1999-11-10 Packet - Laserfiche WebLink

Home Browse Search

Landlord- Tenant Laws of Minnesota, Section 566 http: // tenant. net /Other_Areas/Minnesota/566.html labor, and services, including reasonable fees for the administrator's services, necessary to remedy the violation or violations found by the court to exist and for rehabilitation of the property, and to pay for them from funds derived from the encumbrance; and (e) petition the court, after notice to the parties, for an order allowing the administrator to receive funds made available for this purpose by the federal or state governing body or the municipality to the extent necessary to cover the cost of materials, labor, and services necessary to remedy the violation or violations found by the court to exist over the useful life of the property, and pay for them form funds derived from this source. The municipality shall recover disbursements by special assessment on the real estate affected, bearing interest at the rate determined by the municipality, not exceeding the rate established for finance charges for open -end credit sales under section 344.16, subdivision 1, clause (b), with the assessment, interest and any penalties to be collected the same as special assessments made for other purposes under state statute or municipal charter. 5. At any time during the administration the administrator, or any party, may petition the court after notice to all parties for an order terminating the administration on the ground that the funds available to the administrator are insufficient to effect the prompt remedy of the violations. Upon finding the petition proved the court shall terminate the administration and proceed to judgment pursuant to the provisions of section 566.25, clause (d). 6. Building repairs and services. The administrator must first contract and pay for building repairs and services necessary to keep the building habitable before other expenses may be paid. If sufficient funds are not available for paying other expenses, such as tax and mortgage payments, after paying for necessary repairs and services, the owner is responsible for the other expenses. 7. Administrator's liability. The administrator may not be held personally liable in the performance of duties under this section except for misfeasance, malfeasance, or nonfeasance of office. 8. Dwelling's economic viability. In considering whether to grant the administrator funds under subdivision 4, the court must consider factors relating to the long -term economic viability of the dwelling. The court's analysis must consider factors including the causes leading to the appointment of an administrator, the repairs necessary to bring the property into code compliance, the market value of the property, and whether present and future rents will be sufficient to cover the cost of repairs or rehabilitation. 566.291 Receivership Revolving Loan Fund The Minnesota housing finance agency may establish a revolving loan fund to pay the administrative expenses of receivership administrators under section 566.29 for properties for occupancy by low- and moderate - income persons or families. Property owners are responsible for repaying administrative expense payments made from the fund. 566.30 Removal of Administrator 1. The administrator may, upon notice to all parties, petition the court to be relieved of duties, setting further reasons therefor. The court may, in its discretion, grant such petition and discharge the administrator upon approval of the accounts. 2. Any party may, upon notice to the administrator and all other parties, petition the court to remove the administrator. Upon good cause shown, the court shall order the administrator removed and direct the administrator to deliver to the court forthwith an accounting of administration. The court may make any other order necessary and appropriate under the circumstances. 3. In the event the administrator is removed, the court shall appoint a new administrator in accordance with the provisions of section 566.29, giving all parties an opportunity to be heard on the matter of the appointment. 566.31 Termination of Administration 1. The administration shall be terminated upon the occurrence of one of the following: (a) The securing of certification from the appropriate governmental agency that the 14 of 17 10/26/99 2:52 PM