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2019.10.08 WS Packet
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2019.10.08 WS Packet
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25 <br /> <br />Finally, the Senior Citizen Property Tax Deferral (SCPTD) program allows some <br />residents to postpone payment of a portion of property taxes and special assessments.79 Under <br />the program, people age 65 or older, with total household income $60,000 or less, can defer a <br />portion of their property tax. Participating homeowners pay no more than 3% of their household <br />income in property taxes. Importantly, the deferral operates as a low-interest loan from the state, <br />not as a tax forgiveness program. A lien in the amount of the deferred taxes, plus interest,80 <br />attaches to the property, and must be repaid when the property is sold or when the estate is <br />settled. Taxpayers meeting the qualifications may apply to the Commissioner of Revenue on or <br />before July 1 for inclusion into the SCPTD program in the following year. <br /> <br />We suggest the role for cities and counties in this area is simply to make this information <br />easily available to its citizens. <br /> <br /> <br />EXTENDING JUST CAUSE PROVISIONS/JUST CAUSE EVICTION <br /> <br />One of the anti-displacement ordinances FHIC jurisdictions have been exploring is what <br />is known as “just cause eviction.” While this name is a bit misleading, as will be explained <br />below, its purpose is to address what has become a commonplace occurrence in private <br />landlord/tenant relationships – a failure to renew a lease for no stated reason, or no reason <br />whatsoever. While this seems innocuous, this has resulted in nonrenewals for retaliatory <br />purposes, as well as nonrenewals in order to “rescreen” tenants when ownership changes hands, <br />resulting in the loss of housing for historically lease compliant tenants. <br /> <br />Current Minnesota law, as detailed below, leaves tenants in a precarious position if they <br />receive a notice of nonrenewal or notice to terminate tenancy – they can either move quickly <br />(usually within 30 to 60 days), or they can assert a defense in court if they believe the <br />nonrenewal was for retaliatory or discriminatory reasons. Both are difficult and potentially risky <br />for a tenant, particularly tenants needing affordable housing in a region that has an extremely <br />tight rental market. It is unlikely that any headway could be made on this type of legislation at <br />the state level, with a polarized legislature and very different concerns in greater Minnesota than <br />in the larger metro areas. Cities are in the best position to recognize whether tenant protections <br />are needed in their jurisdiction, and what are the best solutions to address their individualized <br />issues. <br /> <br />Current Minnesota Law <br /> <br />During the term 81 of a lease, private landlord can generally terminate the tenancy for two <br />reasons – nonpayment of rent or a breach of the lease. However, current Minnesota law does not <br />require private landlords to provide a reason for nonrenewal of a tenancy at the end of a term. As <br /> <br />79 MINN. DEP’T OF REVENUE, PROPERTY TAX ADMINISTRATOR’S MANUAL (2017), module 6, at <br />38. <br />http://www.revenue.state.mn.us/local_gov/prop_tax_admin/education/ptamanual_module6.pdf <br />80 The interest rate may be adjusted annually but does not exceed 5 percent. <br />81 Terms can vary, though typically they are either for one year or month-to-month.
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