Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2480 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to housing; authorizing housing and redevelopment authorities to create​
33 1.3 public corporations for the purpose of purchasing, owning, and operating properties​
44 1.4 converted under the federal Rental Assistance Demonstration program; permitting​
55 1.5 corporations of authorities to receive certain funding through the Minnesota​
66 1.6 Housing Finance Agency; amending Minnesota Statutes 2024, sections 15.082;​
77 1.7 462A.202, subdivision 3a; 462C.02, subdivision 6; 469.012, subdivision 2j;​
88 1.8 proposing coding for new law in Minnesota Statutes, chapter 469.​
99 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1010 1.10 Section 1. Minnesota Statutes 2024, section 15.082, is amended to read:​
1111 1.11 15.082 OBLIGATIONS OF PUBLIC CORPORATIONS.​
1212 1.12 Notwithstanding any other law, the state is not liable for obligations of a public​
1313 1.13corporation created by statute. Upon dissolution of the public corporation, its wholly owned​
1414 1.14assets become state property. Partially owned assets become state property to the extent​
1515 1.15that state money was used to acquire them.​
1616 1.16 This section does not apply to a public corporation governed by chapter 119 or section​
1717 1.17469.0121.​
1818 1.18 EFFECTIVE DATE.This section is effective July 1, 2025.​
1919 1.19 Sec. 2. Minnesota Statutes 2024, section 462A.202, subdivision 3a, is amended to read:​
2020 1.20 Subd. 3a.Permanent rental housing.The agency may make loans, with or without​
2121 1.21interest, to cities and counties to finance the construction, acquisition, or rehabilitation of​
2222 1.22affordable, permanent, and publicly owned rental housing, including housing owned by a​
2323 1.23public corporation created pursuant to section 469.0121. Loans made under this subdivision​
2424 1​Sec. 2.​
2525 REVISOR MS/BM 25-03854​03/03/25 ​
2626 State of Minnesota​
2727 This Document can be made available​
2828 in alternative formats upon request​
2929 HOUSE OF REPRESENTATIVES​
3030 H. F. No. 2480​
3131 NINETY-FOURTH SESSION​
3232 Authored by Howard; Lee, F., and Igo​03/17/2025​
3333 The bill was read for the first time and referred to the Committee on Housing Finance and Policy​ 2.1are subject to the restrictions of subdivision 7. In making loans under this subdivision, the​
3434 2.2agency shall give priority to projects that increase the supply of affordable family housing.​
3535 2.3 Sec. 3. Minnesota Statutes 2024, section 462C.02, subdivision 6, is amended to read:​
3636 2.4 Subd. 6.City."City" means any statutory or home rule charter city, a county housing​
3737 2.5and redevelopment authority created by special law or authorized by its county to exercise​
3838 2.6its powers pursuant to section 469.004, or any public body which (a) is the housing and​
3939 2.7redevelopment authority in and for a statutory or home rule charter city, the port authority​
4040 2.8of a statutory or home rule charter city, or an economic development authority of a city​
4141 2.9established under sections 469.090 to 469.108, or a public corporation created pursuant to​
4242 2.10section 469.0121, and (b) is authorized by ordinance to exercise, on behalf of a statutory or​
4343 2.11home rule charter city, the powers conferred by sections 462C.01 to 462C.10.​
4444 2.12 Sec. 4. Minnesota Statutes 2024, section 469.012, subdivision 2j, is amended to read:​
4545 2.13 Subd. 2j.May be in LLP, LLC, or corporation; bound as if HRA.(a) An authority​
4646 2.14may become a member or shareholder in and enter into or form limited partnerships, limited​
4747 2.15liability companies, or corporations for the purpose of developing, constructing, rehabilitating,​
4848 2.16managing, supporting, or preserving housing projects and housing development projects,​
4949 2.17including low-income housing tax credit projects. These limited partnerships, limited liability​
5050 2.18companies, or corporations are subject to all of the provisions of sections 469.001 to 469.047​
5151 2.19and other laws that apply to housing and redevelopment authorities, as if the limited​
5252 2.20partnership, limited liability company, or corporation were a housing and redevelopment​
5353 2.21authority.​
5454 2.22 (b) An authority may create a public corporation in accordance with section 469.0121​
5555 2.23for the purpose of purchasing, owning, and operating real property converted through the​
5656 2.24federal Rental Assistance Demonstration program under Public Law 112-55, as amended.​
5757 2.25 EFFECTIVE DATE.This section is effective July 1, 2025.​
5858 2.26 Sec. 5. [469.0121] PUBLIC CORPORATION; RENTAL ASSISTANCE​
5959 2.27DEMONSTRATION PROGRAM.​
6060 2.28 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have​
6161 2.29the meanings given.​
6262 2.30 (b) "Authority" has the meaning given under section 469.002, subdivision 2.​
6363 2.31 (c) "Board" means the board of directors of a corporation created under this section.​
6464 2​Sec. 5.​
6565 REVISOR MS/BM 25-03854​03/03/25 ​ 3.1 (d) "Corporation" means a public corporation created under this section.​
6666 3.2 (e) "RAD" means the federal Rental Assistance Demonstration program under Public​
6767 3.3Law 112-55, as amended.​
6868 3.4 Subd. 2.Public corporation created.An authority may create a public corporation to​
6969 3.5purchase, own, and operate real property that has been converted through RAD to preserve​
7070 3.6and improve public housing properties. A public corporation created under this section is​
7171 3.7also a political subdivision of the state and is limited to the powers in this section.​
7272 3.8 Subd. 3.Corporation powers.(a) The corporation has the following general powers:​
7373 3.9 (1) to have succession until dissolved by law;​
7474 3.10 (2) to sue and be sued in its corporate name;​
7575 3.11 (3) to adopt, alter, and use a corporate seal which shall be judicially noticed;​
7676 3.12 (4) to accept, hold, and administer gifts and bequests of money, securities, or other​
7777 3.13personal property of whatsoever character, absolutely or in trust, for the purposes for which​
7878 3.14the corporation is created. Unless otherwise restricted by the terms of the gift or bequest,​
7979 3.15the corporation is authorized to sell, exchange, or otherwise dispose of and to invest or​
8080 3.16reinvest in such investments as the corporation may determine with the money, securities,​
8181 3.17or other property given or bequeathed to the corporation. The principal of and income from​
8282 3.18the corporate funds and all other revenues received by the corporation from any source​
8383 3.19whatsoever shall be placed in such depositories as the board of directors shall determine​
8484 3.20and shall be subject to expenditure for corporate purposes;​
8585 3.21 (5) to enter into contracts generally and to execute all instruments necessary or appropriate​
8686 3.22to carry out the corporate purposes;​
8787 3.23 (6) to appoint and prescribe the duties of officers, agents, and employees as may be​
8888 3.24necessary to carry out the work of the corporation and to compensate officers, agents, and​
8989 3.25employees;​
9090 3.26 (7) to purchase all supplies and materials necessary for carrying out the purposes of the​
9191 3.27corporation;​
9292 3.28 (8) to accept from the United States, the state of Minnesota, or any of their agencies​
9393 3.29money or other assistance whether by gift, loan, or otherwise to carry out the purposes of​
9494 3.30the corporation, and enter into contracts with the United States, the state of Minnesota, any​
9595 3.31of the agencies of either, or any of the political subdivisions of the state as it may deem​
9696 3.32proper and consistent with the purposes of this section;​
9797 3​Sec. 5.​
9898 REVISOR MS/BM 25-03854​03/03/25 ​ 4.1 (9) to contract and make cooperative agreements with federal, state, and municipal​
9999 4.2departments and agencies and private corporations, associations, and individuals for the use​
100100 4.3of the corporation property, including but not limited to rental agreements; and​
101101 4.4 (10) to acquire real or personal property or any interest therein in any manner authorized​
102102 4.5under section 469.012, subdivision 1g, including by the exercise of eminent domain.​
103103 4.6 (b) A corporation may acquire properties converted under RAD, subject to restrictions​
104104 4.7and conditions compatible with funding acquisitions of and improvements to real property​
105105 4.8with state general obligation bond proceeds. The commissioner of management and budget​
106106 4.9must determine the necessary restrictions and conditions under this paragraph.​
107107 4.10 Subd. 4.Board of directors.(a) A corporation is governed by a board of directors, with​
108108 4.11each commissioner of the authority that created the corporation serving as a member.​
109109 4.12 (b) The term of a director shall coincide with their term as a commissioner of the authority​
110110 4.13that created the corporation, except that a director's term shall continue after their term as​
111111 4.14a commissioner is complete until a successor commissioner is duly appointed and qualified.​
112112 4.15 (c) Board members must not be compensated for their service as board members but​
113113 4.16may receive reimbursement for reasonable expenses incurred in connection with their duties​
114114 4.17as board members. The state auditor must review the reimbursements to board members​
115115 4.18each year.​
116116 4.19 (d) The board must annually elect from among its members a chair and other officers​
117117 4.20necessary for the performance of its duties.​
118118 4.21 Subd. 5.Bylaws.The board of directors must adopt bylaws and rules as it deems​
119119 4.22necessary for the administration of its functions and the accomplishment of its purpose,​
120120 4.23including among other matters the establishment of a business office and the rules, the use​
121121 4.24of the project-based rental assistance properties, and the administration of corporation funds.​
122122 4.25 Subd. 6.Place of business.The board must locate and maintain the corporation's place​
123123 4.26of business in the city in which the authority that created the corporation is located.​
124124 4.27 Subd. 7.Open meetings; data practices.Meetings of the board are subject to chapter​
125125 4.2813D and meetings of the board conducted by interactive technology are subject to section​
126126 4.2913D.02. The board is subject to chapter 13, the Minnesota Government Data Practices Act,​
127127 4.30and shall protect data classified as not public from unlawful disclosure.​
128128 4.31 Subd. 8.Compliance.The corporation must comply with all federal, state, and local​
129129 4.32laws, rules, ordinances, and other regulations required to own and operate properties as​
130130 4.33project-based rental assistance properties.​
131131 4​Sec. 5.​
132132 REVISOR MS/BM 25-03854​03/03/25 ​ 5.1 Subd. 9.Dissolution.Upon dissolution of the corporation for any reason, its wholly​
133133 5.2owned assets become property of the authority that created the corporation.​
134134 5.3 EFFECTIVE DATE.This section is effective July 1, 2025.​
135135 5​Sec. 5.​
136136 REVISOR MS/BM 25-03854​03/03/25 ​