Anoka County Housing Court Clinic Overview
Anoka County Housing Court Clinic provides services for eviction cases, offering support to both tenants and landlords. The clinic follows specific processes and guidelines to ensure fair assistance to those in need, including legal aid, financial support, and mediation services. Clients with hearings are given priority, and income guidelines are set for different levels of support. The clinic aims to help individuals facing eviction navigate the legal process effectively and access necessary resources.
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ANOKA COUNTY HOUSING COURT CLINIC NEW VOLUNTEER TRAINING AND EVICTION EXPUNGEMENT BASICS March 10, 2020
Clinic Overview Clinic Processes/Procedures Eviction Expungement Impact AGENDA Standards Process Questions/Feedback
ANOKA COUNTY HOUSING CLINIC OVERVIEW On-site services available at every Anoka County eviction (first appearance) calendar: Legal: VLN and CMLS (Central Minnesota Legal Services) or Judicare of Anoka County Financial: Anoka County Emergency Assistance Mediation: Mediation and Restoratives Services (MARS) Eviction calendars are every Monday and Wednesday, starting at 8:30am
Clients with hearing that day given preference Clinic data sheet 300% of income guidelines for clinic services 125% of income guidelines for full representation Client fills out the front/Attorney fills out the back CLINIC PROCESS Tenants and Landlords Landlords must (1) be evicting from owner- occupied premises and (2) meet income guidelines with rental income included
THE ADVICE SESSION Lay the foundation: Advice/limited services clinic Confidential Explain what you are doing (screening for defenses, describing process and answering questions) Review the underlying paperwork
RESOURCES Computer/Printer with internet access MPA Courthouse VLN File box with printed resources (Please let us know if there are other resources you need!) Legal Aid/Judicare attorney on-site Call VLN
WHAT TO DO WHEN IT FEELS LIKE THERE S NOTHING YOU CAN DO! Advise what happens next: Hearing process Can ask for up to 7 days to move or redeem How and when the writ will be issued and executed Refer client to other on-site resources. Prospective issues: Repairs, security deposit returns, AG s Landlord/Tenant Handbook
SETTLEMENT AGREEMENT TERMS Payment arrangements Move out date Repairs to be done by landlord Expungement Provision Caption Change Positive/neutral rental references Practice Tip: Stress the importance of meeting deadlines listed in the settlement agreement: Missing deadlines, even by a short period of time, can result in automatic issuance of the writ without additional notice to the tenant.
THE IMPACT OF AN EVICTION An eviction permanently attaches to a tenant s record as soon as filed, regardless of the outcome. Reported by tenant screening agencies for 7 years, but Court records available indefinitely Low vacancy rates in rental housing Disparate impact: 2016 study showed that 50% of residents in two zip codes (55411 & 55412) experienced an eviction in the previous three years 10 property owners made up over 25% of all eviction filings* *Evictions in Minneapolis (2016), Minneapolis Innovation Team, available at: http://innovateminneapolis.com/documents/Evictions%20in%20Minneapolis%20 Report.pdf
EXPUNGEMENT WITHOUT A SEPARATE MOTION Evictions can be expunged at the initial appearance hearing Request by tenant/counsel when it is dismissed Settlement Agreement between the parties Affidavit of Compliance Initiated by Landlord or Tenant? Caption change Agree to not dispute future expungement Automatic
THREE LEGAL STANDARDS FOR EVICTION EXPUNGEMENT BY MOTION Mandatory Authority Statutory Authority Common Law/Inherent Authority
Minn. Stat. 484.014, subd. 3 The court shall order expungement of an eviction case commenced solely on the grounds provided in section 504B.285, subdivision 1, clause (1), if the court finds that the defendant occupied real property that was subject to contract for deed cancellation or mortgage foreclosure and: MANDATORY AUTHORITY (1) the time for contract cancellation or foreclosure redemption has expired and the defendant vacated the property prior to commencement of the eviction action; or (2) the defendant was a tenant during the contract cancellation or foreclosure redemption period and did not receive a notice under section 504B.285, subdivision 1a, 1b, or 1c, to vacate on a date prior to commencement of the eviction case.
STATUTORY AUTHORITY Minn. Stat. 484.014, subd. 2 The court may order expungement of an eviction case court file . . . [If] the plaintiff s case is sufficiently without basis in fact or law . . . that expungement is clearly in the interests of justice and those interests are not outweighed by the public s interest in knowing about the record. Three part test: Are the interests of justice outweighed by the public s interest in knowing about the record? Is the expungement within the interests of justice? Is the case sufficiently without basis in fact or law?
Without Basis in Fact or Law Looking for jurisdictional, procedural or substantive defects. Improper service Inappropriate plaintiff Serious habitability issues Breach of lease Other defenses to eviction STATUTORY AUTHORITY
State v. C.A. 304 N.W.2d 353 (Minn. 1981) The test is whether expungement will yield a benefit to the moving party commensurate with the disadvantages to the public from the elimination of the record and the burden on the court in issuing, enforcing, and monitoring an expungement order. Minn. Stat. 504B.345 subd.1(c)(2) - amended in 2014 COMMON LAW - INHERENT AUTHORITY [T]he court may expunge the [eviction] records under the court's inherent authority at the time judgment is entered or after that time upon motion of the defendant. *But see At Home Apts. v. D.B., 2019 WL 178509 (Minn. Ct. App. 2019)
MN DISTRICT COURT DOCUMENT RETENTION POLICY Unlawful Detainers may be destroyed after one year if no money judgement is ordered. Source: http://mncourts.gov/mncourtsgov/media/scao_library/MN-District-Court-Record-Retention- Schedule.pdf
FACTORS CONSIDERED UNDER INHERENT AUTHORITY At Home Apartments, LLC v. D.B., 2019 WL 178509 (Minn. Ct. App. Jan. 14, 2019) (Connolly, J., concurring). Minneapolis Public Housing Authority v. REDACTED, No. 27- CV-HC-13-4766 (Minn. Dist. Ct. June 2, 2014). Whether any backed-rent is owed, how must is owed, and if there is a payment plan in place though I do not believe that an expungement should be automatically denied solely because nay rent owing has not been paid, Tenant s eviction history, Reason for non-payment, Length of time since the last eviction, Was there a material breach of lease, Number of evictions with the same landlord; and The term of the lease. How long the tenant resided at the premises; The tenant s history of timely rent payments; The tenant s reason for any failures to make timely rent payments; Whether there have been other evictions filed against the tenant; or Any injustices that may arise from the housing market s treatment of the eviction record.
ADDITIONAL FACTORS AFFECTING THE OUTCOME Was a writ ultimately issued or did the client leave willingly? Dismissal or judgment in client s favor Settlement Agreement satisfied? Rent still owed to the landlord? Did the client continue to rent from the landlord after the eviction? What has the tenant done in the time since the eviction and now? What are the tenant s circumstances today? Lack of opposition by landlord to the motion
THE PROCESS: DRAFTING Search Draft Motion Draft IFP Proposed Order Run a name search in MNCIS/MPA Watch for multiple evictions One motion for each eviction One IFP for each eviction Multiple tenants? Include a Proposed Order with all documents for filing
THE PROCESS: FILING AND SERVICE Get Hearing Date File Serve File One Motion, IFP and Order for each eviction Will be assigned at the filing desk 14 days prior to the hearing date. Can be sent regular mail by tenant Signed Affidavits of Service at least three days prior to the hearing
CONTACT INFORMATION: Becky Beerling 612-752-XXXX Becky.Beerling@VLNMN.org Muria Kruger 612-752-6647 Muria.Kruger@VLNMN.org VLN New Client Intake: 612-752-6677
