Amendment scs1470a-9

scs1470a-9 scs1470a-9

1.1Senator Draheim moved to amend S.F. No. 1470 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [12.47] LIMITATION OF POWERS; EVICTION PROCEEDINGS.
1.4Notwithstanding any law to the contrary, an order issued under this chapter prohibiting
1.5or delaying eviction proceedings under chapter 504B is valid for a period not to exceed 30
1.6days. The governor must not extend the order beyond 30 days unless the extension is
1.7approved by a majority vote of each house of the legislature. The governor shall not allow
1.8the order to expire and issue a new order delaying or prohibiting eviction proceedings under
1.9chapter 504B in an effort to avoid obtaining legislative approval for an extension of the
1.10order as provided in this section. An order issued to avoid obtaining legislative approval as
1.11required under this section is null and void.
1.12EFFECTIVE DATE.This section is effective the day following final enactment.

1.13    Sec. 2. EXECUTIVE ORDER 20-79 VOID; EVICTION MORATORIUM ORDERS
1.14TEMPORARILY PROHIBITED.
1.15(a) Notwithstanding Minnesota Statutes, chapter 12, or any other law to the contrary,
1.16Executive Order 20-79 is null and void.
1.17(b) Notwithstanding Minnesota Statutes, chapter 12, or any law to the contrary, the
1.18governor is prohibited from issuing an order prohibiting or delaying eviction proceedings
1.19under Minnesota Statutes, chapter 504B, for 30 days following the enactment of this act.
1.20EFFECTIVE DATE.This section is effective the day following final enactment.

1.21    Sec. 3. EVICTION MORATORIUM PHASEOUT.
1.22(a) Notwithstanding any law to the contrary, the following actions are prohibited:
1.23(1) termination or nonrenewal of residential leases, except:
1.24(i) at the request of a tenant or where the termination is due to the tenant seriously
1.25endangering the safety of others or significantly damaging property;
1.26(ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1;
1.27(iii) termination and nonrenewal of residential leases are permitted for material violations
1.28of the lease other than nonpayment of rent; and
2.1(iv) from and after 30 days after the date of enactment of this act, termination and
2.2nonrenewal of leases are permitted for those with outstanding rent, but who are ineligible
2.3for rental assistance through the COVID-19 emergency rental assistance program;
2.4(2) filing of eviction actions under Minnesota Statutes, section 504B.285 or 504B.291,
2.5except:
2.6(i) where the tenant seriously endangers the safety of others or significantly damages
2.7property;
2.8(ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1;
2.9(iii) from and after 30 days after the date of enactment of this act, eviction actions are
2.10permitted for material violations of the lease other than nonpayment of rent; and
2.11(iv) from and after 60 days after the date of enactment of this act, eviction actions are
2.12permitted for those with outstanding rent, but who are ineligible for rental assistance through
2.13the COVID-19 emergency rental assistance program;
2.14(3) termination of a residential rental agreement or filing an eviction action under
2.15Minnesota Statutes, section 327C.09, except for terminations or eviction actions under
2.16Minnesota Statutes, section 327C.09, subdivision 3, or under Minnesota Statutes, section
2.17327C.09, subdivision 5, if the case is based on the resident endangering the safety of other
2.18residents or park personnel; and
2.19(4) delivery of default notices by owners of security interests in manufactured homes
2.20located in Minnesota pursuant to Minnesota Statutes, section 327.64. A secured party is
2.21also prohibited from commencing an action for a court order to remove an occupant from
2.22a manufactured home.
2.23(b) Notwithstanding paragraph (a), a landlord may file an eviction action against a tenant:
2.24(1) who is eligible for assistance through the COVID-19 emergency rental assistance
2.25program; and
2.26(2) refuses to apply for assistance through the program, refuses to provide information
2.27needed by the landlord to apply for assistance on the tenant's behalf, or refuses to provide
2.28the landlord with proof that the tenant applied for assistance through the program.
2.29(c) Within 15 days of the date of enactment of this act, a landlord is encouraged to share
2.30the following with all tenants in arrears over 30 days:
2.31(1) the total amount due;
3.1(2) the availability of any financial assistance programs for which the tenant may be
3.2eligible; and
3.3(3) information about documents required by the city, county, state, or other entity to
3.4receive financial assistance.
3.5(d) Nothing in this section shall:
3.6(1) prohibit an action where the tenant or occupant abandons the premises and relief is
3.7sought under Minnesota Statutes, section 504B.271 or 504B.365;
3.8(2) reduce the rent owed by the tenant to the landlord, prevents the landlord from
3.9collecting rent owed, or reduces arrears owed by a tenant for rent; or
3.10(3) prohibit a tenant who is ineligible for assistance through the COVID-19 emergency
3.11rental assistance program from applying for or obtaining rental assistance through other
3.12programs.
3.13(e) This section expires 90 days after the date of enactment of this act.
3.14EFFECTIVE DATE.This section is effective the day following final enactment.

3.15    Sec. 4. EVICTIONS; PENDING APPLICATIONS FOR RENTAL ASSISTANCE.
3.16Notwithstanding any law to the contrary, including section 3, the filing of an eviction
3.17action based on nonpayment of rent against a tenant with a pending application for assistance
3.18through the COVID-19 emergency rental assistance program is prohibited. This section
3.19expires June 1, 2022.
3.20EFFECTIVE DATE.This section is effective the day following final enactment."
3.21Amend the title accordingly
3.22The motion prevailed. #did not prevail. So the amendment was #not adopted.