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get started I well go ahead and get.started our speaker today is referee.Melissa Hotelling Melissa telling is a.graduate of Hamlin University and.Mitchell Hamlin School of Law she spent.nine years in private practice after.what she decided to follow her dream of.public service by taking a late career.clerkship at the Minnesota Tax Court.followed by serving as Human Services.judge with a Minnesota Department of.Human Services before becoming a full.time fourth Judicial District referee.throughout her career melissa has taught.courses at Hamlin University.Mitchell Hamlin and Bri Hills Community.College and Minnesota CLE she has passed.chair of the st. Paul human rights and.equal economic Economic Opportunity.Commission the Ramsey County Bar.Association family law section and.Minnesota lavender Bar Association.Melissa has also served as a.conciliation court referee in the 4th.and 2nd judicial districts and st. Paul.housing court hearing officer referee.hotelling's current assignment is.presiding over housing harrassment and.petty misdemeanor cases please help me.welcome referee Hotelling thank you.everyone so this afternoon we're going.to talk about housing court I know that.I titled this particular presentation.housing court more than fiction's but we.are going to talk about evictions we're.also going to talk about we're also.going to talk a little bit about.statistics about self represented.individuals mediation those sorts of.things as they evolved for housing court.so as an overview I think sometimes.people don't understand what housing.court is what referees are so I thought.I'd start out by explaining what those.things are there's housing courts in the.4th and 2nd Judicial District so in.Hennepin and Ramsey we are the only.jurisdictions that do have a housing.court we cover issues on a broad range.of topics so when I say more than just.evictions while a majority of our cases.do involve in fiction actions we also.handle cases related to lockouts read.crows emergency tenant remedies actions.tenant remedies actions different.property issues that might arise and.what I think is important to know about.any of these cases is that when the case.gets filed that is when it becomes.public and that's technically when.someone has an eviction on their record.and we're going to talk about that in.just a minute so in 1989 the legislature.established housing courts in Hennepin.and Ramsey counties we are a creature of.statute by four eighty four point zero.one three and the purpose of the.establishment of the housing court was.to make sure that we have efficient and.consistent proceedings as it relates to.landlord tenant actions in those two.jurisdictions now when you go outside of.Hennepin or Ramsey County's you judges.are the ones who are handling housing.court on there or housing matters on.their regular calendars Hennepin County.is the busiest county in terms of.handling housing court matters or.eviction actions and in terms of.eviction actions we handle 5,000 to.6,000 cases each year there are two.referees to view that so myself and then.referee Mark Levine are the two referees.who handle the housing court cases so.and in addition to the housing court.cases I have my harassment and petty.misdemeanor court file so as you can.imagine we keep pretty busy in housing.court and as referees we also have a.very robust staff of housing court staff.who are amazing and help us through.every day to make sure that we're.getting the work done efficiently and.effectively so the vast majority of.cases heard in Hennepin County Housing.court are from Minneapolis and a.majority of the cases we hear are.eviction actions so now turning to sort.of what I do and how I am a referee.so referees here in Two side housing.court matters in housing court but we.also have referees assigned to other.specialized courts so there are referees.and family harrassment petty crimes.juvenile and probate mental health.matters we have our authority via again.statutes enacted by the legislature and.we are appointed by the chief judge of.the district serve in our bowl.referee's make recommended findings.after which they are co-signed and.confirmed by a district court judge we.do not run for election which is what.people always ask we do not have to live.in the jurisdiction where we are.appointed and an appointment is based on.the individual specialized experience.and knowledge of the law also I was.going to say this at the beginning jump.in if you have questions as bad stuff.you probably got flexible but as we move.forward if you have questions jump in I.invite you to ask questions so the.purpose of housing court is to establish.an accessible affordable and efficient.forum for litigants with landlord tenant.disputes as you learn as we move through.this presentation housing court matters.proceed pretty rapidly so typically the.life of a case is about a month from.beginning to end.in fiction actions are what used to be.called unlawful detainers so you still.hear that language used oftentimes.tenants come into court and they say.well I don't want UD on my record.unlawful detainer that's not part of the.statute anymore but it is part of.people's common vernacular in addition.to that last year the Court of Appeals.handed down a case which we're going to.talk about in just a minute where.there's now a distinction between.commercial and residential properties.and how we handle those commercial.properties aren't part of the housing.court consolidation program although.referees still hear them we have a.different case designation and we hear.them according to the rules of Civil.Procedure.so we've sort of talked about nuisance.property cases hazardous building cases.these are going to be cases that fall.outside of those residential property.cases rent escrow actions are actions.that are non-emergency repair problems.that are initiated by the tenants and.there's an important distinction to make.between actions that are initiated by.landlords versus actions that are.initiated by tenants and then in.addition to that understanding the.complexities of what goes into each one.of these actions and how much a tenant.might actually know about what their.rights are so we also have tenant.remedies actions which are again.non-emergency repair problems emergency.tenant remedies actions which are.emergency repair problems we see.RVs in the winter as you can imagine.related to heating unlawful exclusion.actions or lockout a lot of times.landlords will resort to self-help and.we'll talk about that in a minute what.that looks like and then we hear all the.housing court expungement motions so.those have become more prevalent over.the last few years as well alright so.housing court is governed by 504 B so we.have one section of the statutes that.govern us it's 504 B the residential.rental properties are going to be.governed by the housing court rules of.general practice which are 601 to 612.and then generally the cases that we're.hearing are governed by the rules that.we all know the Minnesota Rules of Civil.Procedure the rules of evidence and then.any case law that might have been.developed over the years so you might.wonder if you've never been to housing.court what happens at housing court we.have initial appearances three times a.week in Hennepin County there's.approximately 45 cases on each initial.appearance calendar so Monday Wednesday.Friday afternoons that's what we're.doing in housing court we're hearing the.initial appearances all parties are.required by the referees to participate.in settlement negotiations although they.you know are not required to come to.agreements there at least required to.talk to one another and I do require.them to enter into settlement.negotiations in good faith by allowing.each party to say at least one thing so.you can't walk out in the hallway offer.something in walk back in the other.party gets an opportunity to respond.because we have a housing crisis in the.United States I don't know if you're.aware of this but there's a housing.crisis here in the United States and.Hennepin County it's pretty prevalent as.well the court has developed some.programs and projects that we're working.on to try to help landlords and tenants.work through issues to try to at least.reduce our homelessness and housing.issues that exist so one of those things.that we offer at all initial appearances.are free mediation services so we have.mediators who are there who are.providing free mediation services and.this voluntary if they'd like to enter.into that but we provide.and I'll can use the mediation.statistics it's a moment at all initial.appearances we also have lawyers.available from legal aid as well as the.volunteer lawyers Network and if you.recently read the article in The.Invention Bar magazine loop run men.issued an article in there and there's.11 full-time equivalent attorneys from.legal aid who see clients of the housing.court clinic and provide advice and flow.representation and then there's been in.2017 there are over a hundred and forty.nine.bln volunteer attorneys who assisted.parties now when you think about.assisting the parties it ranges in the.experience that an individual might have.it might be just advice right there at.the initial appearance it might be.limited representation where an attorney.comes in with them to the initial.appearance and helps advocate at least.for that moment and then there are also.full representation where the attorney.sees the case all the way through trial.in the matter we are starting a new.initiative in the fall of 2019 we're.just working on the hiring process for.this but we will have a social worker.available during all of our initial.appearances a Social Work intern who.will help individuals who are maybe.facing homelessness or facing in the.eviction action to either seek services.related to public assistance or.transitional housing if necessary which.I think will be really useful to people.Ramsey County is already doing this so.they're one step ahead of us but they.handle fewer cases so it's a little.easier for them so parties come in we.hear an initial appearance in case it's.called we sort of try to figure out what.the next steps are going to be in the.case if a tenant fails to appear so long.as the Landlord can establish the.factual basis for their complaint right.there we will issue judgment in favor of.the landlord and in the media rich.unless the tenant or unless the landlord.requests at the rippy stage for a few.days because they know that the tenant.has some sort of hardship that they're.willing to to consider if the landlord.fails to appear we will dismiss the.eviction action at least I do so.the landlord's not there I dismissed the.eviction action and I expunge it.immediately because it is the landlord's.burden of proof by preponderance of the.evidence to establish a factual basis.for the complaint and if they're not.there they can't do that so then I have.some statutory authority that would.allow me to expunge the record if the.parties settle the case at the initial.appearance we will go over the.settlement agreement with the parties I.may have questions to make sure that the.settlement agreement is clear the reason.that we go over the settlement agreement.is because there are conditions that are.attached to a settlement so one of those.conditions might be that a writ of.recovery can issue if the tenant fails.to comply with the terms of the.settlement agreement which is a pretty.significant consequence for someone and.so we want to make sure that they.understand that that is the consequence.if they fail to comply with the terms of.the settlement whether that the payment.plan that they've entered into or.vacating on a specific day pays if the.parties cannot settle the case we might.do a little sort of mini hearing right.there to determine if there's facts.questions or if there's a valid defense.if there are facts questions or there is.a valid defense on behalf of the tenants.then we will set the matter on for a.court trial so I just talked a minute.ago about the distinction between.residential and commercial properties so.now the court of appeals handed down the.case of the County of Hennepin versus.6131 Colfax Lane and essentially what.the court of appeals said is that the.housing courts.consolidation program lacks the.authority to hear it and determine any.matter that is unrelated to residential.rental properties so when we got that.decision we said oh my gosh now what do.we do how do we manage our calendars how.do we figure out what we're going to do.with all of these cases that are already.been filed and now we're going to work.through so Hennepin County Chief Judge.Byrne Hartson issued a standing order.permitting referees to hear cases in.addition to residential housing matters.so there's a standing order and Hennepin.County and again you remember how I.became a referee it's by the chief judge.whatever the chief judge assigns to the.referees is what we do and so the chief.judge does have the ability to determine.which cases we'll hear so she expanded.what we don't hear it according to the.housing court rules we hear it as a.civil action for these specific cases.that might come before the court so when.we talk about eviction actions there are.common themes that we see every time we.hear a case more often than not the.issue coming before us is going to be a.non-payment of rent issue or a material.breach of lease so those are probably.the two most common followed by holding.over after the end of a lease or tenancy.so after a notice to quit or the lease.ends and the party fails to vacate the.property in the 2009 to 2012 period we.were hearing lots of cases related to.mortgage foreclosures and contract for.deed cancellations now those are a bit.less frequent however we do get them.every now and then and so we'll handle.the eviction action after the Redemption.period has passed for that foreclosed.property and then we'll hear cases that.relate to any sort of violation of the.covenant to not commit unlawful activity.on the property so things related to.drugs or other illegal activity what's.in what we have to create a distinction.between is oftentimes landlords will.file their complaints and they'll say oh.they didn't pay their rent and they're.breaching the lease and they didn't.vacate after I gave them notice to.vacate and so they list a whole laundry.list of things well the statute 504 B.0.285 indicates that if there are.multiple allegations within the.complaint one of which is breach of.lease and one of which is not payment of.rent will hear those in bifurcated.proceedings so we'll hear the breach of.lease claim first and then the.non-payment of rent claim and we do not.require tenants to deposit any.undisputed amount of rent owed until.that breach of.claim has been determined by the court.now it sounds complex bifurcated trial.what-have-you.it all happens essentially at the same.hearing it's just sort of we move.through the first part make a quick.determination on the regional lease.claim and then maybe move to the next.one so it doesn't necessarily prolong.the proceedings it just creates a.distinction and how the matter needs to.be decided in addition to sort of the.almost hundred and fifty cases that we.hear at an initial appearance each week.if there are contested matters so.they're going to go to trial we have to.schedule those within six days so when.we're not in initial appearances we're.in court trials or motion hearings which.are to occur within six days unless the.parties agree to extend that period we.can extend that period or if one party.really can't make it in in the next six.days we can require that party who is.indicating they have a scheduling.problem to deposit a bond or something.along those lines to protect the the.other individual who can make it in that.next six days but it's a pretty fast.turnaround when you think about these.cases as the notice notice period for an.eviction action is seven days we.scheduled them 14 days out but.technically the tenant just has to get.notice seven days before and then you.come to your initial appearance six days.later you're in trial and and then we as.referees have 90 days to make our.decision but it's encouraged to be a bit.more rapid in our decision-making for.these particular actions as they are.expedited proceedings so this have a lot.on there you can read that later as you.read your handout but I think what's.important to know is that tenants do.have defenses so when they come into.court it's not just I'm at the mercy of.my landlord a little bit but there's.also defenses available and while.tenants may not know the words that are.attached to these particular defenses.what the referees do is we listen to.what the tenants have to say and we.attach the appropriate word to whatever.they're describing to us in that moment.so it might be they're telling me about.you know a door that won't lock and a.hole that's in the ceiling and I say oh.that's a fritz defense that's related to.the habitability of the property that's.a defense to non-payment of rent but.they don't usually know that unless they.have an attorney we have to balance that.with the understanding that housing.court is a court of limited subject.matter jurisdiction and what we're.deciding is who's entitled to possession.of the property ultimately in an.eviction action and so to the extent.that there might be other claims or.defenses available to the parties for.example if there is a non-payment of.rent and there's a large deficiency I'm.not determining how much rent is.technically owed I'm not entering on.money judgments in that action I'm.determining who's going to stay in the.property or who's going to leave the.ultimate amount of money that might.still be owed would be handled in.conciliation court or if it's outside.the conciliation court jurisdictional.limits it would then be handled in the.in a district court action I collected.that those damages in addition to the.habitability defense of the fritzsche.defense which is what we hear most often.in eviction actions there's also some.retaliation claims the tenants can make.depending on the timing of a notice to.quit or the increase of rent.there's also waivers so there needs to.be certain things in writing whether.that be in the lease or in some sort of.agreement that followed the lease.between the landlord and tenant for the.landlord not to have waived a claim.related to non-payment of rent if they.accept a partial payment and then there.are some discrimination defenses that.might be available through the statute.so those are those are the the biggest.defenses aside from I don't know what.they're saying I owe another defense but.that's more of a fact question where we.do some accounting in that situation so.as I say.one of I guess so.lack of stack of personal jurisdiction.is another defense that often gets.raised and the reason the lack of.personal jurisdiction gets raised.frequently in eviction actions is.because a service in eviction actions is.very complicated.does anyone here do do evictions like.represent landlords or file all right.well if you ever decide that this is.something that you know you're.passionate about make sure that you.understand the service requirements.because this is more often than not why.a case would be immediately dismissed at.the initial appearance so in 2013 the.Court of Appeals handed down a case.called Posse versus Johnson and the.court of appeals said you know what we.have a statutory rule that provides for.service in addiction actions and that.rule or that statute is clear and.requires strict compliance so in other.types of actions that might be.substantial compliance you know the.party knows that the hearings taking.place so they just need to show up and.then you sort of say oh well they must.have had notice not so for eviction.actions we have to have affidavits that.are properly filed they have to be filed.in the appropriate order and all of the.steps have to be done and I will say.oftentimes what we're seeing is.landlords who are serving tenants by.this third way on here so everybody.knows personal service substitute.service but it's the service by mail and.post in eviction actions which really.trip people up particularly pro se.landlords so landlords who are there.representing themselves don't understand.that there are technically four.affidavits that need to be filed that.you have to attempt service in a number.of ways before you can post it on the.tenants house and if any of our.residents and if any of those steps are.missed that is a personal jurisdiction.issue now of course personal.jurisdiction is waivable so if the.tenant shows up at the initial.appearance and they've negotiated.some sort of agreement or they don't.want to come back to court another day.they may waive their personal.jurisdiction defense and will move.forward with their case I think one of.the interesting things about housing.court and the thing that's always in the.back of my mind when I'm handling any of.these cases or any of the litigants are.appearing before me is that the issue.that we're deciding is where they're.going to sleep in the next few days so.it's not you know they also many money.do they also it's where they're going to.sleep where their kids are going to.sleep where whether the landlord has.money to repair the problem that they're.having right so it's a two two-edged.sword here landlord needs money in order.to keep properties in good repair and.and habitable condition tenants need.shelter and so in addition to that it.takes time to come into court.it takes transportation come to court.you have to take off work to come to.court I you have to take off if you're.going to go to a trial a second day to.come so they're not only there the first.day for the initial appearance but now.they're having to take off another day.and if you have a tenant who's having a.difficult time meeting their obligations.for a non-payment of rent issue 1/2 a.day at work is an extraordinary burden.on them and so that's why even though.the defense may be available related to.personal jurisdiction.it may not be prudent for them to assert.that based on the fact that the landlord.is gonna go they're gonna do it the.correct way the next time and that.tenant is going to be back at another.initial appearance having to do the same.thing all over again.so those are some of the considerations.I think that go into how attendants are.negotiating how landlords are proceeding.this as well all right so some.statistics I've got some from 2016 and.then I've got more recent statistics.from 2018 if any of you have never been.to eviction labs org that particular.website is pretty cool.that particular website pulls.information from the courts across the.country as well as census data and you.yeah and it does cool colorful maps and.charts and all the sort of stuff and you.can look at you can look at poverty you.can look at racial makeup of communities.you can take it all the way down to the.census community to see sort of what's.happening in that particular area as it.relates to evictions so statewide we had.in 2016 13 thousand 622 eviction filings.the poverty rate in Minnesota for the.entire state in 2016 was seven point two.nine if you look at how many evictions.Hennepin County handled in 2016 it was.almost half of what the entire state.handles and the poverty rate is a little.bit higher and then if you look at the.Minneapolis fiction filings that's even.more stark when you look at the.proportion of just Minneapolis in terms.of the entire state so there's a project.happening in Hennepin County in their.social services division where they have.a grant where there's an individual who.has created the Hennepin County.dashboard and this is a link which are.people going to get this electronically.out here also if you just google.Hennepin County dashboard it should pop.up but this is specific to Hennepin.County it's creating real time.information about eviction filings in.Hennepin County so here some 2018 data.that I wanted to provide to you is you.can sort of see the ratios month to.month in the top information related to.how many evictions are evictions.happened how many cases were dismissed.during that particular month the blue is.how many cases settled the green is how.many cases had determination against the.tenant and then there's I could barely.see it on there either but there's a.little gray line that indicates.whether the decision was made in favor.of the tenant if you look at the chart.right below that you can truly see how.non-payment of rent is really the.predominant field of cases that were.seeing and failure to vacate breach of.lease are are pretty small in comparison.so one of the things that roughly Labine.and I frequently talk about is we can't.make money right like this is the thing.that all of us I think would want to do.but we can't make money and so how do we.work through these problems with.landlords and tenants to try to figure.out what the best resolution is when.money is scarce generally so here you.can see it's sort of the year-over-year.filings so again this is just Hennepin.County specific but you can see in 2010.there was a large spike in the total.filings which is diminished to 2018.however I think what's interesting about.this is when you look at the orange bars.those are the actual fiction judgments.that were entered right and that stayed.pretty consistent over the last eight.years so while the number of filings may.have gone up and down the number of.actual effect and judgments pretty.consistent and then you can sort of see.where judgments are for or against.tenants in terms of how cases are.ultimately decided throughout the years.it's again pretty consistent from 2010 -.mm - sort of demographically think of.where we have the largest number of.displacements or eviction actions.happening and I think it's important to.think about this when you read in the.Star Tribune or another news source.related to evictions in Minneapolis or.in Minnesota and you hear negative.things about landlords or negative.things about tenants the as I said.earlier one of the tricky situations.here is that landlords need money to.provide.good housing and tenants need good.housing but you need money to do all of.those things and balancing that can be.difficult when you have disparities such.as what this map shows so this is from.2016 and the highlighted areas are zip.codes that have a non-white population.greater than 50 percent and you can see.that racial disparities come into play.here which as we all know Minnesota does.not rank well when we are looking at.racial disparities and that's.particularly true when we look at.addiction actions and how we're dealing.with poverty and that sort of thing so.in 2018 42% of the filings that came.through Hennepin County resulted in an.eviction judgment however we can't look.at housing strictly on the basis of what.our court files tell us or what.addiction actions or judgments have been.entered because we don't have records.about when a case settles and the tenant.doesn't comply the landlord doesn't.always come back to get a rid of.recovery in an order for judgment.sometimes the tenants leave voluntarily.sometimes the landlords will say you.didn't comply with a sum of money we.will get out of here I'm gonna get a.writ right so we don't know on our end.of things.how many settlement agreements are.complied with how many are how many.people end up being displaced because.they were unable to comply with the.terms of the settlement agreements.because there are other ways that people.vacate the property outside of the court.system after the eviction has been filed.in addition to that as we're looking at.data and move forward in our system we.also have to understand that the data is.going to change as we Grant expungements.so expungements are the elimination of.the court record altogether and that's.going to reduce the appearance of.evictions right so if you were to look.from 2011 today it's going to look.friends and what the actual filings and.actual eviction judgment since 2011 were.so the actual numbers might be slightly.skewed or misrepresented based on our.branding of expungements and housing.matters so the consequences of an.eviction I'm sure you can all appreciate.and understand but it's really greater.than just oh now I have a judgment and.now I have to move it can create.instability in neighborhoods and you.sort of have to think about the.trickle-down effects kids in school.families who have somebody who is.homebound or caring for them what.happens in those situations it.ultimately may result in the individual.becoming homeless but also other.consequences in terms of other services.they might be receiving I know I've had.individuals who you know are on public.benefits and they get evicted and their.public benefits come to their residents.and then they're not in that residence.and so how do they get those and how do.they get communications about how to.sign up for that so it's it can be a.cumulative effect in terms of an.individual's well-being in addition to.this I think I didn't fully appreciate.this when I first started this job but.one of the bases for an eviction action.is if you have unauthorized occupants in.the property so we're thinking about.generational poverty where I don't have.a safety net.whether that be my parents who owned a.home that I can go to live with or my.brother or sister who can give me a.thousand bucks to stay where I need to.live we're all sort of in this.scrambling to make our needs meet on a.month-to-month basis so I get kicked out.of my residence and I go live with my.mom or my sister and eight other people.who are living in that two-bedroom.apartment and now we've got a situation.where we have too many people whether.that be for code purposes or for the.lease itself and then that person risks.an eviction action because they now have.taken in someone who needed housing.so these are these are the realities of.what happens after we have the legal.proceeding in the courtroom so we've.talked about how many of the eviction.actions are because of non-payment of.rent and the Minneapolis innovations.team did a survey of sort of what the.complaints look like what was the.average amount of rent that was doing.owing and it was $2,000 or less so it's.not as if you know there's tens of.thousands of dollars per person that.have not been paid but it's $2,000 or.less and oftentimes this $2,000 includes.what the landlord has already attached.for the 297 dollar filing fee and the.service fee of $100 right or wrong.whether that's permissible or not that's.oftentimes what's included in this.number so if you think I I didn't pay.$500 of my friends now my landlords.taking me to court now I owe close to a.thousand in order to redeem that that.can be a huge consequence for people and.as when we looked at the map of.Minneapolis you can see that evictions.do disproportionately affect.economically disadvantaged areas as well.as areas that have a high concentration.of people of color so Minneapolis is.doing stuff Hennepin County's doing.stuff Ramsey County is doing stuff to.try to get tenants represented and I.don't want my presentation to seem.tennant any however landlords oftentimes.have access to resources that tenants.don't and so the impact is often times.worse for tenants in these situations I.will tell you this that my experience in.housing court landlords are very willing.to work with parties to talk about.payment plans and trying to figure out a.way to make sure people aren't homeless.we don't have landlords who are sort of.out there trying to create a housing.epidemic I think they're also trying to.figure out how to run their business as.turnover is expensive for landlords as.well so.that being said there are projects in.Minneapolis and Hennepin County to.provide more represent more.representations to tenants and again.this comes from the bench and bar.article that was recently published last.month but you can see how having.representation improves your outcomes.not because the court isn't trying to do.what we're supposed to do but in order.to articulate and advocate for someone.you can't be a judicial officer right so.I can't advocate for that person who's.sitting there whether they're the.landlord or the tenant I have to sit.there and listen and try to figure out.if I can hear something that will allow.a case or whether that's from the.landlord or the tenant but attorneys.really do help in these circumstances in.terms of sort of being able to weigh the.options that a tenant might have.negotiate with a sophisticated landlord.negotiate with representation from the.landlord side and so you can sort of see.what those statistics look like for.mediation I only had mediation.statistics through September of 2018 so.the numbers for 2018 would go up but we.again mediation is a voluntary process.that individuals can participate in but.you can see that if if they have.participated in mediation approximate.ween 60 and 70 percent.well results in some sort of settlement.I always hesitate when I talk about look.at all these settlement rates and look.at how well we're doing the settlement.again going back to I don't always know.what happens after they leave the.courtroom settlement might not be the.best option for tenants but that's one.possibility.all right so now on to the other things.I've been eviction now that I talked for.why this should go a bit more quickly.but there are remedies available in.actions available for tenants and I and.this is where education generally is.necessary I think it's it would be a.great opportunity for high schools to.talk about it or junior High's talk.about it in school.you know what what are your rights when.it comes to renting oftentimes I see.people coming in for expungements who.had their first eviction when they were.19 because they didn't know what they.were doing.they're 19 years old they don't know how.to create a budget maybe their family.had never done something like that and.so they get the eviction they realize.how awful it is and then they figure out.how to how to manage things in addition.that I think people don't understand.that they have rights right here not at.the mercy of living in conditions that.are untenable you do have a right to use.and enjoyment of that for which you are.paying for this is just a quick little.chart that you can take with you because.a quick reference if you decide that you.might want to you know do something with.bln or change practice areas this would.be a great starting point for.understanding sort of the different.areas that are available for tenants who.are asserting their rights in housing.court and I'll go through each one in.just a minute but we have it so we have.rent s Corrections so in a rent s.correction is governed by 504 B 0.385.and rent as correction can be started if.there is a violation that exists in the.property related to health safety or.building code violation if there's been.a violation of the covenants that exists.within the statute so regardless of.whether there are provisions in the.lease related to habitability we have.some statutory protections for tenants.or if the landlord's violating the lease.so oftentimes there are provisions in.the lease that required the landlord to.do some stuff and if they're not doing.that a tenant can bring a rent escrow.action the tenant is the one who.initiates the action and they need to.establish that they provided notice to.the landlord that there's a problem 14.days at least 14 days before filing this.and the landlord does nothing about it.right so I sent an email or I went.through the portal and I told them you.know that my sink was leaking 14 days.have passed and my sink is still leaking.then they can come to court build.any unpaid rent with the court.administrator which usually encourages.landlords to come in as soon as they.realize they're not getting their money.then I was like wait a minute I should.do something about this and once that.happens everybody will come in for a.hearing we might have a trial on the.matter and ultimately the courts trying.to set to decide how the lack of repair.or how the violation of the ordinance or.code has impaired the tenants use and.enjoyment of the property so this is a.difficult thing to quantify for damages.right what is use of and use and.enjoyment it's some what based on what.your own experiences and your own.expectations are right so if I'm paying.$500 for rent.that's pretty affordable in the city of.Minneapolis what is my expectation for.what that property looks like is that.new fixtures is that freshly painted.walls is that.so there's question marks that exist.there right and then or if I'm putting.$2,000 in downtown Minneapolis what am I.expecting so it's a bit subjective in.terms of what that looks like and so.some of the remedies that the court has.available in terms of what we can order.you can order that the money that's on.deposit with the court be used for the.repairs has to use this money we can.order that the and it has to continue to.deposit the rent with the court until.the landlord does what they're supposed.to do we can abate the rent both.prospectively as well as retro actively.depending on what the court finds in.terms of how long this problem has.existed how many times the tenant tried.to get it resolved truly how much of an.effect this has the rental licenses is.always an issue that comes up because.landlords in Minneapolis do need to have.a rental license if they don't the.ordinance says they are not allowed to.collect any rent and so the question is.how much rent abatement if the landlord.has not had a rental license but the.tenant has had a place to live so.balancing those sorts of things if we.issue an order telling the tech man Lord.that they need to do this repair and.they fail to do it and they come back to.court for a compliance hearing the first.time they fail to complete the repair we.can find them $250 the next time it's.500 so it starts to go up in terms of.the fines that the court can assess the.landlord may assert a counterclaim of.non-payment of rent or breach of lease.in these particular actions so sometimes.there's an eviction component that.exists and at that point we can order a.Redemption where the tenant can pay a.certain amount and stay in the property.or you know I emergency tenant remedies.actions et Ras are similar similar to.the rent escrow actions only these are.based on emergencies so there needs to.be an emergency that exists it's running.water heat electricity the Plumbing's.not working the doors were removed from.my house the windows are out the roof is.not providing shelter any longer those.sorts of things that are emergencies can.be brought by a tenant by a housing.agency with the permission of the tenant.or the state or local authority can.bring it so someone within the city.could bring this particular action for.emergency 10 of remedies actions that we.turn them around really quickly so when.the complaints or petition comes in it.comes back to a referee right away we.determine if there's an emergency tell.the landlord to fix it and schedule it.on for a hearing within like two to.three days and make sure that the.landlord gets served with that.information so again similar remedies to.the rent escrow action we can also.appoint an administrator so these are.the things you probably friends case the.court appointed an administrator so it's.a professional organization that's going.to manage the properties until we figure.out what's going to happen for this.particular action we can also throw in.some attorneys fees $500 you know big.bucks for the lawyers who wanted.these cases on 10 of remedies actions.these are a little bit longer they.usually involve something related to the.city inspector going into the property.finding violations giving a period of.time for the repairs to be made and that.not happening.but the remedies are very similar to.those in the EGR a as well as an escrow.action and then lockouts this is really.where the big bucks exists if you're.looking for it.so lockouts can be started a lockout.petition can be started if there's.actual or constructive removal or.exclusion from the property so that.might be the landlord shut off my.utilities they rip and I kid you not.they removed the front door they changed.the locks on the door any of those.things that would prevent a tenant from.getting into the property and the.landlord does not have a writ of.recovery so the writ of recovery is what.says my lord you can go take it back if.they don't have that that is a lockout.even if the tenant does money they.cannot resort to self-help so the tenant.brings the action we get these again.much like each Aries we get them turned.around really quickly because usually.people are displaced in these situations.so we can order that the landlord.restore the property the damages are.treble damages and attorneys fees and a.civil penalty so the damages for lockout.it's better to just do the eviction and.not resort to self-help essentially the.moral of this story but there are some.significant consequences if a tenant is.unlawfully okay so some of the things.that we're doing to try to reduce some.of the impact of eviction records on an.individual's.housing record is that we are doing.things like upon agreement of the.parties or motion of one of the parties.we allow some case caption changes from.the parties name to John Doe or Jane Doe.we may provide that the file become.confidential so not part of the publicly.accessible records and then we are.seeing more and more requests for.expungement whether that be at the.initial appearance or years later after.the issues have been resolved between.the parties so the court has two bases.for which we can grant expungements we.have a statutory basis as well as our.inherent authority and we look at both.of those and we're determining whether.expungement is appropriate of any.particular case so again I think this is.the third time I've said this but an.eviction shows up on a tenants record.upon filing okay so if I'm a future.landlord going to review my potential.tenants record even if it was even if.the case was resolved in favor of the.tenant if it has not been expunged is.just going to show up as a fiction the.only way to remove that eviction action.permanently is through an expungement.and because landlords often rely on.tenant screening agencies to determine a.renters qualifications and and in.screening agencies are just making large.polls from the court records it's it's.not always an accurate representation of.what took place in the underlying board.action so tenants are the ones who bring.the request for expungement the emotion.or something close to emotion whatever.they can piece together that looks like.emotion and they have to give the.landlord notice so the landlords get.notice at expungement calendars I have.landlords up here I have landlords who.opposed the requests we look at on any.given expungement calendar I look at the.underlying eviction action I look at.what happened in that particular court.file then I'll listen to the tenant to.hear what's happened in the interim I'll.also listen to the landlord as to what.their argument is as to why this needs.to remain on this individual's record.and then we'll make a determination.based on the arguments party.statutory authority I think is probably.the easiest one to determine because it.really is just looking at whether the.underlying and fiction action had a.thesis in fact in law so that's going to.be you know jurisdictional issues.service issues issues related to agents.and whether they had about power.authority or if one party or the other.was prevailing so statutory authority is.pretty cut-and-dry and often more often.than not unless there's a jurisdictional.issue a tenant mate will not qualify.under this however and hair Authority.I just think of as kind of a magic wand.like oh I haven't their hair inherent.Authority now but what we're doing when.we say we have an inherent authority to.do something is we're balancing the.interests of the public and knowing.about this particular court file and the.detriments to the tenant and having this.file remain on its record as well as.looking at our role as the court to make.sure that the laws of the state of.Minnesota are upheld and that our.records are doing what they're supposed.to do and we can enforce orders if we.need to so we do a multi-level analysis.for each one of these expungement.motions that come before us to determine.sort of the benefits and detriments as.we move forward as well as the courts.role in upholding these the court of.appeals recently came out with an.unpublished decision in at-home.apartments LLC judge Connelly wrote a.concurring opinion where there was an.outline of seven different things that.if judge Connelly were District Court.judge that I just call him and think.about for each one of these expungement.motions which I think is really helpful.and they're the things that we have been.thinking about but it's nice to have.some guidance from our higher-level.courts to sort of say this is what we're.gonna look at when we review your.decisions so if you take a look at that.particular unpublished decision it's.great if you're going to do some pro.bono work on expungements it.it would help you formulate your motion.so considering things like what was the.underlying reason for the eviction you.know is it a horrible breach of lease.where the property was destroyed or did.the tenant fail to pay rent has the.tenons attempted to pay the landlord.back not that that's a disqualifying.factor is there a judgment in the file.how long has this court file existed.there's a policy in the courts that if.there is no money judgment in a housing.court eviction record that it.administrative Lea be destroyed after.one year or a ten one year if there's no.judgment and if there is a money.judgment it's ten years the court just.hasn't caught up with that policy so it.takes time to do they initiate all those.I think we're at like two thousand nine.right now in terms of getting up to.speed on on those all right and before I.quit the one thing that I didn't fully.appreciate when I started this job is.that there are two paths that tenants.and landlords can take if they disagree.with the decision that a referee has.made they can seek a judge review from a.district court judge within 10 days if.are enough are orders made orally or 13.days of our order is issued in the mail.they can ask a district court judge for.a hearing to review what the referee has.done and whether we've abused our.discretion moving through that case they.can also file with the Court of Appeals.either before a judge review so they can.choose you can do a judge review or you.can do Court of Appeals the appeal.period is 15 days if they choose Judge.review route and not until the judge.review has entered judgment is the.appeal ripe for the court of appeals so.it sort of extends the appeal period if.they go to judge review first so those.are the different options if there's a.disagreement with what happens before.the referee all right so things to sort.of keep in mind is if you're interested.in housing and.happening in the housing world there's.currently a rule change proposed and.it's waiting with the Supreme Court.currently related to general rules of.practice 603 rule 603 says that agents.may appear in housing court with a valid.power of authority on behalf of an LLC.or corporation or another individual so.if they have what's called a power.Authority they file it with the.complaint and then they can come to.court and that's not necessarily the.unauthorized practice of law there's.different arguments as to whether that.is or is not the comments rule 603 from.the committee says we are not making any.determination as to whether this is a.violation of the unauthorized practice.of law rules so there's a rule change.that's been proposed we'll see where.that comes maybe we'll have agents maybe.we won't have agents anymore there's.arguments on both sides about cost and.whether that eventually gets passed on.to tenants or not even though it's an.initial cost for the landlord if that.just increases rents because now.landlords have lawyers so we'll see.where that goes and then there's also.every sort of legislative session some.legislation on when an eviction record.becomes public so the question would be.is now the eviction record is an.eviction record it becomes public upon.filing whether the eviction record.becomes public upon a judgment being.entered so very similar to HR Rose not.until there's a final determination.would it become public all rights and.the final few things is if you want more.information because this was a lot that.I just want to dispute out at you and.it's not everything about housing but.it's a quick primer on how things are.and sort of the complexities that exist.practically speaking for the individuals.who view who appear before us but the.Hennepin County Housing Corps website.has a number of resources available for.you and then the Self Help Center is.where many tenants go and the housing.court project where we have clinics.almost every day of the week it.you alright because that we have like.two minutes left for questions yes so.the question is why does an eviction.action stay on the tenants record even.when the underlying case was determined.in the tenants favor so there's I kind.of have an answer for you so there's a.general policy that civil cases in our.court system is an open system and and.people should know what's going on in.our courts in our and so the court.records should be publicly available to.everyone and this is a civil case I.think as our technology has progressed.are as you know with most of our laws.they have not progressed as quickly and.so the accessibility of this information.is potentially having a greater impact.than it maybe would have in the 1980s.when somebody had to go down to the.court and actually look through a court.record to try to find who was there and.what the outcome was oftentimes if a.case is ultimately decided in favor of.the tenant so it's gone to trial or I've.determined it in favor of the tenants at.the initial appearance.I will expunge it at that point however.we've run into a little snafu about that.because if I enter judgment in favor of.the tenant and I give the tenant of.remedies such as damages and rent.abatement or ordering the landlord to do.something and then I expunge the record.how are you going to enforce that order.it doesn't exist anymore so there has to.be some sort of delay we're trying to be.a little creative and how to diminish.the impact that it's having on tenants.or using confidentiality a little bit.more if until and unless the order has.been fully complied with and then they.can bring the motion and we'll do it.administrative like we'll put a.paragraph.there that says I'm not expunging it now.but I understand that there's a reason.to expunge it so if they file an.affidavit indicating that everything's.been completed in this order all expunge.it you don't have to come back for a.hearing and all of that then again.providing notice to the landlord so if.they disagreed with my order that I'll.explain later they can you know.take that up to a higher level but for.the most part it seems to move pretty.smoothly and it's a good way to sort of.create a balance in terms of the effects.of an eviction record on attendance.because usually they're trying to find.alternative housing.they've been some wearing now they're.gonna fight with the landlord so they're.they don't want to stay so I don't know.and and I want to say that I don't think.a single eviction record necessarily.fully disqualifies individuals from.achieving housing I do think the.landlord's look more fully at sort of.what's happened how old it is I also.think that landlords have the ability to.protect themselves in that often times.if there are evictions on someone's.record they'll require double or triple.deposit they'll increase the amount of.rent but it's being charged to the.tenant to try to insulate themselves in.case this happens again really once I.mean this is just the court record and.then it the tenant reporting agencies.just pull from us so once we get to the.tenant reporting agencies it's sort of.out of the courts hands anything else.[Music].[Music].No.so the question is is oftentimes in.settlement agreements it'll be some sort.of payment plan or a lump sum do at some.point or move out and so one of the.things that Hennepin and Ramsey have.been doing is allowing for what's called.an affidavit of compliance so much like.if the tenant violated the settlement.agreement the landlord might file an.affidavit of non-compliance to have a.issue that rid administrative Lee.we also are allowing affidavits of.compliance where upon agreement of the.parties one or the other can file this.letter or affidavit that says the terms.of the settlement were agreed upon it is.within the courts inherent authority to.grant an expungement of the record and.then we'll do that administrative Lee.and those are happening more often now.it wasn't a practice of the court to do.this about a year year and a half ago.but now we're doing it more readily one.because it helps us administrative Lee.and cutting down the number of motion.hearings we have for expungement because.that's an entire calendar of 45 cases.one morning on a Friday and then we have.to write all those order it's a backlog.of things so that helps sort of.streamline things it's another day that.the tenant doesn't have to come back to.court the landlord doesn't have to come.back to court do administratively by.agreement but if that if that provision.is not within the settlement agreement.the that does that still does not.preclude the tenant from coming back and.making a motion so sometimes the.landlord says I don't want on I'm not.going to agree to an expungement so if.that's the case I just tell the tenant.there's paperwork out front related to.it's like medicine you can figure out.what you want to do from there so.anything else all right well thank you.for being an attentive audience and.volunteer for housing desire to serve.your so thank you.

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How do I dispose of hazardous waste when I’m cleaning out my relative’s home? I live out of state and Hennepin county requires a Minnesota license to drop off household waste!

Original Question: “How do I dispose of hazardous waste when I’m cleaning out my relative’s home? I live out of state and Hennepin county requires a Minnesota license to drop off household waste!” No Hennepin County does not require a license of any type. The county may charge you for dropping off some items & reject others, but there is no license required. here’s the scoop: Ordinary household (HH) waste like paint, batteries, electronics, CFL bulbs, & etc. may be dropped off for free. Special items that require special processing, or cost, may include a nominal fee. Ex. $25 for a computer CRT, or a CRT TV. Some items will require sending to a commercial recycler. These are assumed to be business & not HH items, like FAX machines & multiple computers (more than one home might expect to own). The Hennepin County recycling centers also serve the 5 county region. I know as I have used them & I live in Dakota County. If you live out of state & need to do this remotely, then hire a service that is licensed to do this operation. Otherwise, schedule some vacation time & visit us in about a month (if you can delay the operation). Minneapolis & its parkways are glorious in spring. And, easter is just around the corner as this bunny in South Minneapolis knows well: (Photo, mine) Reference: Drop-off facilities Your profile lists you as a “resident” of Minneapolis and your parents were + the home is within the county! If this is incorrect, then call the drop off center & speak to them. You are cleaning out a home within the county & that should easily qualify you to do the drop-off.

How was President Trump able to crush Al Franken's "blue slip" filibuster of his Minnesota judicial appointment?

Crush? Im pretty sure that Trump did no such thing. Blue Slips are an internal Senate Mechanism. So if one got “crushed” it’s another palimentary victory for Mitch McConnell. Like Neil Gorsuch. Trump can take credit for it but only because Leader McConnell lets him do so. That should keep Trump from doing so but I’m not sure he realizes when he gets played.

How does the economy and quality of living in Scandinavian countries compare to the state Minnesota, America's largest Scandinavian American population?

The thing to also consider when comparing income with Scandinavia is that health care, child care, elderly care and education (all the way up to top universities) is more or less free here. So even though you might make more money in the US, you might end up spending that money on things like day care, cancer treatment, your kids’ braces and college funds or your own retirement.

How can I bring a Harrassment order back in to court for it to be reviewed for false statements against me in the state of Minnesota?

I’m just going to assume it’s an ex parte temporary order, because if it’s a permanent order it is very hard to get it overturned. The judge would have had to make a legal error for that to be plausible. Not saying that’s impossible, but you would need to go to the state supreme court as judges are not usually in the habit of overturning each others rulings. So. Ex parte temporary order is going to be served by a process server to you at some point, and you have at most 2 weeks to respond to it. It is very important to respond to it, and go to the hearing with whatever evidence you can find tha Continue Reading

How can I bring a Harrassment order back in to court for it to be reviewed for false statements against me in the state of Minnesota?

I’m just going to assume it’s an ex parte temporary order, because if it’s a permanent order it is very hard to get it overturned. The judge would have had to make a legal error for that to be plausible. Not saying that’s impossible, but you would need to go to the state supreme court as judges are not usually in the habit of overturning each others rulings. So. Ex parte temporary order is going to be served by a process server to you at some point, and you have at most 2 weeks to respond to it. It is very important to respond to it, and go to the hearing with whatever evidence you can find tha Continue Reading

Is Montana State University a good Engineering/Environmental college? How does it compare to the likes of NDSU or the University of Minnesota?

The other answers posted here are beautiful and accurate for their time and place. I attended Mankato in the mid to late 70’s and again in the late 80’s for grad school. It was an amazing school. I majored in Speech and Theater and Minored in Library Science was closely coached and instructed by my professors. Over the years as I grew to know them, I grew to love them, respect them and understand the broader larger and small concepts that they were investing into me. Back then Mankato was one of the most influential and invested colleges for the development of teachers. Especially in Speech, The Continue Reading

How can I fill out Google's intern host matching form to optimize my chances of receiving a match?

I was selected for a summer internship 2016. I tried to be very open while filling the preference form: I choose many products as my favorite products and I said I'm open about the team I want to join. I even was very open in the location and start date to get host matching interviews (I negotiated the start date in the interview until both me and my host were happy.) You could ask your recruiter to review your form (there are very cool and could help you a lot since they have a bigger experience). Do a search on the potential team. Before the interviews, try to find smart question that you are Continue Reading

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