Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2480 Latest Draft

Bill / Introduced Version Filed 03/17/2025

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