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Making a happier home

Published (2/25/2010)
By Mike Cook
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Help could be on the way for landlords and tenants facing some problems they can’t resolve on their own. The House Civil Justice Committee informally heard four bills on the issue Feb. 24. Rep. Joe Mullery (DFL-Mpls), the committee chairman, said all parties have pledged to continue working together to develop one bill that can be acted upon yet this session.

“This is about creating balance for both sides,” said Larry McDonough, managing attorney in the housing unit at the Legal Aid Society of Minneapolis.

The four bills are:

HF2668, sponsored by Mullery, which includes modifying expungement procedures in eviction cases and providing rights to tenants of foreclosed properties;

HF2816, sponsored by Rep. Jeff Hayden (DFL-Mpls), that would modify utilities and eviction provisions and permit lease termination due to medical reasons;

HF2829, sponsored by Rep. Bobby Joe Champion (DFL-Mpls), that includes unit access to a personal representative of a deceased tenant; and

HF2985, sponsored by Rep. Karen Clark (DFL-Mpls), that includes a prohibition on rent late fee penalties unless a written agreement provides for such fees, and language to permit a tenant to make emergency repairs and deduct those costs from their rent if the tenant has provided at least 48 hours notice to the landlord of the emergency.

HOME Line, a statewide tenant advocacy organization, has proposed a 10-item Tenants’ Bill of Rights, which includes the right to a warm home and the right to fair treatment if a landlord goes into foreclosure.

“Everything we propose, most landlords do already. We just want to raise the bar and make sure we’re providing proper homes for tenants in Minnesota,” said Michael Dahl, the organization’s public policy director.

Among the provisions in Mullery’s bill is a requirement that landlords provide a functioning heating system, and it sets minimum standards for the degree of heat the system must provide during winter months.

“We think this is unwieldy for a number of reasons,” said Jack Horner, general counsel and chief lobbyist for the Minnesota Multi Housing Association.” This puts into state law a legal ability of a tenant to simply determine for himself that the building, that his apartment, is not 68 degrees, whether he’s left the windows open or whatever reason, and withhold the rent.”

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