HOUSING BEST PRACTICES
FORUM
Welcome!
Agenda
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Welcome and Logistics –Heidi Sandberg, DHS
The Eviction Process – Drew Schaffer, Mid-Minnesota
Legal Aid
Questions
Success Story – Joe Groshens, Options for
Independence
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Program and policy updates – Becky Melang, DHS
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Closing – Becky Melang, DHS
Logistics
(boring yet necessary)
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Hosts:
Nichole Meyer, Wright County
 Sarah Tripple, Washington County
 Heidi Sandberg, DHS
 Alison Niemi, DHS
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Lots of Sites!
Keep microphones muted, but let us know if you can’t hear!
 No questions during presentation
Questions during and after presentation to DHS Housing
Options email: dhs.housingoptions@state.mn.us
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Follow up evaluation
Format of Forums
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Every other month (evens), third Monday, 1:30-3:30
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Taped presentation and materials available post-
session on mn.HB101.org (partners tab)
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Steering Committee to oversee agenda and topics
What are we hoping to achieve?
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More choices and control for people over their housing and
services
Leverage resources as best we can
Collaboration between counties, tribes and providers to
develop creative housing options for individuals
Share success stories and best practices used in your
community
Forward identified policy/resource barriers to decisionmakers
Ultimate goal: Everyone has the opportunity to live in integrated
housing of their choice.
“Best Practices” Review
CSH Dimensions of
Quality
Building the capacity of supportive housing
HCBS Settings Rule
Ties best practices to funding
Housing First
Housing first without a requirement for "housing
readiness"
Individualized Housing
Options
Creative use of existing resources to design housing
options centered around the person
Olmstead
Supreme Court requires opportunities for integration
for people with disabilities
PSH Evidence-Based
Practice
Ensuring quality housing for people with Serious
Mental Illness
Person-Centered
Thinking
Concrete, easy to use tools that can be accessed by
anyone
[Session topic] and Housing Best
Practices
[Presentation title]

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Drew Shaffer
Managing Attorney, Mid Minnesota Legal Aid
EVICTION ISSUES
Process and timeline, CLAIMS AND DEFENSES,
Prevention, and Expungement
EVICTION TOPICS AND ISSUES
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Eviction basics
Eviction process and timeline
Reasons for eviction cases
Defenses to eviction cases
Resolving an eviction cases after it is filed
Preventing eviction before it happens
Effect of eviction case (or “UD”) on rental history
Legal standards for expungement
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Discretionary expungement
Mandatory expungement
Common law/inherent authority expungement
Miscellaneous considerations
Eviction basics
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An “eviction” is a legal action to get a court order
to force a tenant (or other person) to move from a
house, apartment, or other dwelling.
“Eviction action” refers to the legal court action and
process to evict someone.
Some people still refer to “unlawful detainer” cases
or “UDs” – they are talking about eviction actions.
A notice to vacate or notice to quit is not an eviction
action, though some people think of a notice to
move as an eviction notice.
Eviction process and timeline
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A landlord can file an eviction action at any time the
landlord believes the tenant is in default under the
lease, including not paying rent on time or breaking a
rule in the lease.
A landlord files a complaint.
The court issues a summons for the tenant to show up at
a hearing in 7-14 days.
The landlord serves the summons and complaint on the
tenant.
At the hearing most cases settle with repayment or
move-out agreements.
Eviction process and timeline
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If the court enters judgment for the landlord, the
landlord will be able to get a writ of recovery.
The Sheriff delivers the writ to the property, giving
the tenant 24 hours to move.
If the tenant does not move, the Sheriff can remove
the tenant from possession after 24 hours.
The whole process unfolds over 2-4 weeks.
So, a tenant with no defense usually has 2 weeks or
so to move after getting served with court papers
before the Sheriff will execute the writ.
EVICTION PROCESS AND TIMELiNE
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If the case does not settle and the tenant raises
defenses, the court holds a trial.
The court may order judgment for the landlord.
 The court may allow the tenant to redeem (pay to stay) in a
rent case if the tenant owes rent.
 The court may order judgment for the tenant.
 Any judgment by the court is for possession only – the
landlord does not get a money judgment for unpaid rent.
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If the case does not settle and the tenant has no
defenses, the tenant can ask for 7 days to redeem (in a
rent case) or to move (in all cases).
REASONS FOR EVICTION
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There are three common reasons for eviction in
landlord-tenant relationships:
Nonpayment of rent
 Breach of lease
 Holding over after expiration of lease or notice to quit
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Nonpayment of rent is by far the most common reason
for eviction.
Breach of lease is second most common, including claims
for noisy/disruptive behavior, police calls, unauthorized
tenants/pets, and unpaid utility bills.
Holding over claims are somewhat rare.
SOME DEFENSES TO ALL EVICTIONS
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Improper service of the court papers
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Failure to disclose name and address of landlord or agent
for service of process
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The tenant must be properly served 7 days before the court
hearing.
The landlord must strictly comply with the rules for serving
eviction papers – landlords frequently fail to follow the law on
service by mailing and posting.
Some landlords use a post office box or commercial mailbox
store address.
Wrong filing party
Failure of corporate landlords to act in court through an
attorney
SOME DEFENSES TO EVICTION – rent
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The tenant can redeem (pay to stay) by bringing the
unpaid rent to court.
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The tenant can get seven days to pay the costs of the action
(filing fee and process service fee).
The tenant can claim habitability problems (called a
Fritz defense) and pay unpaid rent into court to have
the court decide if rent is owing.
A landlord cannot evict a tenant after taking a partial
payment of rent in arrears unless the landlord and
tenant have a written agreement allowing this.
A landlord cannot evict a tenant for illegal late fees
that are over 8 percent of the unpaid rent.
Some defenses to eviction – breach of
lease
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A landlord must prove a breach with admissible
evidence -- usually, that means testimony or other
evidence from a witness with personal knowledge.
For a landlord to evict for breach of lease, the breach
must be material.
A landlord may not evict a tenant unless there is a right
of reentry clause in the lease.
A landlord may waive the right to evict for breach of
lease by accepting rent with knowledge of the breach.
It is illegal to evict someone simply for calling for police
or emergency assistance for domestic abuse or any
other conduct.
SOME DEFENSES TO EVICTION –
HOLDING OVER CLAIMS
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To evict a tenant for holding over after a notice to quit, the
notice must be proper.
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Retaliation is a defense to an eviction claim for holding over
past the move-out date in a notice to quit.
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A notice generally must be effective at the end of a rent period
(usually at the end of a month).
A notice usually can’t be effective in the middle of a month or
given for a period of less than a month.
If a tenant asserted her or his rights within the 90 days before a
landlord’s notice to quit, there is a presumption of retaliation.
A landlord may waive a claim for eviction for holding over
past the move-out date in a notice to quit.
RESOLVING an EVICTION CASe
after it is filed
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Most eviction cases settle.
A tenant should do the following in a settlement:
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Agree to realistic repayment or move-out terms.
Put the agreement in writing.
Be clear about whether or not a writ can issue for a breach of the
settlement.
Have the landlord to acknowledge any mistakes in filing.
Have the landlord agree to support (or not to oppose)
expungement.
What is a reasonable settlement depends on the case.
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A tenant with a good defense has a basis for a middle-ground
settlement that is better than a tenant in the same situation with
no defense.
PREVENTING EVICTIONS
BEFORE THEY HAPPEN
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“Pay your rent and obey your lease.”
A tenant should maintain good lines of communication with a
landlord.
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It is usually best to let a landlord know if a problem arises to try
to prevent a filing based on incomplete or inaccurate information.
Try to settle a dispute to avoid an eviction court filing.
If the landlord will not work out a pre-filing settlement, then
the tenant can move to try to avoid an eviction court filing.
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This may be a better outcome than facing an eviction in court and
all of the consequences that go along with the filing.
FINAL THOUGHTS ON EVICTION
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Evictions move quickly by design.
Often, neither side has an attorney in an eviction case.
There are many defenses that arise in eviction cases –
landlords and tenants should seek legal advice to avoid
mistakes and to identify legal issues.
Identifying defenses and raising them can be important
to improve a tenant’s chances for a good settlement or
victory in court.
Part of the goal in assisting a tenant facing eviction
should be planning to set the case up for a later
expungement motion.
LEGAL Resources for people facing
eviction
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Hennepin County
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Mid-Minnesota Legal Aid: (612) 334-5970
Housing Court Project (Legal Aid and Volunteer Lawyers Network)
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Location: Housing Court, 3rd Floor – Henn. Cty. Gov’t. Ctr.
Hours
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Ramsey County
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Monday through Friday: 12:30 p.m.-4:00 p.m.
Tuesday, Wednesday, and Friday: 8:30 a.m.-noon
St. Paul Legal Aid Office: (651) 222-4731
Other Counties
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There is a legal services program serving every county in
Minnesota.
Basic considerations iN RequestiNG
EXPUNGEMENT
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Generally, court files are public
 Expungement
erases the public record of an eviction
action
 Extraordinary to make a court action a secret from the
public
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Generally, expungement is discretionary
Effect of eviction case on rental history
of a tenant
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Mere filing of eviction case creates public record
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Eviction case filings tracked by tenant screening agencies
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Record remains public regardless of outcome, even if case is
dismissed or tenant wins judgment on the merits
Eviction case records preserved indefinitely in the Minnesota
Court Information System (MNCIS)
Local, specialized credit reporting agencies
Eviction case records can be reported for seven years
One eviction case in rental history will often lead to denial
of rental application
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If application is approved, eviction case in rental history may
lead to double damage deposit, rent premium, month-to-month
lease instead of term lease, etc.
LEGAL STANDARD –
DISCRETIONARY EXPUNGEMENT
Minn. Stat. § 484.014, subd. 2
The court may order expungement of an eviction case
court file only upon motion of a defendant and decision
by the court, if the court finds that the plaintiff's case is
sufficiently without basis in fact or law, which may include
lack of jurisdiction over the case, that expungement is
clearly in the interests of justice and those interests are not
outweighed by the public's interest in knowing about the
record.
Legal standard –
discretionary expungement
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Three-part test for discretionary expungement:
 Whether
case was sufficiently without basis in fact or
law
 Whether expungement is in the interests of justice
 Whether interests of justice are outweighed by the
public’s interests in knowing about the record
Legal standard –
discretionary expungement
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Interpretation and application of test
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First part of test – lack of sufficient basis in fact or law – may be
determinative of a Motion for Expungement in Hennepin County District
Court
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Recent trend in emphasis on second and third parts of test
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Met by showing a jurisdictional, procedural, or substantive defect
May hinge on interpretation and application of law governing claimed
defect in the case
No defect in case  expungement unlikely
May be helpful to have evidence of denial of rental application based on
record of eviction case
Useful to describe family circumstances and importance of housing stability
for the moving party
Dependent on venue – learn as much as possible about the audience for
the argument
LEGAL STANDARD –
MANDATORY EXPUNGEMENT
Minn. Stat. § 484.014, subd. 3
The court shall order expungement of an eviction case commenced solely on
the grounds provided in section 504B.285, subdivision 1, clause (1), if the
court finds that the defendant occupied real property that was subject to
contract for deed cancellation or mortgage foreclosure and:
(1) the time for contract cancellation or foreclosure
redemption has
expired and the defendant vacated the
property prior to commencement
of the eviction action;
or
(2) the defendant was a tenant during the contract
cancellation or
foreclosure redemption period and did
not receive a notice under section
504B.285, subdivision
1a, 1b, or 1c, to vacate on a date prior to
commencement of the eviction case.
LEGAL STANDARD –
INHERENT AUTHORITY
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Tests from State v. C.A., 304 N.W.2d 353 (Minn.
1981)
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Whether expungement is necessary to the performance of a
judicial function
Whether expungement will yield a benefit to the moving party
commensurate with the disadvantages to the public from the
elimination of the record and the burden on the court in issuing
and enforcing the order
LEGAL STANDARD –
INHERENT AUTHORITY
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Common law inherent authority standard
Derived from interpretation of separation of powers
doctrine under state constitution
 Exercise of relief under standard is discretionary and
equitable – test of fairness under particularized facts and
circumstances
 Now explicitly acknowledged in eviction judgment statute –
Minn. Stat. § 504B.345, subd. 1(c)(2)
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State v. M.D.T., 831 N.W.2d 276 (Minn. 2013)
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Expungement of criminal records held by the executive
branch not necessary to the performance of a unique
judicial function
PROCEDURE
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Motion
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Statutory elements
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Argue defects in the record of the case or provable facts that
show lack of factual or legal basis for the case
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Cite to statute, rule, or case that is authoritative or persuasive on any
claimed defect
Include supporting documents and photographs as exhibits
Explain injustice or hardship resulting from record of the case, with
supporting evidence
 Explain how or why the record of the case not of interest to the
public
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Inherent authority
Outline of sympathetic facts and circumstances
 Opportunity for creativity
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PROCEDURE
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Basic steps and timeline:
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Draft Motion and Affidavit to Proceed In Forma Pauperis for
verification by the defendant/tenant
E-File (or File at Housing Court if Pro Se) IFP Affidavit and Motion
with Supporting Exhibits (and a Certificate of Representation, if
applicable)
Court issues IFP Order and schedules hearing, typically 4-8
weeks after filing of Motion in Hennepin County
Court issues Order on service of Motion and filing of Affidavit(s)
of Service
E-Serve (and/or Mail) Motion, Exhibits, and Order at least 10
days prior to hearing
E-file (or File at Housing Court if Pro Se) Affidavit of Service at
least 3 business days before hearing
Factors affecting the outcome of an
expungement motion
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Primary factor favoring expungement
An undisputed or proven jurisdictional, procedural, or
substantive defect in the eviction case
 Examples
of legal issues potentially supporting
expungement
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Improper service of the Summons and Complaint
 Filing of the action by the wrong plaintiff
 Landlord’s failure to disclose a street address at least 30 days
prior to commencement of the eviction action
 Serious habitability problems
 Landlord’s waiver of claim by acceptance of rent
 Mootness of case (tenant moved out before action commenced)
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Factors affecting the outcome of an
expungement motion
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Additional factors favoring expungement
Past success – dismissal or judgment for tenant
 Lapse of time since eviction case was filed(5-10 years)
 Lack of other eviction cases in the tenant’s rental history
 Lack of opposition to Motion
 Demonstration of actual harm caused by the existence of
the record (e.g., multiple denials of applications for housing
or credit, double- or triple-rent security deposit, etc.)
 Credibility and positive, respectful demeanor at the hearing
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FACTORS AFFECTING THE OUTCOME
OF AN EXPUNGEMENT MOTION
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Primary factor weighing against expungement
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Lack of undisputed or proven defect in the case
Additional factors weighing against expungement:
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Extraordinary nature of relief – elimination of public record
Tendency to consider substance over procedure, e.g., unpaid rent at the
time of the filing of the eviction case
Procedural history
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Default judgment against tenant
Judgment against tenant for failure to meet deadline imposed by court
Violation of settlement agreement by tenant
Recency of case
Opposition by the landlord
Settlement of case without having raised or reserved issues for later
Motion
STEPS AFTER MOTION GRANTED
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Court will expunge/erase the public record of the case
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File purged and MNCIS entry deleted
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Important to check to make sure this happens
General timeline is 2-4 weeks after order granting Motion
Tenant must notify local tenant screening agencies to
delete references to the case in their records
Letter and copy of expungement order
 http://povertylaw.homestead.com/ResidentialUnlawfulDetai
ner.html
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List of tenant screening agencies
Apartment Services Plus (ASP)
6110 Blue Circle Drive, Suite 275
Minnetonka, MN 55343
(952) 925-9592
www.aspscreening.com
production@aspscreening.com
Rental Research Services, Inc.
7525 Mitchell Road, Suite 301
Eden Prairie, MN 55344
(952) 935-5700
www.rentalresearch.com
info@rentalresearch.com
Multi-Housing Credit Control (MCC)
10125 Crosstown Circle, Suite 100
Eden Prairie, MN 55344
(952) 941-0552
www.mccgrp.com
consumercare@mccgrp.com
Twin City Tenant Check
910 Ivy Avenue East
St. Paul, MN 55106
(651) 224-3002
www.tcofmn.com
info@tcofmn.com
Rental History Reports, Inc.
701 Fifth Street South
Hopkins, MN 55343
(952) 545-3953
http://www.rentalhistoryreports.com/
https://www.rentalhistoryreports.com/contact
/index.php
First Check
6910 Idsen Avenue South
Cottage Grove, MN 55016
Miscellaneous issues
and considerations
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Discrepancy in file maintenance and MNCIS record
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Requesting immediate expungement in cases in which tenant
prevails
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Up until mid-2012, paper files for non-judgment cases were
destroyed after one year – but MNCIS record remains
Can be used to tenant’s advantage – the public has an interest in
complete and accurate records
Defect that leads to dismissal/judgment for tenant is probably a
solid basis for expungement
New statute: Minn. Stat. § 504B.345
Option to seek judge review if Motion is denied
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Good option if issue for review regards interpretation and/or
application of the law governing a claimed defect in the case
CONTACT INFORMATION
Drew P. Schaffer, Managing Attorney
Mid-Minnesota Legal Aid
430 First Avenue North, Suite 300
Minneapolis, MN 55401-1780
Electronic Mail: dpschaffer@mylegalaid.org
Telephone/Facsimile: 612.746.3644
Legal Aid Intake: 612.334.5970
Success stories
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Joe Groshens, Options for Independence
Program and policy updates
Wrap-up
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Comments or questions?
 DHS
Housing Options email:
dhs.housingoptions@state.mn.us
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Presentation and materials available:
http://mn.hb101.org/
Complete evaluation
Future sessions
Take some time to network!
Steering Committee Members

Kate Erickson, Department of Corrections

Heidi Sandberg*, DHS (Section 811)
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Vicki Farden, Minnesota Housing Finance
Agency (Supportive Housing)
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Alicia Smith, DHS (Indian Policy)
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Ed Sootsman, Hennepin County
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Colleen Fodness, Dakota County
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Julie Grothe, Guild, Inc.
Nan Stubenvoll, DHS (Alternatives to Foster
Care)
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Mari Moen, DHS (Direct Care and Treatment) 
Lynette Studer, DHS (Transition to Community)

Jeannie Nelson, DHS (Moving Home
Minnesota)
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Gary Travis, DHS (PATH, PSH)
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Sarah Tripple*, Washington County
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Becky Melang, CSH

Julia Welle Ayres,* DHS (Housing)
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Nichole Meyer, Wright County
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Alison Niemi*, DHS (Housing)
Dianne Wilson, DHS (Alcohol and Drug Abuse
Division)
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Kelsey Nyline, Fraser
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Stacey Ray, Catholic Charities
Leah Zoladkiewicz, Department of Human
Services (DHS) (HCBS)
*Planning Committee Members