Bill Text: MN HF2251 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Eviction proceedings expungement and disclosure modified.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-04-25 - Author added Johnson, S. [HF2251 Detail]
Download: Minnesota-2013-HF2251-Introduced.html
1.2relating to real property; modifying expungement and disclosure of eviction
1.3proceedings;amending Minnesota Statutes 2012, sections 484.014, subdivision
1.42, by adding a subdivision; 504B.321, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 484.014, subdivision 2, is amended to read:
1.7 Subd. 2.Discretionary Expungement. The court may must order expungement of
1.8an eviction case court fileonly upon motion of a defendant and decision by the court, if
1.9the court finds that the plaintiff's case is sufficiently without basis in fact or law, which
1.10may include lack of jurisdiction over the case, that expungement is clearly in the interests
1.11of justice and those interests are not outweighed by the public's interest in knowing about
1.12the record. Based on the findings of the court:
1.13(1) if in favor of the tenant, the eviction order and court record must not appear on
1.14the tenant's public record, and the tenant must not be held liable for any costs incurred; and
1.15(2) if in favor of the landlord, the eviction order must not be reported to the public
1.16and credit agencies until final disposition of the case as determined by court ruling.
1.17 Sec. 2. Minnesota Statutes 2012, section 484.014, is amended by adding a subdivision
1.18to read:
1.19 Subd. 4. Expungement after three years. (a) Notwithstanding any law to the
1.20contrary, the court must expunge an eviction order three years after the date of the eviction
1.21order.
2.1(b) Notwithstanding any law to the contrary, a landlord is prohibited from
2.2considering an eviction order from a reporting agency or other public record from inside
2.3or outside the state three years after the date of the eviction order.
2.4 Sec. 3. Minnesota Statutes 2012, section 504B.321, is amended by adding a
2.5subdivision to read:
2.6 Subd. 1a. Nonpublic record. An eviction order filed under this section must not be
2.7made public record until final disposition of the case as determined by court ruling under
2.8section 484.014, subdivision 2.
1.3proceedings;amending Minnesota Statutes 2012, sections 484.014, subdivision
1.42, by adding a subdivision; 504B.321, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 484.014, subdivision 2, is amended to read:
1.7 Subd. 2.
1.8an eviction case court file
1.9the court finds that the plaintiff's case is sufficiently without basis in fact or law, which
1.10may include lack of jurisdiction over the case, that expungement is clearly in the interests
1.11of justice and those interests are not outweighed by the public's interest in knowing about
1.12the record. Based on the findings of the court:
1.13(1) if in favor of the tenant, the eviction order and court record must not appear on
1.14the tenant's public record, and the tenant must not be held liable for any costs incurred; and
1.15(2) if in favor of the landlord, the eviction order must not be reported to the public
1.16and credit agencies until final disposition of the case as determined by court ruling.
1.17 Sec. 2. Minnesota Statutes 2012, section 484.014, is amended by adding a subdivision
1.18to read:
1.19 Subd. 4. Expungement after three years. (a) Notwithstanding any law to the
1.20contrary, the court must expunge an eviction order three years after the date of the eviction
1.21order.
2.1(b) Notwithstanding any law to the contrary, a landlord is prohibited from
2.2considering an eviction order from a reporting agency or other public record from inside
2.3or outside the state three years after the date of the eviction order.
2.4 Sec. 3. Minnesota Statutes 2012, section 504B.321, is amended by adding a
2.5subdivision to read:
2.6 Subd. 1a. Nonpublic record. An eviction order filed under this section must not be
2.7made public record until final disposition of the case as determined by court ruling under
2.8section 484.014, subdivision 2.
