Representing Clients in
Reviews of Housing
Court Referee Decisions
Drew Schaffer, Staff Attorney
Legal Aid Society of Minneapolis
Minn. Gen. R. Prac. 601-612

Rules for practice in Housing Court in Hennepin
County and Ramsey County

Supplemented by the Minnesota Rules of Civil
Procedure and statutory law – Minn. Gen. R.
Prac. 601

Referees given subject matter jurisdiction over
all criminal and civil claims arising under
Chapter 504B – Minn. Gen. R. Prac. 602
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Getting a Judge under
Minn. Gen. R. Prac. 601-612

Option to remove a case from the referee
system – Minn. Gen. R. Prac. 602

Option to remove a particular referee – Minn. R.
Civ. P. 63.03

Option to review any referee decision in a case
not removed from referee system – Minn. Gen.
R. Prac. 611
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Reviewing a
Referee’s Decision

Minn. Gen. R. Prac. 611

“In all cases except conciliation court actions, a
party not in default may seek judge review of a
decision or sentence recommended by the
referee by serving and filing a notice of review
on the form prescribed by the court
administrator.”
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Minn. Gen. R. Prac. 611

Applicable to “all cases except conciliation court
actions”

Applicable to parties “not in default”

Reference to “recommended” decisions or
sentences – implicit that all decisions are subject
to review
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Decisions Frequently Reviewed
Under Minn. Gen. R. Prac. 611

Eviction action decisions

Orders
denying
expungement

Rent abatement determinations in rent escrow
actions
tenants’
motions
for
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Initiating a Judge Review

Notice of request for review

Filed at Housing Court on Floor C-3 of the
Hennepin County Government Center

Affidavit to proceed in forma pauperis required
for indigent party if notice of request for review is
first filing in the case
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Initiating a Judge Review
(cont.)

Reviewed by the referee in chambers in
Hennepin County

Issuance of ex parte scheduling order

Service of the ex parte order and the notice on
the opposing party pursuant to the terms of the
ex parte order
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Deadlines to Request Review

Decision announced orally in court


10 days after announcement
Written decision mailed to the parties

13 days after service by mail – service deemed
effective at mailing
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Seeking a
Stay of the Judgment

Judgment not stayed by the filing of the notice of
request for review

Stay obtained by a party’s request in the notice
of request for review

Important if the party seeking review is a
defendant in an eviction action
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Bond Required for Stay

Request for a bond or waiver of a bond included
as part of request for stay of judgment – Minn.
Gen. R. Prac. 611(b)

Bond decision governed by Minn. R. Civ. App. P.
108 (amended in 2009)

Cross-referenced in Minn. Gen. R. Prac. 611(b) and
now found in Minn. R. Civ. App. P. 108.02
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Bond Amount

Predecessor appellate rule – bond as value of
the use and possession of the premises from the
time of the review, while the review is pending

Monthly rent as it comes due

Amended appellate rule – suggestive of the
same measure using different language

GOAL: To keep parties in same position as at
start of the review process
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Scope of Review

Scope of review limited to the record made
before the referee – Minn. Gen. R. Prac. 611(a)

Includes the testimonial, documentary, and
photographic evidence introduced during the
proceedings before the referee
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Scope of Review

Additional
testimony,
documents,
and
photographs not considered by the reviewing
judge

EXCEPT when reviewing judge exercises
discretion to ask for and to consider additional
information – extremely rare
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Standard of Review


Not explicit in Minn. Gen. R. Prac. 611
Standard of review under case law and other
rules



Whether the evidence in the record sustains the
findings and whether the findings sustain the
conclusions
Factual findings – “clearly erroneous” – Minn. R.
Civ. P. 52.01
Legal issues – de novo
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Transcript Request

Party seeking review required to obtain and to
make payment arrangements for a transcript –
Minn. Gen. R. Prac. 611(c)

Supplemental affidavit to proceed in forma
pauperis required for an indigent party to obtain a
transcript
16
Transcript Request

Deadline to request a transcript: One day after
filing the notice of request for review


Will likely be addressed in the ex parte scheduling
order in Hennepin County
Transcript to be provided within five days of
purchase

Extension of time periods “for good cause” –
Minn. Gen. R. Prac. 611(b)
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Emergency Judge Reviews

Not provided by Minn. Gen. R. Prac. 601-612

Exceptional procedure

Same principles and procedures apply, except
the following:


Scheduling on TRO calendar in Hennepin County
Accelerated process – same-day hearing possible
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Examples of Emergency
Judge Review Issues

Substantive emergencies



Denial of essential services or facilities
Condemnation by municipality
Procedural emergencies



Bond/stay determination
In forma pauperis determination
Eviction possible before hearing
conventional timeline
date
on
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Examples of Emergency
Judge Review Issues



Larry McDonough’s “Tome”
www.povertylaw.homestead.com/Readings
Chapter IX



Caberallo, L.L.C. v. [REDACTED] (Dec. 23, 2005)
Minneapolis Public Housing Authority v.
[REDACTED] (Aug. 25, 2006)
Minneapolis Public Housing Authority v.
[REDACTED] (2009) (Jan. 22, 2009)
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Strategies in Judge Review






Limiting and framing the issues
Legal writing
What to expect at the hearing
Removing a judge
What relief to request
Opposing a request for review
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Limiting and Framing the
Issues in a Judge Review

Similar to framing an issue for an appeal to the
Court of Appeals

Standard of review can be determinative
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Limiting and Framing the
Issues in a Judge Review

Pure legal issues best for review



Interpretation of statutes or rules
Application of legal principles to undisputed facts
Dependent on the quality of the record made
before the referee


Requires judge review planning during trial
Pleadings, motions (Minn. Gen. R. Prac. 610),
objections, etc.
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Legal Writing

Notice of request for review

www.minnhousingclinic.homestead.com/Forms.html

Identification of general legal issues

Identification of specifically disputed findings and
conclusions

Brief summarization of arguments
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Legal Writing

Memorandum for review hearing

Summarization of the factual record, with citation
to the transcript and exhibits

Statement of the issue(s) and the standard of
review

Thorough, concise argument of the case
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What to Expect at a
Judge Review Hearing

Context in Hennepin County

Review hearings scheduled on the special term
calendar

Held every Thursday morning at 10:00 a.m., in
Room 314 at Minneapolis City Hall
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What to Expect at a Judge
Review Hearing

Context in Hennepin County (cont.)

Assignment of the presiding judicial officer done
that morning or earlier in the same week

Usually 6-8 motion hearings on re-opening default
Conciliation Court cases heard before judge
reviews from Housing Court
27
What to Expect at a
Judge Review Hearing

Common format





Attorneys/parties at podiums
10 minutes of argument from party requesting
review
10 minutes of argument from party opposing
review
Brief response from party requesting review
Variable from one judge to the next and from
one calendar to the next
28
Judicial Officer Removal
on Judge Review

Removal of judge on judge review – Minn. R.
Civ. P. 63.03

Removal of a judge not an option if a referee was
removed under Minn. R. 63.03 – instead of under
Minn. Gen. R. Prac. 602 – earlier in the case
29
Judicial Officer Removal
on Judge Review

Notice to remove – must be filed and served
within 10 days after notice of which judicial
officer is presiding at a hearing

The Minnesota Court Information System
(MNCIS) – advance information on which judge
is assigned to hear a case on review
30
What Relief to Request

Potential outcomes:





Affirm
Remand for additional determinations
Reverse and award relief on record
Reverse and remand for relief
Strategic considerations as party requesting
review:


Reversal with relief on the record
Reversal with remand
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Opposing a
Request for Review

Standard and scope of review

Minn. R. Civ. P. 52.01

Concession of obvious factual and legal points
not in dispute

Memorandum opposing review
32
Final Points

Judge review not an overly time-consuming
process

Cost-benefit and risk-reward analyses often
favor a second look at the case

Questions
33
Contact Information

Drew Schaffer, Attorney



(612)-746-3644
dpschaffer@midmnlegal.org
Legal Aid Society of Minneapolis, Southside Office
 (612)-332-1441
PowerPoint Presentation by Drew P. Schaffer
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