Judiciary Finance and Civil Law

SIXTEENTH MEETING

2021-2022 Regular Session - Tuesday, March 2, 2021

STATE OF MINNESOTA SIXTEENTH MEETING
HOUSE OF REPRESENTATIVES NINETY-SECOND SESSION

JUDICIARY FINANCE AND CIVIL LAW MINUTES

Representative Jamie Becker-Finn, Chair of the Committee on Judiciary Finance and Civil Law, called the virtual meeting to order at 8:30 AM on March 2, 2021 pursuant to House rule 10.01. The meeting was broadcast via Zoom and House Public Information Services.

The Committee Legislative Assistant noted the roll.

Members present:
Becker-Finn, Jamie, Chair
Moller, Kelly, Vice Chair
Scott, Peggy, Republican Lead
Feist, Sandra
Frazier, Cedrick
Her, Kaohly
Hollins, Athena
Johnson, Brian
Liebling, Tina
Long, Jamie
Mortensen, Erik
Novotny, Paul
Pfarr, Brian
Robbins, Kristin
Vang, Samantha
Xiong, Tou

Members excused:
Grossell, Matt

A quorum was present.

Representative Feist moved that the minutes of February 26, 2021, be adopted. THE MOTION PREVAILED.

Chair Becker-Finn moved that HF 450 be recommended to be laid over for possible inclusion in a future omnibus bill.

Chair Becker-Finn moved that the H0450A1 be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Richardson presented HF 450 as amended, a bill for an act relating to housing; providing for a right to counsel in certain public housing eviction actions; proposing coding for new law in Minnesota Statutes, chapter 504B.

Testifying on HF 450:
• Larry McDonough, Senior Minnesota Counsel, Lawyers’ Committee for Civil Rights Under Law
• Noah McCourt, Executive Director, Disability Justice Network

Chair Becker-Finn renewed the motion that HF 450 as amended be recommended to be laid over for possible inclusion in a future omnibus bill.

Chair Becker-Finn moved that HF 1060 be recommended to be placed on the General Register.

Chair Becker-Finn moved that the H1060A3 be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Agbaje presented HF 1060 as amended, a bill for an act relating to housing; establishing procedures for eviction and tenant screening reports; amending Minnesota Statutes 2020, sections 504B.001, subdivision 4; 504B.241, subdivision 4; 504B.245; 504B.321; 504B.331; 504B.335; 504B.345, subdivision 1, by adding a subdivision; 504B.361, subdivision 1; 504B.371, subdivisions 1, 4, 5; proposing coding for new law in Minnesota Statutes, chapter
504B; repealing Minnesota Statutes 2020, sections 504B.341; 504B.371, subdivision 7.

Testifying on HF 1060:
• Ron Elwood, Supervising Attorney, Mid-Minnesota Legal Aid
• Joey Dobson, Staff Attorney, Mid-Minnesota Legal Aid
• Chris Kalla, Attorney, Hanbery and Turner, P.A.
• Bradley Schaeppi, Attorney, Minnesota Landlord Law, PLLC

Chair Becker-Finn renewed the motion that HF 1060 as amended be recommended to be placed on the General Register.

Chair Becker-Finn requested a roll call on HF 1060 as amended.

AYES
Becker-Finn
Moller
Feist
Frazier
Her
Hollins
Liebling
Long
Vang
Xiong

NAYS
Scott
Johnson
Mortensen
Novotny
Pfarr
Robbins

EXCUSALS
Grossell

There being 10 ayes, 6 nay and 1 excusal, THE MOTION PREVAILED.

Representative Her moved that HF 398 be recommended to be placed on the General Register.

Representative Her presented HF 398, a bill for an act relating to housing; amending the covenants implied in a residential lease; providing for tenants remedies against landlords for repairs; allowing a tenant to request emergency repairs from the court; amending Minnesota Statutes 2020, sections 504B.161, subdivision 1; 504B.375, subdivision 1; 504B.381, subdivisions 1, 5, by adding a subdivision.

Testifying on HF 398:
• Samuel Spaid, Staff Attorney and Research Director, HOME Line
• Matheis Lockett, public testimony
• Leanna Stefaniak, Chief Real Estate Officer and General Counsel, At Home Apartments

Representative Her renewed the motion that HF 398 be recommended to be placed on the General Register.

Chair Becker-Finn requested a roll call on HF 398.

AYES
Becker-Finn
Moller
Feist
Frazier
Her
Hollins
Liebling
Long
Vang
Xiong

NAYS
Scott
Johnson
Mortensen
Novotny
Pfarr
Robbins

EXCUSALS
Grossell

There being 10 ayes, 6 nays and 1 excusal, THE MOTION PREVAILED.

Chair Becker-Finn recessed the meeting at 9:59 AM.

Chair Becker-Finn reconvened the meeting at 5:00 PM.

Representative Her moved that HF 399 be recommended to be placed on the General Register.

Representative Her presented HF 399, a bill for an act relating to housing; prohibiting landlords from imposing certain fees; restricting entry by a landlord and amending fees for improper entry; amending Minnesota Statutes 2020, section 504B.211, subdivisions 2, 6; proposing coding for new law in Minnesota Statutes, chapter 504B.

Testifying on HF 399:
• Samuel Spaid, Staff Attorney and Research Director, HOME Line
• Michael Dahl on behalf of Drew Mares (written testimony)

Representative Her renewed the motion that HF 399 be recommended to be placed on the General Register.

Chair Becker-Finn requested a roll call on HF 399.

AYES
Becker-Finn
Moller
Feist
Frazier
Her
Hollins
Liebling
Long
Vang
Xiong

NAYS
Scott
Johnson
Mortensen
Pfarr
Robbins

ABSTENTIONS
Novotny

EXCUSALS
Grossell

There being 10 ayes, 5 nays, 1 abstention and 1 excusal, THE MOTION PREVAILED.

Representative Her moved that HF 400 be recommended to be placed on the General Register.

Representative Her moved that the H0400A1 be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Her presented HF 400 as amended, a bill for an act relating to civil law; landlord and tenant; establishing termination of lease upon infirmity of tenant; proposing coding for new law in Minnesota Statutes, chapter 504B.

Testifying on HF 400:
• Samuel Spaid, Staff Attorney and Research Director, HOME Line
• Lisa Moe, President and Chief Executive Officer, StuartCo Property Management and Development

Representative Her renewed the motion that HF 400 as amended be recommended to be placed on the General Register.

Chair Becker-Finn requested a roll call on HF 400 as amended.

AYES
Becker-Finn
Moller
Scott
Feist
Frazier
Her
Hollins
Johnson
Liebling
Long
Mortensen
Novotny
Pfarr
Robbins
Vang
Xiong

NAYS

EXCUSALS
Grossell

There being 16 ayes, no nays and 1 excusal, THE MOTION PREVAILED.

Representative Her moved that HF 835 be recommended to be placed on the General Register.

Representative Her moved that the H0835A1 be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Her presented HF 835 as amended, a bill for an act relating to housing; creating specific notice requirements for evictions due to nonpayment of rent; expanding eligibility for discretionary and mandatory expungements for eviction case court files; prohibiting rental discrimination based on a tenant's receipt of public housing assistance; limiting public access to pending eviction case court actions; amending Minnesota Statutes 2020, sections 363A.09,
subdivisions 1, 2, by adding a subdivision; 484.014, subdivisions 2, 3; 504B.135; 504B.321.

Testifying on HF 835:
• Larry McDonough, Attorney, Committee for Civil Rights Under Law
• Linda Soderstrom, public testimony
• Bernadette Hornig, Partner, Hornig Companies
• Cecil Smith, President and CEO, Minnesota Multi Housing Association
• Lael Robertson, Policy Attorney, Minnesota Housing Finance Agency

Representative Her renewed the motion that HF 835 as amended be recommended to be placed on the General Register.

Chair Becker-Finn requested a roll call on HF 835 as amended.

AYES
Becker-Finn
Moller
Feist
Frazier
Her
Hollins
Liebling
Long
Vang
Xiong

NAYS
Scott
Johnson
Mortensen
Novotny
Pfarr
Robbins

EXCUSALS
Grossell

There being 10 ayes, 6 nays and 1 excusal, THE MOTION PREVAILED.

The meeting was adjourned at 6:10 PM.

__________________________________________
Representative Jamie Becker-Finn, Chair

__________________________________________
Anna Borgerding, Committee Legislative Assistant

More Info On This Meeting..

Bills Added:

HF398 (Her) - Residential lease implied covenants amended, tenant remedies against landlords for repairs provided, and tenant allowed to request emergency repairs from court.
HF399 (Her) - Landlords prohibited from imposing fees, and landlord entry restricted and fees amended for improper entry.
HF400 (Her) - Termination of lease upon infirmity of tenant established.
HF450 (Richardson) - Right to counsel provided in public housing eviction actions.
HF835 (Her) - Evictions due to nonpayment of rent specific notice requirements created, eligibility expanded for discretionary and mandatory expungements for eviction case court files, rental discrimination based on a tenant's receipt of public housing assistance prohibited, and public access limited to pending eviction case court actions.
HF1060 (Agbaje) - Eviction and tenant screening report procedures established.

Documents:

HF450 summary.pdf - 2/26/2021
H0400A1-.pdf - 2/26/2021
H0835A1.pdf - 2/26/2021
HOME Line written HF 835 testimony_Civil Law.pdf - 2/26/2021
Written testimony in support of HF399.pdf - 2/26/2021
2021 Legislative Session ALL One-Pagers.pdf - 2/26/2021
H0450A1 author amendment.pdf - 2/28/2021
H1060A3 Author Amendment.pdf - 3/1/2021
JCASupportLetter.HF1060.pdf - 3/1/2021
GTCUW_Eviction Reforms_Letter of Support_3.1.pdf - 3/1/2021
Written Testimony-HF 835_MN Realtors (3-1-21).pdf - 3/1/2021
SOICollateral.pdf - 3/1/2021
Letter of Support_Judiciary Committee Hearing_3_2_2021 VFM.pdf - 3/1/2021
Final_HF535_Support_Updated03.01.21 (1).pdf - 3/1/2021
Renter Protections Bills Comment Letter for Judiciary Committee 2021.pdf - 3/1/2021
Right To Counsel in PH letter to Judiciary_.pdf - 3/1/2021
3.1.21 nami letter.pdf - 3/1/2021
HF 399 Written Testimony.pdf - 3/2/2021

Audio:
Listen Now

House TV Video:
View Archive

02:05 - HF450 (Richardson) Right to counsel provided in public housing eviction actions.
21:30 - HF1060 (Agbaje) Eviction and tenant screening report procedures established.
53:50 - HF398 (Her) Residential lease implied covenants amended, tenant remedies against landlords for repairs provided, and tenant allowed to request emergency repairs at court.
The committee recessed.
Runs 1 hour, 29 minutes.

House TV Video:
View Archive

00:00 - HF399 (Her) Landlords prohibited fees expanded, and landlord entry restricted and improper entry fees amended.
20:12 - HF400 (Her) Termination of lease upon infirmity of tenant established.
32:59 - HF835 (Her) Eviction due to nonpayment of rent notice requirements created, eviction case court file discretionary and mandatory eligibility expanded, rental discrimination prohibited based on tenant's public housing assistance receipt, and pending eviction case court action public access limited.
Runs 1 hour, 10 minutes.

Show Full Schedule Agenda:

This meeting is held in accordance to House Rule 10.01
https://www.house.leg.state.mn.us/cco/rules/permrule/permrule.asp

1. HF 450 (Richardson): Right to counsel provided in public housing eviction actions
2. HF 1060 (Agbaje): establishing procedures for eviction and tenant screening reports
3. HF 398 (Her): Residential lease implied covenants amended, tenant remedies against landlords for repairs provided, and tenant allowed to request emergency repairs at court.
4. HF 399 (Her): Landlords prohibited fees expanded, and landlord entry restricted and improper entry fees amended.
5. HF 400 (Her): terminating lease based on infirmity of tenant
6. HF 835 (Her): Eviction due to nonpayment of rent notice requirements created, eviction case court file discretionary and mandatory eligibility expanded, rental discrimination prohibited based on tenant's public housing assistance receipt, and pending eviction case court action public access limited.

*PLEASE NOTE: If we are unable to complete the entire agenda by 10 am, the committee will recess and reconvene @ 5 pm to finish the agenda.*

**Agenda items may be added, deleted and/or taken in any order.

**If you are interested in providing written testimony, oral testimony, or a handout, please email the Committee Administrator and copy the Committee Legislative Assistant by 5 pm the day before the hearing to get instructions.

CA: Rachel.Ganani@house.mn
CLA: Anna.Borgerding@house.mn

This remote hearing may be viewed via the House webcast schedule page: https://www.house.leg.state.mn.us/htv/schedule.asp

NOTE: HTV 1 and HTV 2 will provide live closed captioning. Video archives of meetings streamed on HTV 3, 4, and 5 will have closed captions added. Other reasonable accessibility accommodations may be made with advance notice.

If you have questions about the accessibility of remote hearings or require an accommodation, please contact Jenny Nash at: jenny.nash@house.mn or by leaving a message at 651-296-4122. Please do not contact Jenny with questions about the substance of the meeting agenda. If you have questions regarding the substance of the agenda, please contact the Committee Administrator, Rachel Ganani.