MN Eviction Moratorium Overview
Comprehensive overview of the Minnesota session laws concerning eviction moratorium phaseout, including key details on material breach of lease eviction cases and defenses. Learn about the impact of Executive Orders 20-14, 20-73, and 20-79, and understand the criteria for lease termination and non-renewal. Get insights from legal experts Rachael Sterling and Lawrence McDonough.
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Presentation Transcript
Tenant Hotline Phone: 612-728-5767 Online: homelinemn.org/email MN Eviction Off-Ramp Overview July 15, 2021 12:00-1:30pm COVID-19 Eviction Response Coordinator & Housing Attorney, HOME Line Rachael Sterling Senior Minnesota Counsel, Lawyers' Committee for Civil Rights Under Law Larry McDonough
Presenters Rachael Sterling Attorney at Law COVID-19 Eviction Response Coordinator & Housing Attorney HOME Line (612) 255-8859 rachaels@homelinemn.org https://homelinemn.org/staff/rachael-sterling/ Lawrence McDonough Attorney at Law Adjunct Professor of Law, University of Minnesota School of Law Senior Minnesota Counsel, Lawyers' Committee for Civil Rights Under Law 651-398-8053 mcdon056@umn.edu http://povertylaw.homestead.com/Biolarrymcdonough.html
Agenda Section breakdown of Minnesota Session Laws 2021, 1st Special Session, Chapter 8 H. F. No. 4, Article V AKA The Off-ramp or Eviction Moratorium Phaseout Eviction Basics Material Breach of lease eviction cases Defining material breach Material breach defenses
The Eviction Moratorium Phaseout An overview
Section 1 Executive Orders 20-14, 20-73, and 20-79 Void Nullifies the previous and current eviction moratorium executive orders the day following enactment of the bill EOs 20-14, 20-73, 20-79 Day after enactment = June 30, 2021 June 30, 2021
Section 2 Eviction Moratorium Phaseout Subdivision (a) - "COVID-19 emergency rental assistance program definition statutory protections only apply the federal rental assistance programs authorized under the federal Consolidated Appropriations Act, 2021, Public Law 116-260, or the federal American Rescue Plan Act, 2021, Public Law 117-2 , e.g. Rent Help MN, Zero Balance Project, etc.
Section 2 Lease Termination and Non-Renewal Subdivision (b)(1) Lease termination and non-renewal 6/30/2021 6/30/2021: terminations/non-renewals allowed if: Tenant requests the termination/non-renewal Tenant is seriously endangering the safety of others Tenant is significantly damaging property Violating Minn. Stat. 504B.171 (illegal activity) Material lease violation EXCEPT NON-PAYMENT OF RENT Material lease violation not defined in statute has been defined in case lase as being an act that violates a key/important/integral part of the contract
Section 2 Lease Termination and Non-Renewal Cont. 8/13/2021 8/13/2021: Non-renewal and lease terminations allowed for non-payment of if the tenant is NOT ELIGIBLE for the COVID- 19 emergency rental assistance program 10/12/2021: 10/12/2021: most lease terminations or non-renewals allowed EXCEPT for tenants with pending COVID-19 emergency rental assistance program applications for non-payment
Section 2 Evictions Subdivision (b)(2) Evictions 6/30/2021 6/30/2021: Evictions only allowed if: Tenant seriously endangers the safety of others Tenant significantly damages property Violations of Minn. Stat. 504B.171 (illegal activity) 7/14/2021 7/14/2021: Evictions allowed if tenant materially violates the lease (EXCEPT NON-PAYMENT OF RENT) Lease must contain a right of reentry clause 9/12/2021 9/12/2021: filing eviction actions for non-payment of rent are allowed so long as the tenant is NOT ELIGIBLE for the COVID-19 emergency rental assistance program.
Section 2 Manufactured Homes Subdivision (b)(3) manufactured home evictions and rental agreement terminations 6/30/2021 6/30/2021:Termination and eviction only allowed if: Tenant violates local or state ordinance/law relating to manufactured homes Tenant endangers the safety of other residents or park personnel 30 day written notice to vacate required
Section 2 Secured Parties Subdivision (b)(4) restrictions on secured parties Delivery of Default notices on manufactured homes by secured parties is not allowed for until 10/12/2021 10/12/2021 A secured party may not seek a court order to remove an occupant from a manufactured home for until 10/12/2021 10/12/2021
Section 2 Tenant refusal to participate Subdivision (c) Tenant refusal to participate in COVID-19 emergency rental assistance program 6/30/2021: 6/30/2021: Filing eviction actions against tenants who are ELIGIBLE for assistance through the COVID-19 emergency rental assistance program but REFUSE to either: apply for said assistance themselves, give the landlord needed information for them to apply on the tenant s behalf, or provide proof that they applied for assistance through the program
Section 2 Retained Rights and Obligations Subdivision (d) Keeps abandoned property rules the same (see 504B.271) No changes to how writs of recovery are handled (see 504B.365) Specifies that Section 2 does not reduce the amount of rent owed by any tenant, or the amount of rent in arrears states that the landlord is not prevented from collecting the rent owed States that the section does not prevent a tenant who is ineligible for COVID-19 emergency rental assistance from applying or obtaining assistance through other programs Section 2 is effective 6/30/2021 Section 2 expires 10/12/2021 6/30/2021 10/12/2021
Section 3 COVID-19 Emergency Rental Assistance Notification Subdivision (a) Pre-eviction Notice Before filing an eviction for non-payment of rent a landlord must give their tenant a notice that includes: A statement that the state eviction moratorium has ended and that the tenant may soon by subject to an eviction action The total amount of past due rent A statement that the tenant may be eligible for financial assistance through renthelpmn.org or 211 Must be given at least 15 days 15 days before a landlord files an eviction Must be in writing
Section 3 Improper Notice Subdivision (3)(b) If notice is improper Court may stay an eviction proceeding until proper notice is provided Subdivision (3)(c) Substantial compliance by landlord good enough A lack of strict compliance with the notice requirements is NOT NOT A defense to an action brought under chapter 504B grounds for dismissal Section 3 is effective Section 3 expires expires 10/12/2021 effective 6/30/2021 6/30/2021 10/12/2021
Section 4 Evictions; Pending Applications for Rental Assistance A landlord may not may not file an eviction for nonpayment of rent against a tenant who has a pending application for assistance through the Consolidated Appropriations Act, 2021 or the American Rescue Plan Act, 2021 A tenant must provide must provide the landlord or the court with proof of a pending application AND reason for any delay in processing their application for assistance if they reasonably have access to that information. Section 4 is effective Section 4 expires 6/1/2022 expires 6/1/2022 effective 6/30/2021 6/30/2021
Phase 2 July 14, 2021 Phase 3 Aug. 13, 2021 Phase 4 Sept. 12, 2021 Phase 5 Oct. 12, 2021 Phase 6 June 1, 2022 Phase 1 June 30, 2021 Landlords can file evictions and terminate leases when: tenant seriously endangers the safety of others, tenant significantly damages property, tenant allows illegal activity on premises (504B.171 Subd. 1). Manufactured home residents fail to comply with manufactured home related laws. Landlords can terminate/non-renew leases for: material violations of the lease other than nonpayment of rent. Landlords can file evictions for: Tenants who owe rent and refuse to apply for the COVID-19 emergency rental assistance. Tenants who owe rent and refuse to give their landlord info needed to apply for the COVID-19 emergency rental assistance. Tenants who owe rent and refuse to provide proof that they applied for the COVID-19 emergency rental assistance. Landlords can terminate leases and not renew leases of tenants behind on rent and ineligible for COVID-19 emergency rental assistance. Landlords can file evictions for material lease violations. Landlords can file evictions for tenants behind on rent who are ineligible for COVID-19 emergency rental assistance. Most off-ramp protections end this day Protections for tenants with pending applications with COVID-19 emergency rental assistance expire on June 1, 2022 Landlords can end a lease for any legal reason with appropriate notice under the lease Landlord cannot file evictions for non-payment of rent. Landlords can file evictions for any legal reason EXCEPT non- payment of rent evictions for tenants who have a pending COVID-19 emergency rental assistance application
COVID-19 Emergency Rental Assistance Programs Zero Balance Project https://housinglink.org/List/emergency-rental- assistance RentHelpMN.org / 2 RentHelpMN.org / 2- -1 1- -1 1
