Subdivision 1. Disclosures required. (a) Upon request and proper identification, a residential tenant screening service must disclose the following information to an individual:
(1) the nature and substance of all information in its files on the individual at the time of the request; and
(2) the sources of the information.
(b) A residential tenant screening service must make the disclosures to an individual without charge if information in a residential tenant report has been used within the past 30 days to deny the rental or increase the security deposit or rent of a residential housing unit to the individual. If the residential tenant report has not been used to deny the rental or increase the rent or security deposit of a residential housing unit within the past 30 days, the residential tenant screening service may impose a reasonable charge for making the disclosure required under this section. The residential tenant screening service must notify the residential tenant of the amount of the charge before furnishing the information. The charge may not exceed the amount that the residential tenant screening service would impose on each designated recipient of a residential tenant report, except that no charge may be made for notifying persons of the deletion of information which is found to be inaccurate or which can no longer be verified.
(c) Files maintained on a residential tenant must be disclosed promptly as established in paragraphs (1) to (4).
(1) A residential tenant file must be disclosed in person, during normal business hours, at the location where the residential tenant screening service maintains its files, if the residential tenant appears in person and furnishes proper identification at that time.
(2) A residential tenant file must be disclosed by mail, if the residential tenant makes a written request with proper identification for a copy of the information contained in the residential tenant report and requests that the information be sent to a specified address. A disclosure made under this paragraph shall be deposited in the United States mail, postage prepaid, within five business days after the written request for disclosure is received by the residential tenant screening service. A residential tenant screening service complying with a request for disclosure under this paragraph shall not be liable for disclosures to third parties caused by mishandling mail, provided that the residential tenant file information is mailed to the address specified by the residential tenant in the request.
(3) A summary of the information in a residential tenant file must be disclosed by telephone, if the residential tenant has made a written request with proper identification for telephone disclosure.
(4) Information in a residential tenant's file required to be disclosed in writing under this subdivision may be disclosed in any other form including electronic means if authorized by the residential tenant and available from the residential tenant screening service.
Subd. 2. Corrections. If the completeness or accuracy of an item of information contained in an individual's file is disputed by the individual, the residential tenant screening service must reinvestigate and record the current status of the information. If the information is found to be inaccurate or can no longer be verified, the residential tenant screening service must delete the information from the individual's file and residential tenant report. At the request of the individual, the residential tenant screening service must give notification of the deletions to persons who have received the residential tenant report within the past six months.
Subd. 3. Explanations. The residential tenant screening service must permit an individual to explain any eviction report or any disputed item not resolved by reinvestigation in a residential tenant report. The explanation must be included in the residential tenant report. The residential tenant screening service may limit the explanation to no more than 100 words.
Subd. 4. Court file information. If a residential tenant screening service includes information from a court file on an individual in a residential tenant report, the report must provide the full name and date of birth of the individual in any case where the court file includes the individual's full name and date of birth, and the outcome of the court proceeding must be accurately recorded in the residential tenant report including the specific basis of the court's decision, when available. If a tenant screening service knows that a court file has been expunged, the tenant screening service shall delete any reference to that file in any data maintained or disseminated by the screening service. Whenever the court supplies information from a court file on an individual, in whatever form, the court shall include the full name and date of birth of the individual, if that is indicated on the court file or summary, and information on the outcome of the court proceeding, including the specific basis of the court's decision, coded as provided in subdivision 5 for the type of action, when it becomes available. The residential tenant screening service is not liable under section 504B.245 if the residential tenant screening service reports complete and accurate information as provided by the court.
Subd. 5. Eviction action coding. The court shall indicate on the court file or any summary of a court file the specific basis of the court's decision in an eviction action according to codes developed by the court that, at a minimum, indicates if the basis of the court's decision is nonpayment of rent, a violation of the covenants under section 504B.161 or 504B.171, other breach of a lease agreement, or a counterclaim for possession of the premises under section 504B.385.
1999 c 199 art 1 s 29,74; 1999 c 229 s 2
Structure Minnesota Statutes
Chapters 500 - 515B — Property And Property Interests
Chapter 504B — Landlord And Tenant
Section 504B.001 — Definitions.
Section 504B.101 — Distress For Rent.
Section 504B.111 — Written Lease Required; Penalty.
Section 504B.113 — Service And Support Animal Documentation.
Section 504B.115 — Tenant To Be Given Copy Of Lease.
Section 504B.116 — Prorated Rent Required.
Section 504B.118 — Receipt For Rent Paid In Cash.
Section 504B.121 — Tenant May Not Deny Title; Exception.
Section 504B.125 — Person In Possession Liable For Rent; Evidence.
Section 504B.131 — Rent Liability; Uninhabitable Buildings.
Section 504B.135 — Terminating Tenancy At Will.
Section 504B.141 — Urban Real Estate; Holding Over.
Section 504B.145 — Restriction On Automatic Renewals Of Leases.
Section 504B.146 — Lease Duration Notice.
Section 504B.147 — Time Period For Notice To Quit Or Rent Increase.
Section 504B.155 — Tenant Must Give Cold Weather Notice Before Vacation Of Building.
Section 504B.161 — Covenants Of Landlord Or Licensor.
Section 504B.165 — Unlawful Destruction; Damages.
Section 504B.171 — Covenant Of Landlord And Tenant Not To Allow Unlawful Activities.
Section 504B.172 — Recovery Of Attorney Fees.
Section 504B.173 — Applicant Screening Fee.
Section 504B.175 — Prelease Deposit.
Section 504B.181 — Landlord Or Agent Disclosure.
Section 504B.185 — Inspection; Notice.
Section 504B.195 — Disclosure Required For Outstanding Inspection And Condemnation Orders.
Section 504B.204 — Action For Rental Of Condemned Residential Premises.
Section 504B.205 — Residential Tenant's Right To Seek Police And Emergency Assistance.
Section 504B.206 — Right Of Victims Of Violence To Terminate Lease.
Section 504B.211 — Residential Tenant's Right To Privacy.
Section 504B.215 — Billing; Loss Of Services.
Section 504B.221 — Unlawful Termination Of Utilities.
Section 504B.225 — Intentional Ouster And Interruption Of Utilities; Misdemeanor.
Section 504B.231 — Damages For Ouster.
Section 504B.235 — Definitions.
Section 504B.241 — Residential Tenant Reports; Disclosure And Corrections.
Section 504B.245 — Tenant Report; Remedies.
Section 504B.251 — Recording Of Notice Of Cancellation Of Leases.
Section 504B.255 — Termination Notice Requirement For Federally Subsidized Housing.
Section 504B.261 — Pets In Subsidized Disability Accessible Rental Housing Units.
Section 504B.265 — Termination Of Lease Upon Death Of Tenant.
Section 504B.271 — Tenant's Personal Property Remaining In Premises.
Section 504B.275 — Attorney General's Statement; Distribution.
Section 504B.281 — Forcible Entry And Unlawful Detainer Prohibited.
Section 504B.285 — Eviction Actions; Grounds; Retaliation Defense; Combined Allegations.
Section 504B.291 — Eviction Action For Nonpayment; Redemption; Other Rights.
Section 504B.301 — Eviction Action For Unlawful Detention.
Section 504B.305 — Notice Of Seizure Provision.
Section 504B.311 — No Eviction Action If Tenant Holds Over For Three Years.
Section 504B.315 — Restrictions On Eviction Due To Familial Status.
Section 504B.321 — Complaint And Summons.
Section 504B.325 — Expedited Relief.
Section 504B.331 — Summons; How Served.
Section 504B.335 — Answer; Trial.
Section 504B.341 — Continuance Of Trial.
Section 504B.345 — Judgment; Execution.
Section 504B.351 — Failure Of Jury To Reach A Verdict.
Section 504B.355 — Form Of Verdict.
Section 504B.361 — Forms Of Summons And Writ.
Section 504B.365 — Execution Of The Writ Of Recovery Of Premises And Order To Vacate.
Section 504B.375 — Unlawful Exclusion Or Removal; Action For Recovery Of Possession.
Section 504B.381 — Emergency Tenant Remedies Action.
Section 504B.385 — Rent Escrow Action To Remedy Violations.
Section 504B.391 — Violations Of Building Repair Orders.
Section 504B.431 — Service Of Judgment.
Section 504B.435 — Landlord's Right To Collect Rent Suspended.
Section 504B.441 — Residential Tenant May Not Be Penalized For Complaint.
Section 504B.445 — Administrator.
Section 504B.451 — Receivership Revolving Loan Fund.
Section 504B.455 — Removal Of Administrator.
Section 504B.461 — Termination Of Administration.