ILCM Celebrates 25 Years and Recognizes SMRLS with Founder Award

This fall, the Immigrant Law Center of Minnesota (ILCM) marked its 25th year of service to thousands of immigrants through direct legal services, education, and advocacy. The anniversary was celebrated with a virtual event tracing the organization’s history and accomplishments over the last quarter century. As underscored in a recent Minnesota Lawyer article, the celebration’s highlights were the personal stories of how ILCM changed the lives of those seeking asylum, citizenship, naturalization and DACA.

ILCM dates back to 1976, when it was known as Oficina Legal, a project of Southern Minnesota Regional Legal Services (SMRLS). It was established as a separate 501(c)(3) non-profit organization in 1996 and today operates four offices in St. Paul, Austin, Moorhead and Worthington. Since 1996, ILCM has served 135,000 individuals through involvement in 45,000 cases and services are free for eligible individuals.

The anniversary celebration also featured the presentation of Inaugural Founders Awards, which included SMRLS, pro bono partner Faegre Drinker, and Target.

In noting ILCM’s ongoing work, executive director Veena Iyer said, “It is not just about immigrant and refugee communities. When these communities do better, we all do better.” Read more in Minnesota Lawyer.

Legal Services Advocacy Project Announces 2021 Legislative Session Summaries

Each year the Legal Services Advocacy Project (LSAP) compiles a comprehensive review (with citations) of Minnesota law changes that in whole, or in significant part, impact Legal Aid’s clients.

The summaries are divided by topic area of substantive law and reflect the law changes made by the Minnesota Legislature in 2021. This year’s Legislative Session Summaries are available for download here: 2021-LSAP-Session-Summaries.pdf (mylegalaid.org).

LSAP Addresses Equity with New Self Storage Law

A new Minnesota storage law now allows any renter facing auction of property for non-payment to recover personal papers and health aids, like CPAP machines or wheelchairs, regardless of value. Self storage reform was one of several equity provisions adopted by the 2021 Minnesota Legislature.

Previously, self-storage facility owners could lock out renters for nonpayment of rental fees and ultimately auction off their property. Self storage facilities are sometimes utilized by people who have been evicted, foreclosed on, or are facing some other financial, housing, or domestic violence crisis and need a place to store their belongings.

The new law is an update to 1988 legislation not reviewed since 2014. The Legal Services Advocacy Project (LSAP) and the Minnesota Self Storage Association negotiated to approve language acceptable to both renter advocates and owners. In addition to the ability to recover personal papers and health aids when facing auction, renters can now recover other items if they are recipients of “relief based on need” or are survivors of domestic violence and sexual assault.

“Relief based on need” includes the Minnesota Family Investment Program, Medical Assistance, General Assistance, MinnesotaCare, the earned income tax credit and other government benefits programs for residents with lower incomes. Importantly, the new law does not create an eviction record for renters because it removes the process from landlord-tenant eviction law and places it in the section of law covering self-storage. Additionally, building owners must now provide more detailed notice before they can start an action to auction off property. The notice must say how much rent is owed, when access to the unit will end, and how the renter can dispute the claim of money owed.

Read “How reforming Minnesota’s law governing self-storage units became an equity issue” in MinnPost.

Stronger Anti Lunch-Shaming Legislation Underscores Longtime Work of LSAP and Community Advocates

Despite Minnesota’s 2014 Lunch Aid Act, the result of an investigation into lunch-shaming practices led by the Legal Services Advocacy Project (LSAP), it has taken until now to legislate even stronger prohibitions against continued stigma faced by students with unpaid school lunch debt.

Passed this session, Minnesota’s new bipartisan law clarifies actions that will not be tolerated when students fall behind on lunch payments. The financial impact of the pandemic continues to be felt by school districts and new federal emergency funds will also help ensure that student meals are free through June 2022.

Work to establish the legislation was supported by LSAP, EdAllies, Hunger Solutions Minnesota, and Minnesota Partners to End Hunger. Philanthropic organizations like the Philando Castile Relief Foundation have also stepped up for Minnesota students and, prior to the pandemic, the Foundation paid off the lunch debt of every student in St. Paul and for graduating seniors in Robbinsdale.

Jessica Webster, staff attorney with LSAP, worked with state lawmakers over several years on the bill that finally passed. "For so long, we've had bipartisan support, we've had the support of the governor, we've had the support of the people, we've had the support of the schools," Webster said. "There was no opposition, but there was always some wrinkle." It is hoped the specifics of the new law will end lunch-shaming in Minnesota once and for all. Read more in Minnesota halts school lunch shaming over student debts.

Legislators Agree on Short Eviction Moratorium Phaseout Period

By Ron Elwood, Supervising Attorney, Legal Services Advocacy Project

After much wrangling, the House, Senate, and Governor's Office agreed to replace the Governor's Eviction Moratorium – issued in an Executive Order pursuant to his emergency powers – with a relatively short, legislatively approved eviction moratorium phaseout as part of the Omnibus Housing Finance and Policy Bill passed during the Special Session.

The phaseout lasts, in total, 105 days, starting from June 29th, 2021. Under the terms of the phaseout, for the first 15 days, landlords can only evict tenants for the following: serious endangerment of the safety of others; significant damage to property; violations of the covenants under 504B.171 (e.g., drugs); or nonpayment of rent, but only if the tenant is eligible for rental assistance but refuses to apply.  After 15 days, a landlord, in addition to the other reasons, can also evict for a material breach of lease. After 45 days, a landlord can terminate or non-renew a lease if the renter is ineligible for federal rental assistance.

In addition, for the term of the phaseout, a landlord must give a 15-day, pre-eviction filing notice which must: indicate the eviction moratorium is ending and the tenant may soon be subject to eviction; states the total amount due; and instructs the tenant to visit RentHelpMN or call 211 to find out if they are eligible for rental assistance. Courts may dismiss the eviction cases for a defective notice but strict compliance is not required, is not a defense, and is not grounds for dismissal.

Finally, under the agreement signed into law, evictions against any tenant with a pending application for federal rental assistance is prohibited through June 1, 2022.

Information for the public is available via a new fact sheet on LawHelpMN.org: COVID-19: Renters' Rights and the end of the Eviction Moratorium.