquisition of property that is attributable to​
3.18the land to be leased by community land trusts to low- and moderate-income home buyers;​
3.19 (4) to finance the acquisition, improvement, and infrastructure of manufactured home​
3.20parks under section 462A.2035, subdivision 1b;​
3.21 (5) to finance the costs of acquisition, rehabilitation, adaptive reuse, or new construction​
3.22of senior housing;​
3.23 (6) to finance the costs of acquisition, rehabilitation, and replacement of federally assisted​
3.24rental housing and for the refinancing of costs of the construction, acquisition, and​
3.25rehabilitation of federally assisted rental housing, including providing funds to refund, in​
3.26whole or in part, outstanding bonds previously issued by the agency or another government​
3.27unit to finance or refinance such costs;​
3.28 (7) to finance the costs of acquisition, rehabilitation, adaptive reuse, or new construction​
3.29of single-family housing;​
3.30 (8) to finance the costs of construction, acquisition, adaptive reuse, and rehabilitation​
3.31of permanent housing that is affordable to households with incomes at or below 50 percent​
3​Article 1 Sec. 5.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 4.1of the area median income for the applicable county or metropolitan area as published by​
4.2the Department of Housing and Urban Development, as adjusted for household size; and​
4.3 (9) to finance the costs of construction, acquisition, rehabilitation, conversion, and​
4.4development of cooperatively owned housing created under chapter 308A, 308B, or 308C​
4.5that is affordable to low- and moderate-income households.​
4.6 (b) Among comparable proposals for permanent supportive housing, preference shall​
4.7be given to permanent supportive housing for veterans and other individuals or families​
4.8who:​
4.9 (1) either have been without a permanent residence for at least 12 months or at least four​
4.10times in the last three years; or​
4.11 (2) are at significant risk of lacking a permanent residence for 12 months or at least four​
4.12times in the last three years.​
4.13 (c) Among comparable proposals for senior housing, the agency must give priority to​
4.14requests for projects that:​
4.15 (1) demonstrate a commitment to maintaining the housing financed as affordable to​
4.16senior households;​
4.17 (2) leverage other sources of funding to finance the project, including the use of​
4.18low-income housing tax credits;​
4.19 (3) provide access to services to residents and demonstrate the ability to increase physical​
4.20supports and support services as residents age and experience increasing levels of disability;​
4.21and​
4.22 (4) include households with incomes that do not exceed 30 percent of the median​
4.23household income for the metropolitan area.​
4.24 (d) To the extent practicable, the agency shall balance the loans made between projects​
4.25in the metropolitan area and projects outside the metropolitan area. Of the loans made to​
4.26projects outside the metropolitan area, the agency shall, to the extent practicable, balance​
4.27the loans made between projects in counties or cities with a population of 20,000 or less,​
4.28as established by the most recent decennial census, and projects in counties or cities with​
4.29populations in excess of 20,000.​
4.30 (e) Among comparable proposals for permanent housing, the agency must give preference​
4.31to projects that will provide housing that is affordable to households at or below 30 percent​
4.32of the area median income.​
4​Article 1 Sec. 5.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 5.1 (f) If a loan recipient uses the loan for new construction as defined by the agency on a​
5.2building containing more than four units, the loan recipient must construct, convert, or​
5.3otherwise adapt the building to include:​
5.4 (1) the greater of: (i) at least one unit; or (ii) at least five percent of units that are​
5.5accessible units, and each accessible unit includes at least one roll-in shower, water closet,​
5.6and kitchen work surface meeting the requirements of section 1002 of the current State​
5.7Building Code Accessibility Provisions for Dwelling Units in Minnesota; and​
5.8 (2) the greater of: (i) at least one unit; or (ii) at least five percent of units that are​
5.9sensory-accessible units that include:​
5.10 (A) soundproofing between shared walls for first and second floor units;​
5.11 (B) no florescent lighting in units and common areas;​
5.12 (C) low-fume paint;​
5.13 (D) low-chemical carpet; and​
5.14 (E) low-chemical carpet glue in units and common areas.​
5.15Nothing in this paragraph relieves a project funded by the agency from meeting other​
5.16applicable accessibility requirements.​
5.17 Sec. 6. Minnesota Statutes 2024, section 462A.39, subdivision 5, is amended to read:​
5.18 Subd. 5.Allocation.The amount of a grant or deferred loans may not exceed 50 percent​
5.19of the rental housing development project cost. The commissioner shall not award a grant​
5.20or deferred loans to an eligible project area without certification by the eligible project area​
5.21that the amount of the grant or deferred loans shall be matched by a local unit of government,​
5.22business, nonprofit organization, or federally recognized Tribe, with $1 for every $2 provided​
5.23in grant or deferred loans funds. If an eligible project area is selected for an award of a grant​
5.24or loan under section 462A.40 and the award is funded by contributions to the Minnesota​
5.25housing tax credit account that are intended for a specific project in the eligible project area,​
5.26the amount of the award may count toward the matching requirement of this subdivision.​
5.27 Sec. 7. Minnesota Statutes 2024, section 462A.40, subdivision 2, is amended to read:​
5.28 Subd. 2.Use of funds; grant and loan program.(a) The agency may award grants and​
5.29loans to be used for workforce housing and for multifamily and single family developments​
5.30for persons and families of low and moderate income. Allowable use of the funds include:​
5.31gap financing, as defined in section 462A.33, subdivision 1; new construction; acquisition;​
5​Article 1 Sec. 7.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 6.1rehabilitation; demolition or removal of existing structures; construction financing; permanent​
6.2financing; interest rate reduction; and refinancing.​
6.3 (b) The agency may give preference for grants and loans to comparable proposals that​
6.4include regulatory changes or waivers that result in identifiable cost avoidance or cost​
6.5reductions, including but not limited to increased density, flexibility in site development​
6.6standards, or zoning code requirements.​
6.7 Sec. 8. Minnesota Statutes 2024, section 462A.40, subdivision 3, is amended to read:​
6.8 Subd. 3.Eligible recipients; definitions; restrictions; use of funds.(a) The agency​
6.9may award a grant or a loan to any recipient that qualifies under subdivision 2. The agency​
6.10must not award a grant or a loan to a disqualified individual or disqualified business.​
6.11 (b) For the purposes of this subdivision disqualified individual means:​
6.12 (1) an individual who or an individual whose immediate family member made a​
6.13contribution to the account in the current or prior taxable year and received a credit certificate;​
6.14 (2) an individual who or an individual whose immediate family member owns the housing​
6.15for which the grant or loan will be used;​
6.16 (3) an individual who meets the following criteria:​
6.17 (i) the individual is an officer or principal of a business entity; and​
6.18 (ii) that business entity made a contribution to the account in the current or previous​
6.19taxable year and received a credit certificate; or​
6.20 (4) an individual who meets the following criteria:​
6.21 (i) the individual directly owns, controls, or holds the power to vote 20 percent or more​
6.22of the outstanding securities of a business entity; and​
6.23 (ii) that business entity made a contribution to the account in the current or previous​
6.24taxable year and received a credit certificate.​
6.25 (c) For the purposes of this subdivision disqualified business means a business entity​
6.26that:​
6.27 (1) made a contribution to the account in the current or prior taxable year and received​
6.28a credit certificate;​
6.29 (2) has an officer or principal who is an individual who made a contribution to the​
6.30account in the current or previous taxable year and received a credit certificate; or​
6​Article 1 Sec. 8.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 7.1 (3) meets the following criteria:​
7.2 (i) the business entity is directly owned, controlled, or is subject to the power to vote 20​
7.3percent or more of the outstanding securities by an individual or business entity; and​
7.4 (ii) that controlling individual or business entity made a contribution to the account in​
7.5the current or previous taxable year and received a credit certificate.​
7.6 (d) For purposes of this subdivision, "immediate family" means the taxpayer's spouse,​
7.7parent or parent's spouse, sibling or sibling's spouse, or child or child's spouse. For a married​
7.8couple filing a joint return, the limitations in this subdivision apply collectively to the​
7.9taxpayer and spouse.​
7.10 (e) For purposes of this subdivision, "officer or principal" excludes an individual serving​
7.11as a volunteer board member of a nonprofit organization governed by chapter 317A.​
7.12 (e) (f) Before applying for a grant or loan, all recipients must sign a disclosure that the​
7.13disqualifications under this subdivision do not apply. The Minnesota Housing Finance​
7.14Agency must prescribe the form of the disclosure. The Minnesota Housing Finance Agency​
7.15may rely on the disclosure to determine the eligibility of recipients under paragraph (a).​
7.16 (f) (g) The agency may award grants or loans to a city as defined in section 462A.03,​
7.17subdivision 21; a federally recognized American Indian tribe or subdivision located in​
7.18Minnesota; a tribal housing corporation; a private developer; a nonprofit organization; a​
7.19housing and redevelopment authority under sections 469.001 to 469.047; a public housing​
7.20authority or agency authorized by law to exercise any of the powers granted by sections​
7.21469.001 to 469.047; or the owner of the housing. The provisions of subdivision 2, and​
7.22paragraphs (a) to (e) (f) and (g) (h) of this subdivision, regarding the use of funds and eligible​
7.23recipients apply to grants and loans awarded under this paragraph.​
7.24 (g) (h) Eligible recipients must use the funds to serve households that meet the income​
7.25limits as provided in section 462A.33, subdivision 5. This requirement does not apply to a​
7.26project meeting the requirements of section 462A.39, subdivision 4, paragraph (a).​
7.27 Sec. 9. Minnesota Statutes 2024, section 462C.16, subdivision 1, is amended to read:​
7.28 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have​
7.29the meanings given to them.​
7.30 (b) "Commissioner" means the commissioner of the Minnesota Housing Finance Agency.​
7.31 (c) "Fund" means a local housing trust fund or a regional housing trust fund.​
7​Article 1 Sec. 9.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 8.1 (d) "Local government" means any statutory or home rule charter city, a housing and​
8.2redevelopment authority, or a county.​
8.3 (e) "Local housing trust fund" means a fund established by a local government with one​
8.4or more dedicated sources of public revenue for housing.​
8.5 (f) "Regional housing trust fund" means a fund established and administered under a​
8.6joint powers agreement entered into by two or more local governments with one or more​
8.7dedicated sources of public revenue for housing.​
8.8 Sec. 10. Minnesota Statutes 2024, section 477A.35, subdivision 5, is amended to read:​
8.9 Subd. 5.Use of proceeds.(a) Any funds distributed under this section must be spent on​
8.10a qualifying project. Funds are considered spent on a qualifying project if:​
8.11 (1) a tier I city or county demonstrates to the Minnesota Housing Finance Agency that​
8.12the city or county cannot expend funds on a qualifying project by the deadline imposed by​
8.13paragraph (b) due to factors outside the control of the city or county; and​
8.14 (2) the funds are transferred to a local housing trust fund.​
8.15Funds transferred to a local housing trust fund under this paragraph must be spent on a​
8.16project or household that meets the affordability requirements of subdivision 4, paragraph​
8.17(a).​
8.18 (b) Funds must be spent by December 31 in the third year following the year after the​
8.19aid was received. The requirements of this paragraph are satisfied if funds are:​
8.20 (1) committed to a qualifying project by December 31 in the third year following the​
8.21year after the aid was received; and​
8.22 (2) expended by December 31 in the fourth year following the year after the aid was​
8.23received.​
8.24 (c) An aid recipient may not use aid money to reimburse itself for prior expenditures.​
8.25 (d) Any program income generated from funds distributed under this section must be​
8.26used on a qualifying project.​
8.27 Sec. 11. Minnesota Statutes 2024, section 477A.36, subdivision 5, is amended to read:​
8.28 Subd. 5.Use of proceeds.(a) Any funds distributed under this section must be spent on​
8.29a qualifying project. If a tier I city or county demonstrates to the Minnesota Housing Finance​
8.30Agency that the tier I city or county cannot expend funds on a qualifying project by the​
8​Article 1 Sec. 11.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 9.1deadline imposed by paragraph (b) due to factors outside the control of the tier I city or​
9.2county, funds shall be considered spent on a qualifying project if the funds are transferred​
9.3to a local housing trust fund. Funds transferred to a local housing trust fund must be spent​
9.4on a project or household that meets the affordability requirements of subdivision 4,​
9.5paragraph (a).​
9.6 (b) Funds must be spent by December 31 in the third year following the year after the​
9.7aid was received. The requirements of this paragraph are satisfied if funds are:​
9.8 (1) committed to a qualifying project by December 31 in the third year following the​
9.9year after the aid was received; and​
9.10 (2) expended by December 31 in the fourth year following the year after the aid was​
9.11received.​
9.12 (c) An aid recipient may not use aid funds to reimburse itself for prior expenditures.​
9.13 (d) Any program income generated from funds distributed under this section must be​
9.14used on a qualifying project.​
9.15 Sec. 12. Laws 2023, chapter 37, article 1, section 2, subdivision 21, is amended to read:​
-0-​4,800,000​9.16Subd. 21.Local Housing Trust Fund Grants​
9.17(a) This appropriation is for deposit in the​
9.18housing development fund for grants to local​
9.19housing trust funds established under​
9.20Minnesota Statutes, section 462C.16, to​
9.21incentivize local funding. This is a onetime​
9.22appropriation.​
9.23(b) A grantee is eligible to receive a grant​
9.24amount equal to 100 percent of the public​
9.25revenue committed to the local housing trust​
9.26fund from any source other than the state or​
9.27federal government, up to $150,000, and in​
9.28addition, an amount equal to 50 percent of the​
9.29public revenue committed to the local housing​
9.30trust fund from any source other than the state​
9.31or federal government that is more than​
9.32$150,000 but not more than $300,000.​
9​Article 1 Sec. 12.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 10.1(c) A grantee must use grant funds within eight​
10.2five years of receipt for purposes (1)​
10.3authorized under Minnesota Statutes, section​
10.4462C.16, subdivision 3, and (2) benefiting​
10.5households with incomes at or below 115​
10.6percent of the state median income. A grantee​
10.7must return any grant funds not used for these​
10.8purposes within eight years of receipt to the​
10.9commissioner of the Minnesota Housing​
10.10Finance Agency for deposit into the housing​
10.11development fund.​
10.12Sec. 13. Laws 2023, chapter 37, article 2, section 10, is amended to read:​
10.13Sec. 10. HIGH-RISE SPRINKLER SYSTEM GRANT AND LOAN PROGRAM.​
10.14 Subdivision 1.Definitions.(a) The definitions in this subdivision apply to this section.​
10.15 (b) "Eligible building" means an existing residential building in which:​
10.16 (1) at least one story used for human occupancy is the building is seven stories or more​
10.17in height or 75 feet or more above the lowest level of fire department vehicle access; and​
10.18 (2) at least two-thirds of its units are affordable to households with an annual income at​
10.19or below 50 60 percent of the area median income as determined by the United States​
10.20Department of Housing and Urban Development, adjusted for family size, that is paying​
10.21no more than 30 percent of annual income on rent.​
10.22 (c) "Sprinkler system" means the same as the term "fire protection system" as defined​
10.23in Minnesota Statutes, section 299M.01.​
10.24 Subd. 2.Grant program Use of funds.The commissioner of the Housing Finance​
10.25Agency must make grants or loans to owners of eligible buildings for installation of sprinkler​
10.26systems and, if necessary, for relocation of residents during the installation of sprinkler​
10.27systems. Priority shall be given to nonprofit applicants. The maximum grant per eligible​
10.28building shall be $2,000,000. Each grant to a nonprofit organization shall require a 25​
10.29percent match. Each grant to a for-profit organization shall require a 50 percent match.​
10​Article 1 Sec. 13.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 11.1	ARTICLE 2​
11.2	PUBLIC CORPORATION FOR RENTAL PROPERTY​
11.3 Section 1. Minnesota Statutes 2024, section 15.082, is amended to read:​
11.4 15.082 OBLIGATIONS OF PUBLIC CORPORATIONS.​
11.5 Notwithstanding any other law, the state is not liable for obligations of a public​
11.6corporation created by statute. Upon dissolution of the public corporation, its wholly owned​
11.7assets become state property. Partially owned assets become state property to the extent​
11.8that state money was used to acquire them.​
11.9 This section does not apply to a public corporation governed by chapter 119 or section​
11.10469.0121.​
11.11 EFFECTIVE DATE.This section is effective July 1, 2025.​
11.12Sec. 2. Minnesota Statutes 2024, section 462A.202, subdivision 3a, is amended to read:​
11.13 Subd. 3a.Permanent rental housing.The agency may make loans, with or without​
11.14interest, to cities and counties to finance the construction, acquisition, or rehabilitation of​
11.15affordable, permanent, and publicly owned rental housing, including housing owned by a​
11.16public corporation created pursuant to section 469.0121. Loans made under this subdivision​
11.17are subject to the restrictions of subdivision 7. In making loans under this subdivision, the​
11.18agency shall give priority to projects that increase the supply of affordable family housing.​
11.19Sec. 3. Minnesota Statutes 2024, section 462C.02, subdivision 6, is amended to read:​
11.20 Subd. 6.City."City" means any statutory or home rule charter city, a county housing​
11.21and redevelopment authority created by special law or authorized by its county to exercise​
11.22its powers pursuant to section 469.004, or any public body which (a) is the housing and​
11.23redevelopment authority in and for a statutory or home rule charter city, the port authority​
11.24of a statutory or home rule charter city, or an economic development authority of a city​
11.25established under sections 469.090 to 469.108, or a public corporation created pursuant to​
11.26section 469.0121, and (b) is authorized by ordinance to exercise, on behalf of a statutory or​
11.27home rule charter city, the powers conferred by sections 462C.01 to 462C.10.​
11.28Sec. 4. Minnesota Statutes 2024, section 469.012, subdivision 2j, is amended to read:​
11.29 Subd. 2j.May be in LLP, LLC, or corporation; bound as if HRA.(a) An authority​
11.30may become a member or shareholder in and enter into or form limited partnerships, limited​
11.31liability companies, or corporations for the purpose of developing, constructing, rehabilitating,​
11​Article 2 Sec. 4.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 12.1managing, supporting, or preserving housing projects and housing development projects,​
12.2including low-income housing tax credit projects. These limited partnerships, limited liability​
12.3companies, or corporations are subject to all of the provisions of sections 469.001 to 469.047​
12.4and other laws that apply to housing and redevelopment authorities, as if the limited​
12.5partnership, limited liability company, or corporation were a housing and redevelopment​
12.6authority.​
12.7 (b) An authority may create a public corporation in accordance with section 469.0121​
12.8for the purpose of purchasing, owning, and operating real property converted through the​
12.9federal Rental Assistance Demonstration program under Public Law 112-55, as amended.​
12.10 EFFECTIVE DATE.This section is effective July 1, 2025.​
12.11Sec. 5. [469.0121] PUBLIC CORPORATION; RENTAL ASSISTANCE​
12.12DEMONSTRATION PROGRAM.​
12.13 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have​
12.14the meanings given.​
12.15 (b) "Authority" has the meaning given under section 469.002, subdivision 2.​
12.16 (c) "Board" means the board of directors of a corporation created under this section.​
12.17 (d) "Corporation" means a public corporation created under this section.​
12.18 (e) "RAD" means the federal Rental Assistance Demonstration program under Public​
12.19Law 112-55, as amended.​
12.20 Subd. 2.Public corporation created.An authority may create a public corporation to​
12.21purchase, own, and operate real property that has been converted through RAD to preserve​
12.22and improve public housing properties. A public corporation created under this section is​
12.23also a political subdivision of the state and is limited to the powers in this section.​
12.24 Subd. 3.Corporation powers.(a) The corporation has the following general powers:​
12.25 (1) to have succession until dissolved by law;​
12.26 (2) to sue and be sued in its corporate name;​
12.27 (3) to adopt, alter, and use a corporate seal which shall be judicially noticed;​
12.28 (4) to accept, hold, and administer gifts and bequests of money, securities, or other​
12.29personal property of whatsoever character, absolutely or in trust, for the purposes for which​
12.30the corporation is created. Unless otherwise restricted by the terms of the gift or bequest,​
12.31the corporation is authorized to sell, exchange, or otherwise dispose of and to invest or​
12​Article 2 Sec. 5.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 13.1reinvest in such investments as the corporation may determine with the money, securities,​
13.2or other property given or bequeathed to the corporation. The principal of and income from​
13.3the corporate funds and all other revenues received by the corporation from any source​
13.4whatsoever shall be placed in such depositories as the board of directors shall determine​
13.5and shall be subject to expenditure for corporate purposes;​
13.6 (5) to enter into contracts generally and to execute all instruments necessary or appropriate​
13.7to carry out the corporate purposes;​
13.8 (6) to appoint and prescribe the duties of officers, agents, and employees as may be​
13.9necessary to carry out the work of the corporation and to compensate officers, agents, and​
13.10employees;​
13.11 (7) to purchase all supplies and materials necessary for carrying out the purposes of the​
13.12corporation;​
13.13 (8) to accept from the United States, the state of Minnesota, or any of their agencies​
13.14money or other assistance whether by gift, loan, or otherwise to carry out the purposes of​
13.15the corporation, and enter into contracts with the United States, the state of Minnesota, any​
13.16of the agencies of either, or any of the political subdivisions of the state as it may deem​
13.17proper and consistent with the purposes of this section;​
13.18 (9) to contract and make cooperative agreements with federal, state, and municipal​
13.19departments and agencies and private corporations, associations, and individuals for the use​
13.20of the corporation property, including but not limited to rental agreements; and​
13.21 (10) to acquire real or personal property or any interest therein in any manner authorized​
13.22under section 469.012, subdivision 1g, including by the exercise of eminent domain.​
13.23 (b) A corporation may acquire properties converted under RAD, subject to restrictions​
13.24and conditions compatible with funding acquisitions of and improvements to real property​
13.25with state general obligation bond proceeds. The commissioner of management and budget​
13.26must determine the necessary restrictions and conditions under this paragraph.​
13.27 Subd. 4.Board of directors.(a) A corporation is governed by a board of directors, with​
13.28each commissioner of the authority that created the corporation serving as a member.​
13.29 (b) The term of a director shall coincide with their term as a commissioner of the authority​
13.30that created the corporation, except that a director's term shall continue after their term as​
13.31a commissioner is complete until a successor commissioner is duly appointed and qualified.​
13.32 (c) Board members must not be compensated for their service as board members but​
13.33may receive reimbursement for reasonable expenses incurred in connection with their duties​
13​Article 2 Sec. 5.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ 14.1as board members. The state auditor must review the reimbursements to board members​
14.2each year.​
14.3 (d) The board must annually elect from among its members a chair and other officers​
14.4necessary for the performance of its duties.​
14.5 Subd. 5.Bylaws.The board of directors must adopt bylaws and rules as it deems​
14.6necessary for the administration of its functions and the accomplishment of its purpose,​
14.7including among other matters the establishment of a business office and the rules, the use​
14.8of the project-based rental assistance properties, and the administration of corporation funds.​
14.9 Subd. 6.Place of business.The board must locate and maintain the corporation's place​
14.10of business in the city in which the authority that created the corporation is located.​
14.11 Subd. 7.Open meetings; data practices.Meetings of the board are subject to chapter​
14.1213D and meetings of the board conducted by interactive technology are subject to section​
14.1313D.02. The board is subject to chapter 13, the Minnesota Government Data Practices Act,​
14.14and shall protect data classified as not public from unlawful disclosure.​
14.15 Subd. 8.Compliance.The corporation must comply with all federal, state, and local​
14.16laws, rules, ordinances, and other regulations required to own and operate properties as​
14.17project-based rental assistance properties.​
14.18 Subd. 9.Dissolution.Upon dissolution of the corporation for any reason, its wholly​
14.19owned assets become property of the authority that created the corporation.​
14.20 EFFECTIVE DATE.This section is effective July 1, 2025.​
14​Article 2 Sec. 5.​
REVISOR	MS	H2309-1​HF2309 FIRST ENGROSSMENT​ Page.Ln 1.14​MINNESOTA HOUSING FINANCE AGENCY..................................ARTICLE 1​
Page.Ln 11.1​PUBLIC CORPORATION FOR RENTAL PROPERTY.......................ARTICLE 2​
1​
APPENDIX​
Article locations for H2309-1​