(a) If the superintendent's response indicates that the manager has been convicted of a background check crime defined in section 299C.67, subdivision 2, paragraph (a), the owner may not hire the manager or, if the manager was hired pending completion of the background check, shall terminate the manager's employment. Except as provided in paragraph (c), if an owner otherwise knows that a manager has been convicted of a background check crime defined in section 299C.67, subdivision 2, paragraph (a), the owner shall terminate the manager's employment.
(b) If the superintendent's response indicates that the manager has been convicted of a background check crime defined in section 299C.67, subdivision 2, paragraph (b), the owner may not hire the manager unless more than ten years have elapsed since the date of discharge of the sentence. If the manager was hired pending completion of the background check, the owner shall terminate the manager's employment unless more than ten years have elapsed since the date of discharge of the sentence. Except as provided in paragraph (c), if an owner otherwise knows that a manager has been convicted of a background check crime defined in section 299C.67, subdivision 2, paragraph (b), the owner shall terminate the manager's employment unless more than ten years have elapsed since the date of discharge of the sentence.
(c) If an owner knows that a manager hired before July 1, 1995, was convicted of a background check crime for an offense committed before July 1, 1995, the owner may continue to employ the manager. However, the owner shall notify all tenants and prospective tenants whose dwelling units would be accessible to the manager of the crime for which the manager has been convicted and of the right of a current tenant to terminate the tenancy under this paragraph, if the manager was convicted of a background check crime defined in:
(1) section 299C.67, subdivision 2, paragraph (a); or
(2) section 299C.67, subdivision 2, paragraph (b), unless more than ten years have elapsed since the sentence was discharged.
Notwithstanding a lease provision to the contrary, a current tenant who receives a notice under this paragraph may terminate the tenancy within 60 days of receipt of the notice by giving the owner at least 14 days' advance notice of the termination date.
(d) The owner shall notify the manager of any action taken under this subdivision.
(e) If an owner is required to terminate a manager's employment under paragraph (a) or (b), or terminates a manager's employment in lieu of notifying tenants under paragraph (c), the owner is not liable under any law, contract, or agreement, including liability for unemployment insurance claims, for terminating the manager's employment in accordance with this section. Notwithstanding a lease or agreement governing termination of the tenancy, if the manager whose employment is terminated is also a tenant, the owner may terminate the tenancy immediately upon giving notice to the manager. An eviction action to enforce the termination of the tenancy must be treated as a priority writ under sections 504B.321; 504B.335; 504B.345, subdivision 1; 504B.361, subdivision 2; and 504B.365, subdivision 2.
1995 c 226 art 4 s 16; 1999 c 199 art 2 s 9; 2004 c 206 s 52
Structure Minnesota Statutes
Chapters 299A - 299N — Public Safety
Chapter 299C — Bureau Of Criminal Apprehension
Section 299C.01 — Criminal Bureau.
Section 299C.03 — Superintendent; Rules.
Section 299C.05 — Crime Data Collection.
Section 299C.06 — Division Powers And Duties; Cooperation.
Section 299C.063 — Bomb Disposal Expense Reimbursement.
Section 299C.065 — Undercover Buy Fund; Witness And Victim Protection.
Section 299C.066 — Crime Information Reward Fund.
Section 299C.07 — Restoration Or Disposal Of Stolen Property.
Section 299C.08 — Oath Of Superintendent And Employees.
Section 299C.09 — System For Identifying Criminals; Record, Index.
Section 299C.091 — Criminal Gang Investigative Data System.
Section 299C.093 — Database Of Registered Predatory Offenders.
Section 299C.095 — System For Identifying Juvenile Offenders.
Section 299C.10 — Identification Data Required.
Section 299C.105 — Dna Data Required.
Section 299C.106 — Sexual Assault Examination Kit Handling.
Section 299C.11 — Identification Data Furnished To Bureau.
Section 299C.111 — Suspense File Reporting.
Section 299C.115 — Warrant Information Provided To State.
Section 299C.12 — Record Kept By Peace Officer; Report.
Section 299C.13 — Information Furnished To Peace Officer.
Section 299C.14 — Information On Released Prisoner.
Section 299C.145 — Distinctive Physical Mark Identification System.
Section 299C.15 — Cooperation; Criminal Identification Organizations.
Section 299C.155 — Standardized Evidence Collection; Dna Analysis.
Section 299C.157 — Forensic Laboratories; Accreditation.
Section 299C.16 — Information Broadcast To Peace Officers.
Section 299C.17 — Report By Court Administrator.
Section 299C.18 — Bureau Operations Report.
Section 299C.21 — Penalty On Local Officer Refusing Information.
Section 299C.22 — Security Guard; Discharge Of Firearm; Report.
Section 299C.23 — Continuing Education Fee; Appropriation.
Section 299C.25 — Scrap Metal Dealers; Educational Materials.
Section 299C.35 — Bureau To Broadcast Criminal Information.
Section 299C.37 — Police Communication Equipment; Use, Sale.
Section 299C.38 — Priority Of Police Communications; Misdemeanor.
Section 299C.40 — Comprehensive Incident-based Reporting System.
Section 299C.405 — Subscription Service.
Section 299C.46 — Criminal Justice Data Communications Network.
Section 299C.48 — Connection By Authorized Agency; Fee, Appropriation.
Section 299C.50 — Transfer Of Functions.
Section 299C.52 — Minnesota Missing Children And Endangered Persons Program.
Section 299C.53 — Missing Persons Report; Duties Of Commissioner And Law Enforcement Agencies.
Section 299C.535 — Request For Additional Information On Missing Person.
Section 299C.54 — Missing Children Bulletin.
Section 299C.56 — Release Of Medical Data.
Section 299C.565 — Missing Person Report.
Section 299C.5655 — Missing Persons; Standardized Reports And Procedures.
Section 299C.582 — Powers With Relation To Compact.
Section 299C.61 — Definitions.
Section 299C.62 — Background Check.
Section 299C.63 — Exception; Other Laws.
Section 299C.64 — Bureau Immunity.
Section 299C.65 — Information Advisory Group.
Section 299C.67 — Definitions.
Section 299C.68 — Background Check On Residential Building Manager.
Section 299C.69 — Owner Duties If Manager Convicted Of Crime.
Section 299C.71 — Bureau Immunity.
Section 299C.72 — Minnesota Criminal History Checks.
Section 299C.75 — Background Checks; Indian Tribes.
Section 299C.76 — Background Check; Access To Federal Tax Information.
Section 299C.80 — Independent Use Of Force Investigations Unit.