Minn. Stat. § 504B § 504B.268

RIGHT TO COUNSEL IN PUBLIC HOUSING; BREACH OF LEASE EVICTION ACTIONS.

In Force
Verified 9/15/2026 · Next check 9/22/2026
effective 9/15/2026MinnesotaRent Regulation

Operative Text

Minn. Stat. § 504B § 504B.268
Subdivision 1.Right to counsel.
A defendant in housing subsidized by the United States Department of Housing and Urban Development under Section 9 of the United States Housing Act of 1937 or the Consolidated and Further Continuing Appropriations Act of 2012, Public Law 112-55, 125 Stat. 673, subject to an eviction action under sections 504B.281 to 504B.371 alleging breach of lease under section 504B.171 or 504B.285 who is financially unable to obtain counsel has the right to counsel appointed by the court. The complaint required by section 504B.321 shall include the notice on the first page of the complaint in bold 12-point type: "If financially unable to obtain counsel, the defendant has the right to a court-appointed attorney." At the initial hearing, the court shall ask the defendant if the defendant wants court-appointed counsel and shall explain what such appointed counsel can accomplish for the defendant.

Subd. 2.Qualifications.
Counsel appointed by the court must: (1) have a minimum of two years' experience handling public housing evictions; (2) have training in handling public housing evictions; or (3) be supervised by an attorney who meets the minimum qualifications under clause (1) or (2).

Subd. 3.Compensation.
By January 15, 2024, and every year thereafter, the chief judge of the judicial district, after consultation with public housing attorneys, legal aid attorneys, and members of the private bar in the district, shall establish a compensation rate for attorney fees and costs associated with representation under subdivision 1. The compensation to be paid to an attorney for such service rendered to a defendant under this subdivision may not exceed $5,000, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the chief judge of the district as necessary to provide fair compensation for services of an unusual character or duration.
Source: Legislative text reproduced verbatim
Plain English

Under Minn. Stat. § 504B.268, tenants living in certain HUD-subsidized public housing who face eviction based on an alleged breach of lease and who cannot afford an attorney have a legal right to have one appointed by the court. The eviction complaint itself must prominently display a notice of this right in bold type, and the judge is required to ask the defendant at the initial hearing whether they want appointed counsel. Attorneys appointed under this provision must meet specific experience or training requirements, and their compensation is capped at $5,000 unless the chief judge certifies that a higher amount is warranted.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 15, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating HUD-subsidized housing covered by Minn. Stat. § 504B.268 are generally expected to ensure that any eviction complaint filed for breach of lease includes the required bold, 12-point notice of the defendant's right to court-appointed counsel on the first page. Compliant operators familiarize themselves with this notice requirement before initiating eviction proceedings under sections 504B.281 to 504B.371, since omitting it could affect the validity of the complaint. Understanding that defendants may receive appointed counsel helps operators prepare for proceedings where the opposing party is legally represented.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Minn. Stat. § 504B.268 gives tenants in qualifying HUD-subsidized public housing the right to a court-appointed attorney if they cannot afford one and are facing eviction for an alleged breach of lease. The eviction complaint you receive should display a bold notice of this right on its first page, and the judge is required to ask you at the initial hearing whether you want appointed counsel. Tenants who believe this right has not been honored may consider raising it directly with the court, contacting a local legal aid organization, or reaching out to a tenant-rights group for general information about available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 15, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 326
Rules and regulations
§ 327
Saving clauses
§ 328
Effect of invalidity in part

Source Information

Snapshot SHA:
Fetched:Sep 15, 2026, 07:48 PM UTC