reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327 — Hotels, Motels, Resorts, And Manufactured Homes › Section 327.72 — Overstaying Guests.

327.72 OVERSTAYING GUESTS.
A guest who intentionally continues to occupy an assigned room in a hotel beyond the scheduled departure date without the prior written approval of the innkeeper shall be deemed to be a trespasser.
History:
1982 c 517 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327 — Hotels, Motels, Resorts, And Manufactured Homes › Section 327.731 — Liability; Notice.

327.731 LIABILITY; NOTICE.
Subdivision 1.
Liability.
(a) A person who negligently or intentionally causes damage to the hotel or any furniture or furnishings within the hotel, is liable for damages sustained by the innkeeper, including the hotel's loss of revenue resulting from the inability to rent or lease rooms while the damage is being repaired.
(b) A person who negligently or intentionally causes injury to any person or damage to any personal property of the person on the hotel premises is liable for the injury or damage.
(c) A parent or guardian of a minor also is liable for acts of the minor described in paragraphs (a) and (b), if the parent or guardian provides a credit card or an advance cash deposit under section 327.73, subdivision 2, paragraph (b).
Subd. 2.
Notice required.
An innkeeper shall keep a copy of section 327.73 and this section clearly and conspicuously posted at or near the front desk and on the inside of the entrance door of every guest room.
History:
1993 c 151 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327 — Hotels, Motels, Resorts, And Manufactured Homes › Section 327.74 — Setting Fire To Hotel Belongings.

327.74 SETTING FIRE TO HOTEL BELONGINGS.
Subdivision 1.
Penalty.
A person in a hotel who, by smoking or attempting to light or smoke cigarettes, cigars, pipes, or other smoking material, in any manner in which lighters or matches are used, negligently sets fire to a part of the building, or any furniture or furnishings within the building, so as to endanger life or property in any way or to any extent, is guilty of a gross misdemeanor.
Subd. 2.
Notice required.
In every sleeping room of every hotel, a notice shall be posted in a conspicuous place, advising the occupant of the provisions of this section.
History:
1982 c 517 s 5; 1993 c 151 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327 — Hotels, Motels, Resorts, And Manufactured Homes › Section 327.75 — Fraud; Proof Of Fraud.

327.75 FRAUD; PROOF OF FRAUD.
Subdivision 1.
Fraud.
A person who obtains food, lodging or other accommodations at any hotel or restaurant without paying therefor, with intent to defraud the owner or manager, or who obtains credit for food, lodging, or other accommodations at any hotel or restaurant, with intent to defraud the owner or manager, is guilty of a misdemeanor.
Subd. 2.
Proof of fraud.
Prima facie evidence of the fraudulent intent referred to in subdivision 1 includes:
(a) proof that the person obtained the services or credit for the services by false pretense, or by false or fictitious show or pretense of baggage or other property;
(b) proof that the person refused or neglected to pay for the services upon demand;
(c) proof that the person gave in payment of the services negotiable paper on which payment was refused;
(d) proof that the person absconded without offering to pay for the services; or
(e) proof that the person surreptitiously removed or attempted to remove baggage owned by that person.
History:
1982 c 517 s 6; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327 — Hotels, Motels, Resorts, And Manufactured Homes › Section 327.76 — Innkeeper's Lien.

327.76 INNKEEPER'S LIEN.
Subdivision 1.
Lien created.
An innkeeper shall have a lien upon the valuables, baggage or other property of a guest brought into the innkeeper's hotel, for the proper charges due on account of the guest's accommodation, board, room and lodging, for all money paid out for or advanced to the guest, for extras furnished to the guest at the guest's written request, and for the costs of enforcing the lien. The innkeeper's lien right is in addition to the innkeeper's right to recover payment from the guest under other legal or equitable theories or causes of action. However, possession of the valuables, baggage or other property subject to the lien may be taken, and the lien enforced, only in the manner provided in subdivisions 2 and 3.
Subd. 2.
Possession prior to final judgment.
The lien created in subdivision 1 may be enforced only after final judgment in an action brought to recover the charges and moneys. During the pendency of the proceeding, the plaintiff may take possession of the valuables, baggage or other property upon an order issued by the court, if it appears to the court from an affidavit filed by or on behalf of the plaintiff that the valuables, baggage or other property is about to be destroyed, substantially devalued or removed from the premises. Ten days' written notice of the hearing on the motion for the order shall be served on the defendant and shall inform the defendant that affidavits may be filed and testimony presented on behalf of the defendant, and that if the defendant fails to appear the plaintiff will apply to the court for the order. The plaintiff shall file a bond approved by the court conditioned for the return of the property to the defendant, if a return be adjudged, and for the payment to defendant of any sum adjudged against the plaintiff. The bond shall be in the amount fixed by the court. Upon an order issued by the court, the plaintiff shall have the right to take possession of the valuables, baggage or other property pending final judgment in the plaintiff's action to recover charges or moneys owed.
Subd. 3.
Final judgment; sale.
If final judgment is entered by the court for the defendant on the merits of the action, the plaintiff shall return possession of the valuables, baggage or other property to the defendant and pay to the defendant costs incurred by the defendant in defending against the plaintiff's claim. If final judgment is entered by the court in favor of the plaintiff, and if the judgment is not satisfied within 30 days, the valuables, baggage or other property subject to the innkeeper's lien may be sold at public auction to satisfy the lien, the costs of the action to enforce the lien, and the costs of sale. The sale shall be made by a sheriff upon the notice and in the manner provided for in sections 550.18 to 550.20.
History:
1982 c 517 s 7; 1986 c 444; 2005 c 10 art 2 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327A — Housing; Statutory Warranties › Section 327A.03 — Exclusions.

327A.03 EXCLUSIONS.
The liability of the vendor or the home improvement contractor under sections 327A.01 to 327A.07 is limited to the specific items set forth in sections 327A.01 to 327A.07 and does not extend to the following:
(a) loss or damage not reported by the vendee or the owner to the vendor or the home improvement contractor in writing within six months after the vendee or the owner discovers or should have discovered the loss or damage; unless the vendee or owner establishes that the vendor or home improvement contractor had actual notice of the loss or damage;
(b) loss or damage caused by defects in design, installation, or materials which the vendee or the owner supplied, installed, or directed to be installed;
(c) secondary loss or damage such as personal injury or property damage;
(d) loss or damage from normal wear and tear;
(e) loss or damage from normal shrinkage caused by drying of the dwelling or the home improvement within tolerances of building standards;
(f) loss or damage from dampness and condensation due to insufficient ventilation after occupancy;
(g) loss or damage from negligence, improper maintenance or alteration of the dwelling or the home improvement by parties other than the vendor or the home improvement contractor;
(h) loss or damage from changes in grading of the ground around the dwelling or the home improvement by parties other than the vendor or the home improvement contractor;
(i) landscaping or insect loss or damage;
(j) loss or damage from failure to maintain the dwelling or the home improvement in good repair;
(k) loss or damage which the vendee or the owner, whenever feasible, has not taken timely action to minimize;
(l) loss or damage which occurs after the dwelling or the home improvement is no longer used primarily as a residence;
(m) accidental loss or damage usually described as acts of God, including, but not limited to: fire, explosion, smoke, water escape, windstorm, hail or lightning, falling trees, aircraft and vehicles, flood, and earthquake, except when the loss or damage is caused by failure to comply with building standards;
(n) loss or damage from soil movement which is compensated by legislation or covered by insurance;
(o) loss or damage due to soil conditions where construction is done upon lands owned by the vendee or the owner and obtained by the vendee or owner from a source independent of the vendor or the home improvement contractor;
(p) in the case of home improvement work, loss or damage due to defects in the existing structure and systems not caused by the home improvement.
History:
1977 c 65 s 3; 1981 c 119 s 7; 1986 c 444; 2010 c 343 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327A — Housing; Statutory Warranties › Section 327A.04 — Waiver And Modification Limited.

327A.04 WAIVER AND MODIFICATION LIMITED.
Subdivision 1.
Waiver.
Except as provided in subdivisions 2 and 3, the provisions of sections 327A.01 to 327A.08 cannot be waived or modified by contract or otherwise. Any agreement which purports to waive or modify the provisions of sections 327A.01 to 327A.08, except as provided in subdivisions 2 and 3 of this section, shall be void.
Subd. 2.
Modification.
At any time after a contract for the sale of a dwelling is entered into by and between a vendor and a vendee or a contract for home improvement work is entered into by and between a home improvement contractor and an owner, any of the warranties provided for in section 327A.02 may be excluded or modified only by a written instrument, printed in boldface type of a minimum size of ten points, which is signed by the vendee or the owner and which sets forth in detail the warranty involved, the consent of the vendee or the owner, and the terms of the new agreement contained in the writing. No exclusion or modification shall be effective unless the vendor or the home improvement contractor provides substitute express warranties offering substantially the same protections to the vendee or the owner as the statutory warranties set forth in section 327A.02. Any modification or exclusion agreed to by vendee and vendor or the owner and home improvement contractor pursuant to this subdivision shall not require the approval of the commissioner of labor and industry pursuant to section 327A.07.
Subd. 3.
Exception.
If a major construction defect is discovered prior to the sale of a dwelling, the warranty set forth in section 327A.02, subdivision 1, clause (c) may be waived for the defect identified in the waiver instrument, after full oral disclosure of the specific defect, by an instrument which sets forth in detail: the specific defect; the difference between the value of the dwelling without the defect and the value of the dwelling with the defect, as determined and attested to by an independent appraiser, contractor, insurance adjuster, engineer or any other similarly knowledgeable person selected by the vendee; the price reduction; the date the construction was completed; the legal description of the dwelling; the consent of the vendee to the waiver; and the signatures of the vendee, the vendor, and two witnesses.
A single waiver agreed to pursuant to this subdivision may not apply to more than one major construction defect in a dwelling.
The waiver shall not be effective unless recorded with the county recorder or registrar of titles who shall file the waiver for record.
History:
1977 c 65 s 4; 1981 c 119 s 8; 2005 c 4 s 61; 2008 c 337 s 59; 2009 c 91 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327A — Housing; Statutory Warranties › Section 327A.05 — Remedies.

327A.05 REMEDIES.
Subdivision 1.
New home warranties.
Upon breach of any warranty imposed by section 327A.02, subdivision 1, the vendee shall have a cause of action against the vendor for damages arising out of the breach, or for specific performance. Damages shall be limited to:
(a) the amount necessary to remedy the defect or breach; or
(b) the difference between the value of the dwelling without the defect and the value of the dwelling with the defect.
Subd. 2.
Home improvement warranty.
Upon breach of any warranty imposed by section 327A.02, subdivision 3, the owner shall have a cause of action against the home improvement contractor for damages arising out of the breach, or for specific performance. Damages shall be limited to the amount necessary to remedy the defect or breach.
History:
1977 c 65 s 5; 1981 c 119 s 9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327A — Housing; Statutory Warranties › Section 327A.06 — Other Warranties.

327A.06 OTHER WARRANTIES.
The warranties provided for in section 327A.02 shall be in addition to all other warranties imposed by law or agreement. The remedies provided in section 327A.05 shall not be construed as limiting the remedies in any action not predicated upon breach of the statutory warranties imposed by section 327A.02.
History:
1977 c 65 s 6; 2009 c 91 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327A — Housing; Statutory Warranties › Section 327A.07 — Variations.

327A.07 VARIATIONS.
The commissioner of labor and industry may approve pursuant to sections 14.05 to 14.28, variations from the provisions of sections 327A.02 and 327A.03 if the warranty program of the vendor or the home improvement contractor requesting the variation offers at least substantially the same protections to the vendee or owner as provided by the warranties set forth in section 327A.02.
History:
1977 c 65 s 7; 1981 c 119 s 10; 1982 c 424 s 130; 1995 c 233 art 2 s 56; 2008 c 337 s 60; 2009 c 91 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327A — Housing; Statutory Warranties › Section 327A.08 — Limitations.

327A.08 LIMITATIONS.
Notwithstanding any other provision of sections 327A.01 to 327A.08:
(a) the terms of the home improvement warranties required by sections 327A.01 to 327A.08 commence upon completion of the home improvement and the term shall not be required to be renewed or extended if the home improvement contractor performs additional improvements required by warranty;
(b) the home improvement warranties required by sections 327A.01 to 327A.08 shall not include products or materials installed that are already covered by implied or written warranty; and
(c) the warranties required by sections 327A.01 to 327A.08 must be set forth as written warranty instruments and must be included as part of the construction contract. The warranties and the exclusions under section 327A.03, the right to inspect and offer to repair under section 327A.02, subdivisions 4 and 5, and the home warranty dispute resolution process under section 327A.051 must be conveyed in writing to the owner. Failure to comply with this paragraph is a violation of section 326B.84.
(d) If the warranties required by sections 327A.01 to 327A.08 are not provided to the owner in writing as required by paragraph (c), they are implied statutory warranties that have the same effect as if the vendor or home improvement contractor had complied with paragraph (c).
(e) The owner's right under this section to receive the written warranty required under this section may not be waived or modified by contract or otherwise. Any agreement that purports to waive or modify the right to the written warranty required under this section is void.
(f) This section does not limit the ability of the vendor or home improvement contractor and the owner to enter into the agreements permitted under section 327A.04, subdivisions 2 and 3.
History:
1981 c 119 s 11; 1997 c 7 art 1 s 126; 2009 c 91 s 4; 2010 c 343 s 12
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327B — Manufactured Home Sales › Section 327B.02 — Warranties.

327B.02 WARRANTIES.
Subdivision 1.
Implied warranties.
Every sale of a new manufactured home in this state is made with an implied warranty that the manufactured home conforms in all material aspects to applicable federal or state laws and regulations establishing standards of safety or quality, and with implied warranties of merchantability and fitness for particular purpose as permanent housing in the climate of this state.
Subd. 2.
Express warranties permitted.
This section does not prohibit a manufacturer or dealer from making express warranties with respect to a manufactured home, but a manufacturer or dealer may not limit, modify or disclaim the warranties implied by subdivision 1.
Subd. 3.
Limitations void.
Any attempt to exclude, limit or modify any rights or remedies created by the warranties implied by this section is void.
History:
1982 c 526 art 1 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327B — Manufactured Home Sales › Section 327B.03 — Warranties; Duration, Honoring.

327B.03 WARRANTIES; DURATION, HONORING.
Subdivision 1.
Duration.
The warranties implied by section 327B.02 shall run for a period of one year from the date of delivery of the manufactured home to the consumer customer.
Subd. 2.
Notice and cooperation by buyer.
To invoke either a warranty implied by section 327B.02 or an express warranty made by the manufacturer the buyer must notify the dealer and the manufacturer within a reasonable time after discovering the breach and not later than 90 days after the expiration of the warranty. To invoke an express warranty made by the dealer, the buyer must notify the dealer within a reasonable time after discovering the breach and not later than 90 days after the expiration of the warranty. After giving the notice the buyer must allow reasonable opportunity for the service or repair.
Subd. 3.
Responsibility to honor.
The manufacturer and dealer, jointly and severally, shall service or repair a manufactured home at its site within a reasonable time after receiving written notice of breach of either a warranty implied by section 327B.02 or an express warranty made by the manufacturer. The dealer shall service or repair a manufactured home at its site within a reasonable time after receiving written notice of breach of an express warranty made by the dealer.
History:
1982 c 526 art 1 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327B — Manufactured Home Sales › Section 327B.041 — Manufactured Home Installers.

327B.041 MANUFACTURED HOME INSTALLERS.
(a) Manufactured home installers are subject to all of the fees in section 326B.092 and the requirements of sections 326B.802 to 326B.885, except for the following:
(1) manufactured home installers are not subject to the continuing education requirements of sections 326B.0981, 326B.099, and 326B.821, but are subject to the continuing education requirements established in rules adopted under section 327B.10;
(2) the examination requirement of section 326B.83, subdivision 3, for manufactured home installers shall be satisfied by successful completion of a written examination administered and developed specifically for the examination of manufactured home installers. The examination must be administered and developed by the commissioner. The commissioner and the state building official shall seek advice on the grading, monitoring, and updating of examinations from the Minnesota Manufactured Housing Association;
(3) a local government unit may not place a surcharge on a license fee, and may not charge a separate fee to installers;
(4) a dealer or distributor who does not install or repair manufactured homes is exempt from licensure under sections 326B.802 to 326B.885;
(5) the exemption under section 326B.805, subdivision 6, clause (5), does not apply; and
(6) manufactured home installers are not subject to the contractor recovery fund in section 326B.89.
(b) The commissioner may waive all or part of the requirements for licensure as a manufactured home installer for any individual who holds an unexpired license or certificate issued by any other state or other United States jurisdiction if the licensing requirements of that jurisdiction meet or exceed the corresponding licensing requirements of the department and the individual complies with section 326B.092, subdivisions 1 and 3 to 7.
History:
1993 c 9 s 4; 1997 c 206 s 11; 2007 c 140 art 8 s 9,30; art 13 s 4; 2009 c 86 art 1 s 60; 2010 c 347 art 3 s 72; 1Sp2011 c 4 art 3 s 58; 1Sp2019 c 1 art 6 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327B — Manufactured Home Sales › Section 327B.042 — Notice To Commissioner.

327B.042 NOTICE TO COMMISSIONER.
Subdivision 1.
Notification.
A person licensed as a dealer, limited dealer, or manufacturer shall notify the commissioner of the occurrence of any of the events in subdivisions 2 to 5.
Subd. 2.
Change in application information.
A licensee shall notify the commissioner in writing within ten days of the change of any change in information contained in the most recent license application on file with the commissioner, which shall include any change in the information pertaining to the individual designated under section 327B.04, subdivision 8, clause (1), item (vi).
Subd. 3.
Civil judgment.
A licensee shall notify the commissioner in writing within ten days of any decision of a court regarding a proceeding in which the licensee was named as a defendant, and in which fraud, misrepresentation, or the conversion of funds was found to have been committed by the licensee.
Subd. 4.
Disciplinary action in another state.
A licensee shall notify the commissioner in writing within ten days of the condition, reprimand, censure, limitation, suspension, or revocation of any other professional or occupational license, registration, permit, or certificate held by the licensee in this or any other state, or any other United States jurisdiction.
Subd. 5.
Criminal offense.
A licensee shall notify the commissioner in writing within ten days if the licensee is found guilty of a felony, gross misdemeanor, misdemeanor, or any comparable offense related to manufactured home sales, improper business practices, fraud, misrepresentation, misuse of funds, or violation of the consumer laws in this or any other state, or any other United States jurisdiction.
History:
2007 c 140 art 4 s 57
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327B — Manufactured Home Sales › Section 327B.06 — Dealer's Records.

327B.06 DEALER'S RECORDS.
Subdivision 1.
Retention.
A dealer shall retain for five years copies of all listings, deposit receipts, credit applications, contracts, disclosure forms, canceled checks, trust account records and other documents reasonably related to carrying on the business of a dealer. The retention period shall run from the date of the closing of the transaction or from the date of the listing if the transaction is not consummated.
Subd. 2.
Examination of records.
The commissioner may make examinations within or without this state of each dealer's records at such reasonable time and in such scope as is necessary to enforce the provisions of sections 327B.01 to 327B.12.
History:
1982 c 526 art 1 s 6; 2008 c 337 s 62
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327B — Manufactured Home Sales › Section 327B.07 — Responsibility Of Dealers.

327B.07 RESPONSIBILITY OF DEALERS.
Subdivision 1.
Liability.
Each dealer is responsible for the activities of any person employed by or acting on behalf of that dealer when the activities occur in connection with the sale or attempted sale of a manufactured home. Each corporation licensed as a dealer is responsible for the activities of any person employed by or acting on behalf of the corporation when such activities occur in connection with the sale or attempted sale of a manufactured home.
Subd. 2.
Salespeople.
Every dealer shall report in writing to the commissioner the full name, date of birth, business and home address of every salesperson employed by the dealer. Within ten days of hiring, firing or otherwise changing the employment status of a salesperson, the dealer shall notify the commissioner in writing. No salesperson shall work for more than one dealer during the same time period.
History:
1982 c 526 art 1 s 7; 1983 c 142 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327B — Manufactured Home Sales › Section 327B.095 — Interest, Points, Finance Charges, Fees, And Other Charges.

327B.095 INTEREST, POINTS, FINANCE CHARGES, FEES, AND OTHER CHARGES.
Subdivision 1.
Financed interest, points, finance charges, fees, and other charges.
(a) A manufactured home lender making or modifying a manufactured home loan to a borrower located in this state must not include in the principal amount of any loan, all or any portion of any lender fee in an aggregate amount exceeding:
(1) five percent of the loan amount for loans over $60,000;
(2) six percent of the loan amount for loans less than $60,000, but greater than or equal to $40,000; or
(3) eight percent of the loan amount for loans of less than $40,000.
(b) "Lender fee" means interest, origination points, finance charges, fees, and other charges payable in connection with the manufactured home loan:
(1) by the borrower to any manufactured home lender or broker or to any assignee of any manufactured home lender or broker; or
(2) by the lender to a broker.
(c) Lender fee does not include discount points, provided there is a concomitant benefit to the borrower, recording fees, taxes, passthroughs, or other amounts that are paid by any person to any government entity, filing office, or other third party that is not a manufactured home lender or broker or to any assignee of any manufactured home lender or broker. Lender fee also does not include any amount that is set aside to pay taxes or insurance on any property securing the manufactured home loan.
(d) "Loan amount" means:
(1) for a line of credit, the maximum principal amount of the line of credit; and
(2) for any other manufactured home loan, the principal amount of the loan, excluding all interest, points, finance charges, fees, and other charges.
(e) A manufactured home lender or broker shall not charge, receive, or collect any excess financed interest, points, finance charges, fees, or other charges described in this subdivision, or any interest, points, finance charges, fees, or other charges with respect to this excess.
Subd. 2.
Prepayment penalties.
No manufactured home loan may contain a provision requiring or permitting the imposition of a penalty, fee, premium, or other charge in the event the manufactured home loan is prepaid in whole or in part unless the penalty, fee, premium, or other charge constitutes consideration for an equal or greater benefit to the borrower.
Subd. 3.
Exemption.
This section does not apply to a manufactured home loan originated by a federal or state chartered bank, savings bank, credit union, or a licensed sales finance company as defined under section 53C.01, subdivision 12.
History:
2008 c 273 s 13
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327B — Manufactured Home Sales › Section 327B.10 — Rulemaking Authority.

327B.10 RULEMAKING AUTHORITY.
The commissioner may promulgate rules and issue orders reasonably necessary to implement and administer the provisions of sections 327B.01 to 327B.12. The commissioner shall adopt rules establishing and approving education programs for manufactured home installers. Each manufactured home installer must satisfactorily complete the continuing education requirements established by the commissioner in rule.
History:
1982 c 526 art 1 s 10; 2007 c 140 art 4 s 59
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327B — Manufactured Home Sales › Section 327B.11 — Recourse To The Bond.

327B.11 RECOURSE TO THE BOND.
Subdivision 1.
Consumer claimants.
Any consumer customer sustaining injuries within the terms of a surety bond issued pursuant to section 327B.04 may proceed against the principal and surety without making the state a party to the proceedings. Provided, however, that the aggregate liability of the surety to all persons for all losses or damages shall in no event exceed the amount of the bond.
Subd. 2.
Payment of claims; notice to commissioner.
Before paying any claim against a surety bond, the surety company must first notify the commissioner in writing of the amount of the claim, the basis of the claim and the surety company's intention to pay the claim. Unless the commissioner objects in writing within ten days of receiving the notice, the surety company may proceed upon its intention. The commissioner's failure to object is not evidence of the validity of the claim or of the propriety of paying the claim. The commissioner shall object only with reasonable grounds to believe that paying the claim will reduce the obligation of the bond to an amount less than the total amount of other outstanding and valid claims against the bond.
Subd. 3.
Application for a referee.
Within 15 days of objecting to the payment of a claim, the commissioner shall apply to the district court for an order:
(a) directing the surety company to pay the full obligation of the bond into court; and
(b) appointing a referee to hear claims against the bond and to propose to the court the proper distribution of the bond proceeds.
The surety company and the principals on the bond shall be parties to the proceedings.
History:
1982 c 526 art 1 s 11; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327B — Manufactured Home Sales › Section 327B.12 — Additional Remedies And Enforcement.

327B.12 ADDITIONAL REMEDIES AND ENFORCEMENT.
Subdivision 1.
Private remedies.
(a) Any person injured or threatened with injury by a dealer or manufacturer's violation of sections 327B.01 to 327B.12 may bring a private action in any court of competent jurisdiction.
(b) A borrower injured by a violation of the standards, duties, prohibitions, or requirements of sections 327B.08, subdivision 6; 327B.09, subdivision 6; or 327B.095, shall have a private right of action and the court shall award actual, incidental, and consequential damages.
Subd. 2.
Fraud remedies.
In addition to the remedies provided in sections 327B.01 to 327B.12, any violation of section 327B.08 or 327B.09 is a violation of section 325F.69, subdivision 1 and the provisions of section 8.31 shall apply. A private right of action by the borrower under this chapter is in the public interest.
History:
1982 c 526 art 1 s 12; 2008 c 273 s 14; 2014 c 275 art 1 s 105
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.025 — Resident Copies.

327C.025 RESIDENT COPIES.
The park owner shall give a copy of the signed rental agreement to each resident with a copy of the evacuation or shelter plan attached.
History:
1994 c 592 s 3; 2022 c 55 art 2 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.04 — Utility Charges.

327C.04 UTILITY CHARGES.
Subdivision 1.
Billing permitted.
A park owner who either provides utility service directly to residents or who redistributes to residents utility service provided to the park owner by a utility provider may charge the residents for that service, only if the charges comply with this section.
Subd. 2.
Metering required.
A park owner who charges residents for a utility service must charge each household the same amount, unless the park owner has installed measuring devices which accurately meter each household's use of the utility. Utility measuring devices installed by the park owner must be installed or repaired only by a licensed plumber, licensed electrician, or licensed manufactured home installer.
Subd. 3.
Permissible rates.
Except as provided in subdivision 4, no park owner shall, directly or indirectly, charge or otherwise receive payment from a resident for a utility service, or require a resident to purchase a utility service from the park owner or any other person, at a rate which is greater than either of the following:
(1) a rate which the resident could pay directly for the same utility service from some other comparable source in the same market area; or
(2) a rate which is charged to single family dwellings with comparable service within the same market area.
Subd. 4.
MS 2022 [Repealed, 2023 c 57 art 5 s 17]
Subd. 5.
Utility charge for metered service.
(a) A park owner who redistributes utility service may not charge a resident a commodity rate that exceeds the commodity rate at which the park owner purchases utility service from a utility provider. Before billing residents for redistributed utility service, a park owner must deduct utility service used exclusively or primarily for the park owner's purposes.
(b) If a utility bill that a park owner receives from a utility provider separates from variable consumption charges a fixed service or meter charge or fee, taxes, surcharges, or other miscellaneous charges, the park owner must deduct the park owner's pro rata share of these separately itemized charges and apportion the remaining fixed portion of the bill equally among residents based on the total number of occupied units in the park.
(c) A park owner may not charge to or collect from residents any administrative, capital, or other expenses associated with the distribution of utility services, including but not limited to disconnection, reconnection, and late payment fees.
Subd. 6.
Rent increases following the installation of water meters.
A park owner may not increase lot rents for 13 months following the commencement of utility bills for a resident whose lease included water and sewer service. In each of the three months prior to commencement of utility billing, a park owner must provide the resident with a sample bill for water and sewer service.
History:
1982 c 526 art 2 s 4; 2023 c 57 art 5 s 8-11
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.05 — Rules.

327C.05 RULES.
Subdivision 1.
Unreasonable rules prohibited.
No park owner shall adopt or enforce unreasonable rules. No park owner may engage in a course of conduct which is unreasonable in light of the criteria set forth in section 327C.015, subdivision 12.
Subd. 2.
Presumptively unreasonable rules.
In any action in which the reasonableness of a rule is challenged, any rule which violates any provision of Laws 1982, chapter 526, article 2, or of any other law shall be deemed unreasonable, and the following rules shall be presumed unreasonable unless the park owner proves their reasonableness by clear and convincing evidence:
(1) any rule which prohibits the placing of a "for sale" sign on a resident's home by the resident;
(2) any rule which requires a resident or prospective resident to purchase any particular goods or services from a particular vendor or vendors, including the park owner;
(3) any rule which requires a resident to use the services of a particular dealer or broker in an in park sale; and
(4) any rule requiring that more than one occupant of a home have an ownership interest in that home.
Subd. 3.
Other unreasonable rules.
In addition to the rules listed in subdivision 2, a court may declare unreasonable any park rule if the court finds that the rule fails to meet the standard of section 327C.015, subdivision 12. The absence of a rule from the list contained in subdivision 2 is not evidence or proof of the rule's reasonableness.
Subd. 4.
Density restrictions.
Subject to section 327C.02, subdivision 2, a park owner may adopt and enforce a reasonable rule that places limits on the maximum number of persons permitted to reside in a manufactured home if the limitation is reasonably related to the size of the home and the number of rooms it contains.
History:
1982 c 526 art 2 s 5; 1986 c 444; 2022 c 55 art 2 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.06 — Rent Increases.

327C.06 RENT INCREASES.
Subdivision 1.
Notice of rent increases required.
No increase in the amount of the periodic rental payment due from a resident shall be valid unless the park owner gives the resident 60 days' written notice of the increase.
Subd. 2.
Prohibition.
No rent increase shall be valid if its purpose is to pay, in whole or in part, any civil or criminal penalty imposed on the park owner by a court or a government agency.
Subd. 3.
Rent increases limited.
A park owner may impose only two rent increases on a resident in any 12-month period.
History:
1982 c 526 art 2 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.08 — Removal After Repossession.

327C.08 REMOVAL AFTER REPOSSESSION.
A secured party who repossesses a manufactured home located in a park and then removes the home from the lot owes the park owner rent for the period beginning when the secured party accepts voluntary repossession or takes an action pursuant to sections 327.61 to 327.67 and ending on the last day of the calendar month in which the home is removed. The secured party does not owe the park owner any lot rent or other charges which accrued prior to the time the secured party accepted voluntary repossession or took action pursuant to sections 327.61 to 327.67, if:
(1) within seven days after accepting voluntary repossession or taking action pursuant to sections 327.61 to 327.67, the secured party notifies the park owner in writing that the home is being repossessed;
(2) during a proceeding for repossession pursuant to sections 327.61 to 327.67 or chapter 565, the secured party pays each month's lot rent as the rent becomes due; and
(3) within seven days of accepting voluntary repossession or obtaining a court order for repossession, the secured party removes the home from the park.
If the secured party fails to meet any of these conditions, the secured party shall also be liable to the park owner for all overdue rent, not to exceed three months and not including late fees or other charges, owed to the park owner on account of the home.
This section does not affect any liability or obligation which a secured party may have to a park owner who pursuant to a writ of recovery has removed a home from a lot and stored the home.
History:
1982 c 526 art 2 s 8; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.096 — Notice Of Sale.

327C.096 NOTICE OF SALE.
When a park owner offers to sell a manufactured home park to the public through advertising in a newspaper or by listing the park with a real estate broker licensed by the Department of Commerce, the owner must provide concurrent written notice to each resident household in the park that the park is being offered for sale. Written notice provided once within a one-year period satisfies the requirement under this section. The notice provided by the park owner to each resident household does not grant any property rights in the park and is for informational purposes only. This section does not apply in the case of a taking by eminent domain, a transfer by a corporation to an affiliate, a transfer by a partnership to one or more of its partners, or a sale or transfer to a person who would be an heir of the owner if the owner were to die intestate.
History:
1991 c 26 s 8; 2017 c 40 art 1 s 121; 2023 c 37 art 6 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.10 — Defenses To Eviction.

327C.10 DEFENSES TO EVICTION.
Subdivision 1.
Nonpayment of rent.
In any action to recover possession for failure to pay rent, it shall be a defense that the sum allegedly due contains a charge which violates section 327C.03, or that the park owner has injured the defendant by failing to comply with section 504B.161.
Subd. 2.
Nonpayment of rent increase.
In any action to recover possession for failure to pay a rent increase, it shall be a defense that the park owner:
(1) failed to comply with the provisions of section 327C.06, subdivision 1 or 3;
(2) increased the rent in violation of section 327C.06, subdivision 2.
Subd. 3.
Rule violations.
In any action to recover possession for the violation of a park rule, it shall be a defense that the rule allegedly violated is unreasonable.
Subd. 4.
Retaliatory conduct.
In any action to recover possession it shall be a defense that the park owner has violated section 327C.12.
History:
1982 c 526 art 2 s 10; 1999 c 199 art 2 s 12
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.11 — Eviction Proceedings.

327C.11 EVICTION PROCEEDINGS.
Subdivision 1.
Right of redemption.
The right of redemption, as expressed in section 504B.291 and the common law, is available to a resident from whom a park owner seeks to recover possession for nonpayment of rent, but no resident may exercise that right more than twice in any 12-month period; provided, that a resident may exercise the right of redemption more than twice in any 12-month period by paying the park owner's actual reasonable attorney's fees as part of each additional exercise of that right during the 12-month period.
Subd. 2.
Waiver by accepting rent.
A park owner who gives a resident a notice as provided in section 327C.09, subdivision 3, 4, 6, or 8, or 327C.095, does not waive the notice by afterwards accepting rent. Acceptance of rent for a period after the expiration of a final notice to quit waives that notice unless the parties agree in writing after service of the notice that the notice continues in effect.
Subd. 3.
Writ of recovery stayed.
The issuance of a writ of recovery, other than a conditional writ, shall be stayed for a reasonable period not to exceed seven days to allow the resident to arrange to remove the resident's home from the lot.
Subd. 4.
Conditional writ.
Where the interests of justice require the court may issue a conditional writ of recovery, which orders the resident and all those in the resident's household to stop residing in the park within a reasonable period not to exceed seven days, but which allows the resident's home to remain on the lot for 60 days for the purpose of an in park sale, as provided in section 327C.07. The writ shall also direct the park owner to notify any party holding a security interest in the resident's home and known to the park owner, of the provisions of the writ. If the court issues a conditional writ, the resident may keep the home on the lot for 60 days for an in park sale if:
(1) neither the resident nor members of the resident's household reside in the park;
(2) the resident complies with all rules relating to home and lot maintenance; and
(3) the resident pays on time all rent and utility charges owed to the park owner. If the resident fails to meet any of these conditions, the park owner may, on three days' written notice to the resident, move the court for an order making the writ of recovery unconditional. Sixty-one days after the issuance of a conditional writ, the writ shall become absolute without further court action.
History:
1982 c 526 art 2 s 11; 1986 c 444; 1987 c 179 s 9; 1999 c 199 art 2 s 13; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.12 — Retaliatory Conduct Prohibited.

327C.12 RETALIATORY CONDUCT PROHIBITED.
A park owner may not increase rent, decrease services, alter an existing rental agreement or seek to recover possession or threaten such action in whole or in part as a penalty for a resident's:
(1) good faith complaint to the park owner or to a government agency or official;
(2) good faith attempt to exercise rights or remedies pursuant to state or federal law; or
(3) joining and participating in the activities of a resident association as defined under section 327C.015, subdivision 15.
In any proceeding in which retaliatory conduct is alleged, the burden of proving otherwise shall be on the park owner if the owner's challenged action began within 90 days after the resident engaged in any of the activities identified in clause (1), (2), or (3). If the challenged action began more than 90 days after the resident engaged in the protected activity, the party claiming retaliation must make a prima facie case. The park owner must then prove otherwise.
History:
1982 c 526 art 2 s 12; 1986 c 444; 1992 c 511 art 2 s 33; 1995 c 13 s 1; 2022 c 55 art 2 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.13 — Freedom Of Expression.

327C.13 FREEDOM OF EXPRESSION.
No park owner shall prohibit or adopt any rule prohibiting residents or other persons from peacefully organizing, assembling, canvassing, leafletting or otherwise exercising within the park their right of free expression for noncommercial purposes. A park owner may adopt and enforce rules that set reasonable limits as to time, place and manner.
History:
1982 c 526 art 2 s 13
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.14 — Right Of Access.

327C.14 RIGHT OF ACCESS.
Subdivision 1.
To the home.
A park owner has no right of access to a manufactured home located within the park unless access is necessary to prevent damage to the park premises or to respond to an emergency.
Subd. 2.
To the lot.
A park owner may come onto a manufactured home lot in order to inspect the lot, make necessary or agreed-upon repairs or improvements, supply necessary or agreed-upon goods or services or exhibit the lot to prospective or actual purchasers, mortgagees, residents, workers or contractors. The park owner may come onto the resident's lot whenever necessary to respond to or prevent an emergency, but otherwise may not come onto the lot at unreasonable times or in a way that unreasonably disrupts the resident's use and enjoyment of the lot.
History:
1982 c 526 art 2 s 14
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 327C — Manufactured Home Park Lot Rentals › Section 327C.15 — Remedies; Penalties; Enforcement.

327C.15 REMEDIES; PENALTIES; ENFORCEMENT.
Any violation of sections 327C.015 to 327C.14 is a violation of a law referred to in section 8.31, subdivision 1.
History:
1982 c 526 art 2 s 15; 2022 c 55 art 2 s 3