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1999-11-10 Packet
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1999-11-10 Packet
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Landlord- Tenant Laws of Minnesota, Section 566 http: // tenant. net /Other_Areas/Minnesota/566.html <br /> labor, and services, including reasonable fees for the administrator's services, necessary to <br /> remedy the violation or violations found by the court to exist and for rehabilitation of the <br /> property, and to pay for them from funds derived from the encumbrance; and <br /> (e) petition the court, after notice to the parties, for an order allowing the administrator to <br /> receive funds made available for this purpose by the federal or state governing body or the <br /> municipality to the extent necessary to cover the cost of materials, labor, and services <br /> necessary to remedy the violation or violations found by the court to exist over the useful <br /> life of the property, and pay for them form funds derived from this source. The municipality <br /> shall recover disbursements by special assessment on the real estate affected, bearing <br /> interest at the rate determined by the municipality, not exceeding the rate established for <br /> finance charges for open -end credit sales under section 344.16, subdivision 1, clause (b), <br /> with the assessment, interest and any penalties to be collected the same as special <br /> assessments made for other purposes under state statute or municipal charter. <br /> 5. At any time during the administration the administrator, or any party, may petition the court <br /> after notice to all parties for an order terminating the administration on the ground that the <br /> funds available to the administrator are insufficient to effect the prompt remedy of the <br /> violations. Upon finding the petition proved the court shall terminate the administration and <br /> proceed to judgment pursuant to the provisions of section 566.25, clause (d). <br /> 6. Building repairs and services. The administrator must first contract and pay for building <br /> repairs and services necessary to keep the building habitable before other expenses may be <br /> paid. If sufficient funds are not available for paying other expenses, such as tax and <br /> mortgage payments, after paying for necessary repairs and services, the owner is responsible <br /> for the other expenses. <br /> 7. Administrator's liability. The administrator may not be held personally liable in the <br /> performance of duties under this section except for misfeasance, malfeasance, or <br /> nonfeasance of office. <br /> 8. Dwelling's economic viability. In considering whether to grant the administrator funds <br /> under subdivision 4, the court must consider factors relating to the long -term economic <br /> viability of the dwelling. The court's analysis must consider factors including the causes <br /> leading to the appointment of an administrator, the repairs necessary to bring the property <br /> into code compliance, the market value of the property, and whether present and future rents <br /> will be sufficient to cover the cost of repairs or rehabilitation. <br /> 566.291 <br /> Receivership Revolving Loan Fund <br /> The Minnesota housing finance agency may establish a revolving loan fund to pay the <br /> administrative expenses of receivership administrators under section 566.29 for properties for <br /> occupancy by low- and moderate - income persons or families. Property owners are responsible for <br /> repaying administrative expense payments made from the fund. <br /> 566.30 <br /> Removal of Administrator <br /> 1. The administrator may, upon notice to all parties, petition the court to be relieved of duties, <br /> setting further reasons therefor. The court may, in its discretion, grant such petition and <br /> discharge the administrator upon approval of the accounts. <br /> 2. Any party may, upon notice to the administrator and all other parties, petition the court to <br /> remove the administrator. Upon good cause shown, the court shall order the administrator <br /> removed and direct the administrator to deliver to the court forthwith an accounting of <br /> administration. The court may make any other order necessary and appropriate under the <br /> circumstances. <br /> 3. In the event the administrator is removed, the court shall appoint a new administrator in <br /> accordance with the provisions of section 566.29, giving all parties an opportunity to be <br /> heard on the matter of the appointment. <br /> 566.31 <br /> Termination of Administration <br /> 1. The administration shall be terminated upon the occurrence of one of the following: <br /> (a) The securing of certification from the appropriate governmental agency that the <br /> 14 of 17 10/26/99 2:52 PM <br />
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