1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to housing; creating a statewide landlord database; creating a civil penalty |
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3 | 3 | | 1.3 for a failure to register with the statewide landlord database; providing civil |
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4 | 4 | | 1.4 remedies; providing attorney general enforcement; amending Minnesota Statutes |
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5 | 5 | | 1.5 2024, section 8.31, subdivision 1; proposing coding for new law in Minnesota |
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6 | 6 | | 1.6 Statutes, chapter 462A. |
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7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 8.31, subdivision 1, is amended to read: |
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9 | 9 | | 1.9 Subdivision 1.Investigate offenses against provisions of certain designated sections; |
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10 | 10 | | 1.10assist in enforcement.The attorney general shall investigate violations of the law of this |
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11 | 11 | | 1.11state respecting unfair, discriminatory, and other unlawful practices in business, commerce, |
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12 | 12 | | 1.12or trade, and specifically, but not exclusively, the Nonprofit Corporation Act (sections |
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13 | 13 | | 1.13317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition (sections |
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14 | 14 | | 1.14325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to 325D.16), |
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15 | 15 | | 1.15the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other laws against |
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16 | 16 | | 1.16false or fraudulent advertising, the antidiscrimination acts contained in section 325D.67, |
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17 | 17 | | 1.17the act against monopolization of food products (section 325D.68), the act regulating |
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18 | 18 | | 1.18telephone advertising services (section 325E.39), the Prevention of Consumer Fraud Act |
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19 | 19 | | 1.19(sections 325F.68 to 325F.70), the requirements of the statewide landlord database (section |
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20 | 20 | | 1.20462A.45), and chapter 53A regulating currency exchanges and assist in the enforcement of |
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21 | 21 | | 1.21those laws as in this section provided. |
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22 | 22 | | 1Section 1. |
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23 | 23 | | REVISOR MS/EN 25-0511103/24/25 |
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24 | 24 | | State of Minnesota |
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25 | 25 | | This Document can be made available |
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26 | 26 | | in alternative formats upon request |
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27 | 27 | | HOUSE OF REPRESENTATIVES |
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28 | 28 | | H. F. No. 2966 |
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29 | 29 | | NINETY-FOURTH SESSION |
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30 | 30 | | Authored by Agbaje04/01/2025 |
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31 | 31 | | The bill was read for the first time and referred to the Committee on Housing Finance and Policy 2.1 Sec. 2. [462A.45] STATEWIDE LANDLORD DATABASE. |
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32 | 32 | | 2.2 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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33 | 33 | | 2.3the meanings given. |
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34 | 34 | | 2.4 (b) "Landlord" has the meaning given in section 504B.001, subdivision 7. |
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35 | 35 | | 2.5 (c) "Residential building" has the meaning given in section 504B.001, subdivision 11. |
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36 | 36 | | 2.6 (d) "Tenant" means a residential tenant as defined in section 504B.001, subdivision 12. |
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37 | 37 | | 2.7 Subd. 2.Database established.The commissioner of the Housing Finance Agency must |
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38 | 38 | | 2.8establish and maintain a statewide landlord database that collects and retains the information |
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39 | 39 | | 2.9required in this section. The commissioner must make the database available to the public |
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40 | 40 | | 2.10at no cost. The commissioner must not charge a fee to a landlord for submitting information |
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41 | 41 | | 2.11to the database. The database must be searchable and allow tenants and prospective tenants |
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42 | 42 | | 2.12to report rental units or landlords who cannot be found in the database. |
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43 | 43 | | 2.13 Subd. 3.Annual submission required.(a) Before renting a residential building in the |
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44 | 44 | | 2.14state or within 60 days of renting a rental unit in the state, a landlord must provide the |
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45 | 45 | | 2.15following information to the statewide landlord database: |
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46 | 46 | | 2.16 (1) the complete legal names of the owners of the residential building and, if the property |
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47 | 47 | | 2.17is owned by a company or group of investors, the complete legal names of each natural |
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48 | 48 | | 2.18person who has a property interest in the residential building; |
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49 | 49 | | 2.19 (2) the business address of each natural person who has a property interest in the |
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50 | 50 | | 2.20residential building; |
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51 | 51 | | 2.21 (3) the name, address, and contact information for the landlord or manager of the |
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52 | 52 | | 2.22residential building; |
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53 | 53 | | 2.23 (4) the rent for each rental unit in the residential building on the first day that the unit |
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54 | 54 | | 2.24is rented or on January 1 of the year of the filing for a renewal; and |
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55 | 55 | | 2.25 (5) if the residential building has a rental license, the date of issue, the date of expiration, |
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56 | 56 | | 2.26and the jurisdiction issuing the license. |
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57 | 57 | | 2.27 (b) A landlord must annually update a submission for each rental unit or residential |
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58 | 58 | | 2.28building that the landlord is renting by February 1 or, if a unit is vacant, before or during |
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59 | 59 | | 2.29the first 60 days that the rental unit is occupied. |
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60 | 60 | | 2.30 (c) A landlord who fails to comply with this subdivision is subject to penalties under |
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61 | 61 | | 2.31subdivisions 4 and 5. |
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62 | 62 | | 2Sec. 2. |
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63 | 63 | | REVISOR MS/EN 25-0511103/24/25 3.1 Subd. 4.Tenant remedies; civil action; retaliation.(a) A tenant or prospective tenant |
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64 | 64 | | 3.2who is unable to locate a landlord in the statewide landlord database may notify the agency |
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65 | 65 | | 3.3that the landlord, the residential building, or the rental unit could not be found, and the |
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66 | 66 | | 3.4tenant or prospective tenant must provide their contact information, the residential building |
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67 | 67 | | 3.5or unit address, and the contact information for the landlord. The agency must send a letter |
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68 | 68 | | 3.6to the landlord with information on the database and a notice that the landlord must provide |
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69 | 69 | | 3.7the landlord's annual submission to the database within 60 days of the date that the landlord |
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70 | 70 | | 3.8received notice of the letter. The agency must send the tenant a copy of the letter. An |
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71 | 71 | | 3.9enforcement action under subdivision 5 may not be brought until 61 days after the date the |
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72 | 72 | | 3.10letter was sent under this paragraph. |
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73 | 73 | | 3.11 (b) A tenant or prospective tenant may bring a civil action against a landlord who has |
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74 | 74 | | 3.12not provided the information required under this section 61 days after the date of the |
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75 | 75 | | 3.13notification under paragraph (a) for injunctive relief, costs, and reasonable attorney fees. |
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76 | 76 | | 3.14In addition, the landlord is liable to the tenant or prospective tenant for a civil penalty of |
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77 | 77 | | 3.15up to $5,000 if the court finds that the landlord has repeated knowing and willful violations |
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78 | 78 | | 3.16of this section. |
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79 | 79 | | 3.17 (c) A landlord must not refuse to rent to a prospective tenant, increase rent, decrease |
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80 | 80 | | 3.18services, alter an existing lease with the tenant, file a complaint against the tenant, seek to |
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81 | 81 | | 3.19recover possession of the premises, or commit any other act or failure to act, in whole or in |
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82 | 82 | | 3.20part, in retaliation after a tenant exercises a right under this section. A tenant or prospective |
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83 | 83 | | 3.21tenant may bring a civil action against a landlord who violates this paragraph seeking |
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84 | 84 | | 3.22damages, costs, reasonable attorney fees, injunctive relief, and any other equitable relief |
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85 | 85 | | 3.23the court deems appropriate. |
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86 | 86 | | 3.24 Subd. 5.Attorney general enforcement.The attorney general may enforce this section |
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87 | 87 | | 3.25under section 8.31. The court may award a civil penalty of up to $5,000 if the court finds |
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88 | 88 | | 3.26that the landlord has repeated knowing and willful violations of this section. |
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89 | 89 | | 3.27 EFFECTIVE DATE.This section is effective January 1, 2026, and applies to causes |
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90 | 90 | | 3.28of actions accruing on or after that date. |
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91 | 91 | | 3Sec. 2. |
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92 | 92 | | REVISOR MS/EN 25-0511103/24/25 |
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