Comparison of Minnesota Private Housing, Mobile Home Lot Rental, Public and Subsidized Housing Unlawful Detainer (Eviction) Action	Defenses

in Addition to Minnesota Private Landlord-Tenant Law

March 18, 2024

Answer

Form	A1

Private Housing	A2

Mobile Home Lot Rental	A3

Section 8 Certificates and Vouchers	A4

HUD Subsidized Projects

A4X

HUD Care Programs	A5

Moderate Rehabilitatio
n Projects	A5X

HUD HOME Investment

Partnerships Program	A6

Project Based Certificate Projects	A6X

IRS

Low-Income Housing Tax Credit	A7

Rural Housing Service Projects	A7X

Rural Housing Service Receiving HUD Subsidies	A8

Public Housing
Summary	Private landlord-
tenant; post mortgage foreclosure;

post contract for deed cancellation;

NOT for mobile home parks, subsidized or public housing	Tenant owns mobile home and rents lot from park	Tenant obtains subsidy from public housing authority (PHA) § 8 office and finds private housing which PHA subsidizes. Subsidy stays with the tenant unless terminated by PHA. Tenant pays about 30% of income for rent.	Subsidy stays with private landlord. Tenant pays about 30% of income for rent.	Subsidy stays with private landlord. Tenant pays about 30% of income for rent.	Subsidy stays with private landlord. Tenant applies with public housing authority (PHA). Tenant pays about 30% of income for rent.	Subsidy stays with private landlord. Tenant pays about 30% of income for rent.	Subsidy stays with private landlord. Tenant applies with public housing authority (PHA). Tenant pays about 30% of income for rent.	Subsidy stays with private landlord.

Tenant pays reduce rent.

If combined with HUD subsidy, tenant pays about 30% of income for rent.	Outside the Twin Cities. Subsidy stays with private landlord. Tenant pays about 30% of income for rent.	Outside the Twin Cities. Subsidy stays with private landlord. Tenant pays about 30% of income for rent.	Subsidy stays with public housing authority (PHA), which is the landlord. Tenant pays about 30% of income for rent.
Authority	Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.	Minn. Stat. Chs. 327C, 504B; Minn. Gen. R. Prac. 600 et. seq.	42 U.S.C. §§1437f; 24 C.F.R. Parts 982, 5, 8, 100; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.	42 U.S.C. §§1437f; Various regulations; HUD Handbook 4350.3; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.	24 C.F.R. Parts 574, 578, 582, and 583; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.	24 C.F.R. Parts 882, 5, 8, 100; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.	24 C.F.R. Part 92; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.	24 C.F.R. Parts 983, 5, 8, 100; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.	26 U.S.C. A. § 42 (h)(6)(E)(ii)(
I); Rev. Rul. 2004-82, at A-5, 2004-35 I.R.B.350; Rev. Procedure 2005-37 (June 21, 2005)	7 C.F.R. Part 3560; HB-2-3560; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.	7 C.F.R. Part 3560; HB-2-3560; 24 C.F.R. Part 884; HUD Handbook No. 4350.3, ¶1-2; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.	42 U.S.C. §1437d; 24 C.F.R. Parts 966, 965, 5, 8, 100; Minn. Stat. Ch. 504B; Minn. Gen. R. Prac. 600 et. seq.
Service	See answer form for list.	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1
Preconditio
ns	See answer form for list.	Same as A1	Plaintiff must give the eviction notice and/or the court papers to the PHA.	Same as A1	Same as A1	Some leases require Plaintiff to give the eviction notice and/or the court papers to the housing authority.	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1
Notice before filing the action	14-day notice required for rent cases.

No notice required in breach cases unless in the lease.

Notice required to terminate month to month lease, and to terminate tenancy following mortgage foreclosure or contract for deed cancellation.

Under CARES Act, 30-day notice required rent and breach cases for properties with federally backed mortgages.

Some cities have further notice requirements
.	Notice required in all cases.

14-day notice required for rent cases.

Some cities have further notice requirements.
Before the CARES Act, no notice before filing UD (unless required by lease) under federal law, but possibly required under state law where alleging a business of economic reason.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-day notice required for rent cases.

Some cities have further notice requirements.	Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-
day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-
day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-
day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-
day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-
day notice required for rent cases.

Some cities have further notice requirements
.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-
day notice required for rent cases.

Some cities have further notice requirements
.

Notice required in all cases. Tenant has right to correct problem. Landlord must give a warning notice before the termination notice.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-
day notice required for rent cases.

Some cities have further notice requirements
.

Notice required in all cases. Tenant has right to correct problem. Landlord must give a warning notice before the termination notice.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-
day notice required for rent cases.

Some cities have further notice requirements.

Notice required in all cases under regulations.

Under CARES Act, 30-day notice required rent and breach cases.

State law14-
day notice required for rent cases.

Some cities have further notice requirements
.

Cause	Cause not required to terminate month to month lease, and to terminate tenancy following mortgage foreclosure or contract for deed cancellation.	Cause required in all cases
Cause required except at lease expiration, but lease might require cause in call cases
Cause required in all cases
Cause required in all cases
Cause required in all cases
Cause required in all cases
Cause required in all cases
Cause required in all cases
Cause required in all cases
Cause required in all cases
Cause required in all cases
Pre-UD meetings or hearings	Not required unless in the lease.	Same as A1	Same as A1	Informal meeting	Termination review.	Informal meeting	Same as A1	Same as A1	Same as A1	Same as A1	Informal meeting	Informal meeting and formal hearing, except for criminal activity or drug-related criminal activity
Waiver of breach or notice by acceptance of rent	At common law, unless negated by nonwaiver clause in lease.	Statutory provision	Same as A1, except the housing subsidy is not considered rent.	Same as A1, except the housing subsidy is not considered rent.	Same as A1, except the housing subsidy is not considered rent.	Same as A1, except the housing subsidy is not considered rent.	Same as A1, except the housing subsidy is not considered rent.	Same as A1, except the housing subsidy is not considered rent.	Same as A1, except the housing subsidy is not considered rent.	Same as A1, except the housing subsidy is not considered rent.	Same as A1, except the housing subsidy is not considered rent.	Same as A1
Rent	No controls on rent amount, but rent increases may not be retaliatory.	Reasonable rents, with rent increase limitations	Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.	Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.	Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.	Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.	Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.	Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.	Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.	Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.	Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.	Nonpayment of rent caused by third parties might not be cause. Proper rent calculation.
Habitability defense to rent claims	Habitability statute.	Additional statute	Federal housing code and PHA inspects	Additional regulation	Additional regulation	Federal housing code and PHA inspects	Additional regulation	Federal housing code and PHA inspects	Same as A1	Additional regulation	Additional regulation	Additional regulation
Late fees	Must be in lease, and no more than 8% of unpaid amount.	Same as A1, and must be reasonable	Same as A1	Same as A1, and not cause for eviction	Same as A1	Same as A1	Same as A1, and not cause for eviction	Same as A1	Same as A1	Same as A1, and not cause for eviction	Same as A1, and not cause for eviction	Same as A1
Disabilities	Fair Housing Act and state discriminatio
n statute require reasonable accommodati
on	Same as A1	Same as A1, plus Rehabilitation Act.	Same as A1, plus Rehabilitation Act.	Same as A1, plus Rehabilitation Act.	Same as A1, plus Rehabilitation Act.	Same as A1, plus Rehabilitation Act.	Same as A1, plus Rehabilitatio
n Act.	Same as A1, plus Rehabilitatio
n Act.	Same as A1, plus Rehabilitatio
n Act.	Same as A1, plus Rehabilitation Act.	Same as A1, plus Rehabilitatio
n Act.
Unlawful or criminal activity	State statute	Same as A1	State and Federal Law with different requirements	State and Federal Law with different requirements	Same as A1	State and Federal Law with different requirements	Same as A1	State and Federal Law with different requirements	Same as A1	State and Federal Law with different requirements	State and Federal Law with different requirements	State and Federal Law with different requirements
Domestic Violence	State law	Same as A1	Stave Law and Violence Against Woman Act	Stave Law and Violence Against Woman Act	Stave Law and Violence Against Woman Act	Stave Law and Violence Against Woman Act	Stave Law and Violence Against Woman Act	Stave Law and Violence Against Woman Act	Stave Law and Violence Against Woman Act	Stave Law and Violence Against Woman Act	Stave Law and Violence Against Woman Act	Stave Law and Violence Against Woman Act
Writ	Stay for up to 7days for hardship.	Same as A1, but stay for 60 days for sale of home	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1
Other procedural and substantive defenses	See answer form for list.	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1
Remedies	See answer form for list.	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1	Same as A1

© Poverty Law and Lawrence R. McDonough, http://povertylaw.homestead.com

Permission granted for educational and pro bono purposes