This is informational only and not legal advice.

An eviction in Minnesota is a formal legal action filed in district court under Minnesota Statutes Chapter 504B. The moment a case is filed — regardless of outcome — it becomes a publicly accessible court record. Tenant screening agencies routinely search these records and include eviction filings in rental background reports, meaning even a dismissed case or one you won can trigger a denial unless the record has been properly sealed.

Minnesota significantly strengthened tenant protections in this area with legislation effective January 1, 2024. Under updated Minn. Stat. § 484.014, many eviction cases are now eligible for mandatory automatic expungement without requiring a court motion. Cases that were dismissed, where the tenant prevailed, or where the case is at least three years old are among the newly covered categories. For cases that settled and where the tenant fulfilled the settlement terms, a motion-based expungement process is available.

Before applying for housing, every Minnesota renter with an eviction history should understand what is on their court record and whether they qualify for expungement. Being proactive about record review and having documentation ready — such as proof of settlement fulfillment or case outcome — can make a meaningful difference in a housing application.

This is informational only and not legal advice.

An eviction action in Minnesota is governed by Minn. Stat. Chapter 504B and is commonly called an unlawful detainer proceeding. When a landlord files for eviction at the county district court, that filing creates a public record immediately, even before any hearing occurs and before any judgment is entered. This is one of the most consequential features of the Minnesota eviction system for renters: the stigma of a record attaches at filing, not at judgment.

Tenant screening agencies — companies that compile rental background reports sold to landlords — routinely access Minnesota’s public court system to pull eviction filings. Under the Fair Credit Reporting Act (FCRA) and Minnesota law, unpaid bills and evictions can be reported for seven years. A landlord reviewing your application may see a filing from several years ago and deny you before you ever have a chance to explain what happened.

How Evictions Affect You During a Housing Search

The practical reality is that an eviction on your record narrows your housing options considerably. Many private landlords use blanket screening criteria that result in automatic denials for any eviction history within a specified lookback period. Some landlords will engage in individual assessment, especially if the case was old, dismissed, or if you have documentation showing you fulfilled a settlement agreement. Understanding what is on your record before you apply is essential.

Two Minnesota cities — Minneapolis and Saint Paul — have adopted ordinances that limit how landlords may use eviction history in screening decisions. Under Minneapolis’s renter screening ordinance, landlords using the city’s “inclusive screening criteria” may not consider evictions where judgment was entered three or more years before the application date, dismissed evictions, or evictions that resulted in a judgment for the applicant. Under Saint Paul’s S.A.F.E. Housing Ordinance (Ordinance 20-14, effective March 1, 2021), similar protections apply: evictions three or more years old cannot be used as a basis for denial, and evictions that did not result in a judgment against the applicant are also protected.

Outside Minneapolis and Saint Paul, no statewide ordinance limits how landlords use eviction history in screening, though the FCRA’s seven-year reporting cap applies.

The 2024 Eviction Expungement Law

Minnesota’s updated eviction expungement statute — Minn. Stat. § 484.014, as amended and effective January 1, 2024 — made sweeping changes to how eviction records can be sealed. Under the new law, many cases are now eligible for mandatory expungement without the need to file a court motion. These include cases where the tenant won, cases that were dismissed, cases where both parties agreed to expungement, and cases that are at least three years old. For settled cases where the tenant has completed the settlement terms, a motion is required, but the standard has been simplified.

The new standard for discretionary expungement asks only whether expungement is “clearly in the interests of justice and those interests are not outweighed by the public’s interest in knowing about the record.” This is a more favorable standard than previous law, which required showing the landlord’s case was without basis in fact or law.

Before beginning your housing search, take the following steps. First, review your eviction history by searching your name in the Minnesota public court system at mncourts.gov. Second, determine whether any of your evictions qualify for automatic expungement under the 2024 law. Third, if a motion is needed, contact a legal aid organization — HOME Line, Mid-Minnesota Legal Aid, Southern Minnesota Regional Legal Services, or the Volunteer Lawyers Network can assist at no cost. Fourth, when applying for housing, be prepared to provide a written explanation and supporting documentation showing how the case resolved, especially if it was dismissed or settled. Fifth, consider targeting properties where landlords use individual assessment rather than blanket denials, and in Minneapolis and Saint Paul, know your specific rights under local ordinance.

This is informational only and not legal advice.

Eviction proceedings in Minnesota are governed by Minn. Stat. Chapter 504B, which authorizes landlords to file for recovery of possession of a residential rental unit in district court. The filing is captioned as an eviction action (formerly called “unlawful detainer”). The landlord must generally provide written notice before filing: a 14-day notice for nonpayment of rent under Minn. Stat. § 504B.321, or appropriate notice for other lease violations.

The summons and complaint must be served at least seven days before the court hearing. The entire eviction process — from filing to potential writ of recovery — can be completed in under 30 days in Minnesota, making it one of the faster eviction processes in the country.

Once an eviction is filed, it is immediately accessible in the Minnesota Court Information System (MNCIS). Tenant screening agencies and background check companies regularly mine this database. Under Minn. Stat. § 504B.241, Minnesota-specific rules govern residential tenant screening reports. A tenant screening service must provide disclosures to an applicant if adverse action is taken based on information in a screening report, and must permit the applicant to explain or dispute any eviction record in the report. The statute also requires tenant screening services to check court records and update their files before issuing a report, reducing the likelihood of stale or inaccurate data — but not eliminating it.

FCRA and State Law Interaction

Federally, the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) governs the accuracy, fairness, and privacy of consumer reports, including tenant screening reports. Under the FCRA, eviction records (categorized as civil judgments) are reportable for seven years. Arrests and non-conviction records are also limited to seven years. Criminal conviction records under FCRA are reportable indefinitely, though state law and local ordinances may restrict their use in housing screening even when they are legally reportable.

Minnesota law does not currently impose a statewide statutory lookback period for evictions shorter than the FCRA’s seven-year cap for the general market. However, Minneapolis and Saint Paul have local ordinances establishing three-year lookback limits for most evictions (discussed below).

Minneapolis Renter Screening Ordinance

Minneapolis Code of Ordinances Chapter 244.2030 governs tenant screening in the City of Minneapolis. Landlords in Minneapolis must use either the city’s “inclusive screening criteria” or conduct an individualized assessment for applicants. Under the inclusive criteria, landlords may not consider evictions where judgment was entered three or more years before the application date, dismissed evictions, or evictions resulting in a judgment in favor of the applicant. If a landlord uses stricter criteria, they must apply an individualized assessment that considers the nature and circumstances of the incident, time elapsed, and the applicant’s age at the time.

Saint Paul S.A.F.E. Housing Ordinance (Ord. 20-14, Sec. 193.04)

Effective March 1, 2021, Saint Paul’s ordinance establishes uniform tenant screening guidelines. Under this ordinance, landlords may not deny applicants based on evictions that are three or more years old, or evictions that did not result in a judgment against the applicant. A landlord who denies a rental application must provide written notice within 14 days stating the basis for denial. Violations of the ordinance are enforceable by the City and tenants have a private right of action.

2024 Eviction Expungement Amendments — Minn. Stat. § 484.014

The 2024 legislative amendments to Minn. Stat. § 484.014 represent the most significant reform to Minnesota eviction record law in recent memory. Under the amended statute, mandatory expungement is now available without a motion in the following circumstances: the tenant prevailed; the case was dismissed; the parties agreed to expungement; three years have passed since the eviction; or the case involved a contract for deed or mortgage foreclosure where the defendant vacated before commencement of the eviction. For cases that were settled and the defendant fulfilled the terms, expungement is available upon motion.

The amended discretionary standard — “clearly in the interests of justice and those interests are not outweighed by the public’s interest in knowing about the record” — applies to all other cases. Courts have discretion to consider factors including whether rent remains owed, the tenant’s eviction history, the cause of the eviction, and the time elapsed since the last eviction. The inherent authority basis for expungement, derived from case law, was also retained.

When a landlord takes adverse action based on a screening report, they must comply with FCRA adverse action notice requirements (15 U.S.C. § 1681m), including providing the name, address, and phone number of the consumer reporting agency, a statement that the agency did not make the decision, and the applicant’s right to obtain a free copy of the report and dispute inaccurate information. Under Minn. Stat. § 504B.241, the tenant screening agency must permit the applicant to add a dispute statement of up to 100 words to their record. If a record has been expunged and a tenant screening service reports it, the agency has violated both state and federal law.

Practitioner Navigation Points

Legal practitioners and housing navigators working with clients who have eviction history in Minnesota should first assess whether any evictions qualify for mandatory automatic expungement under the 2024 law. If the case is three or more years old, or was dismissed, or the tenant prevailed, initiation of expungement may not require court action but may require a letter or request to the court administrator to update the record. For cases requiring a motion, practitioners should use HOME Line’s webinar materials and Volunteer Lawyers Network tip sheets as practice guidance. For clients in Minneapolis or Saint Paul, local ordinance protections should be asserted affirmatively in the application process and in any denial dispute.

Practitioners should also verify that tenant screening reports reflect current record status, particularly for clients who have obtained expungements. If a screening report continues to show a sealed record, a dispute under Minn. Stat. § 504B.241 and FCRA § 1681i is available and may give rise to a claim against the screening company.

This is informational only and not legal advice.

The primary statute governing eviction proceedings in Minnesota is Minn. Stat. Chapter 504B (Landlord and Tenant), available at https://www.revisor.mn.gov/statutes/cite/504B. This chapter covers the procedural steps for eviction filing, service requirements, hearing procedures, and writs of recovery.

Minnesota Statutes § 484.014 governs eviction record expungement and was substantially amended effective January 1, 2024, to expand automatic and motion-based sealing of eviction court records. The text is available at https://www.revisor.mn.gov/statutes/cite/484.014.

Minnesota Statutes § 504B.241 governs residential tenant screening reports, including disclosure requirements, the right to dispute information, and the tenant screening agency’s obligation to maintain updated records. Available at https://www.revisor.mn.gov/statutes/cite/504B.241.

The Minneapolis Renter Screening Ordinance is codified in Minneapolis Code of Ordinances Chapter 244.2030. The city’s public guidance on this ordinance is available at https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/.

Saint Paul’s S.A.F.E. Housing Ordinance, Ordinance 20-14, Section 193.04, governs tenant screening guidelines for all rental properties in Saint Paul. The policy bulletin is available at https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf.

The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., governs the reporting of eviction records in tenant screening reports at the federal level, including the seven-year reporting limitation and adverse action notice requirements.

An eviction filing in Minnesota becomes publicly visible in the Minnesota Court Information System (MNCIS) the moment it is entered, before any hearing is held. Tenant screening agencies access MNCIS records directly and include eviction filings — including dismissed cases, cases won by the tenant, and settled cases — in background reports provided to landlords. This means a member may be denied housing based on a filing that never resulted in a judgment, or for a case they prevailed in, if the record has not been expunged.

Most private market landlords outside Minneapolis and Saint Paul operate under no locally mandated lookback limitation and may apply their own criteria. Within Minneapolis and Saint Paul, local ordinances limit the lookback period for most evictions to three years and protect dismissed and applicant-favorable judgments from screening use.

After expungement, a sealed eviction case must not be reported by tenant screening agencies. If a report continues to show a sealed case, the tenant has dispute rights under both state and federal law and may have claims against the reporting agency.

HOME Line Statewide (primary Twin Cities focus) Phone: 612-728-5767 (tenant hotline) | Toll-free from Greater Minnesota: 866-866-3546 Website: https://homelinemn.org What it helps with: Free legal advice for tenants on all landlord-tenant matters including eviction defense, expungement guidance, and lease disputes. Email consultations also available.

Mid-Minnesota Legal Aid Serves 20 central Minnesota counties; seniors 60+ in 26 counties Phone: 1-800-292-4150 Website: https://mylegalaid.org What it helps with: Free civil legal services including housing, eviction defense, and expungement petitions.

Southern Minnesota Regional Legal Services (SMRLS) Serves southern Minnesota and east/south metro Phone: Phone not listed (see website for intake) Website: https://www.smrls.org What it helps with: Free legal services for low-income persons in housing, eviction defense, and housing discrimination matters.

Volunteer Lawyers Network (VLN) Twin Cities metro area Phone: 612-752-6677 Website: https://www.vlnmn.org What it helps with: Free civil legal assistance including eviction defense, housing matters, and expungement petitions for qualifying low-income individuals.

LawHelp Minnesota Statewide (online resource hub) Website: https://www.lawhelpmn.org What it helps with: Self-help legal resources on tenant screening, eviction expungement, and tenant rights. Includes do-it-yourself expungement tools and attorney referral.

Housing Justice Center Saint Paul Phone: 612-807-1139 Website: https://hjcmn.org What it helps with: Strategic litigation, tenant rights enforcement, policy advocacy, and legal support for tenants facing systemic housing barriers including improper screening practices.

Minnesota Department of Human Rights Statewide Phone: 651-539-1100 or 1-800-657-3704 Website: https://mn.gov/mdhr What it helps with: Housing discrimination complaints under the Minnesota Human Rights Act, including complaints related to improper use of rental history in screening.

HUD Housing Counselor Locator Statewide Website: https://answers.hud.gov/housingcounseling/s/What it helps with: Locating HUD-approved housing counseling agencies in Minnesota that can assist with rental applications, credit repair, and housing navigation.

HousingLink Twin Cities metro and statewide Website: https://www.housinglink.org What it helps with: Searchable database of affordable rental housing throughout Minnesota; also administers

the Beyond Backgrounds Financial Assurance program to help renters with barriers access housing.

Minneapolis Public Housing Authority (MPHA) Minneapolis Phone: 612-342-1475 Website: https://mphaonline.org What it helps with: Public housing applications, Housing Choice Voucher program, and housing stability resources.

Metro HRA — Metropolitan Council Saint Paul (serves suburban Twin Cities region) Phone: 651-602-1880 (applications/wait list) | 651-602-1428 (general information) Website: https://metrocouncil.org/Housing/Services/Metro-HRA-Rental-Assistance.aspx What it helps with: Housing Choice Voucher program administration for the suburban metro area.

Saint Paul Public Housing Agency (SPPHA) Saint Paul Phone: Phone not listed (see website for intake) Website: https://www.stpha.org What it helps with: Section 8 Housing Choice Voucher program, waiting list information, and public housing resources in Saint Paul.

Minnesota Statutes Chapter 504B — Landlord and Tenant https://www.revisor.mn.gov/statutes/cite/504B

Minnesota Statutes § 484.014 — Eviction Expungement https://www.revisor.mn.gov/statutes/cite/484.014

Minnesota Statutes § 504B.241 — Residential Tenant Screening Reports https://www.revisor.mn.gov/statutes/cite/504B.241

Volunteer Lawyers Network — Practice Tip: Eviction Expungement Changes January 1, 2024 https://www.vlnmn.org/wp-content/uploads/2023/12/Practice-Tip-Expungements-after-January-1-2024-FINAL.pdf

HOME Line — Eviction Expungement Webinar Materials (November 2023) https://homelinemn.org/wp-content/uploads/2023/11/HOME-Line-Webinar_11_15_2023.pdf

LawHelp Minnesota — Tenant Screening Fact Sheet https://www.lawhelpmn.org/self-help-library/fact-sheet/tenant-screening

LawHelp Minnesota — Eviction Expungement https://www.lawhelpmn.org/self-help-library/fact-sheet/expunging-eviction-case

Minneapolis Renter Screening Ordinance — City of Minneapolis https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Tenant Screening Policy Bulletin (Ord. 20-14, Sec. 193.04) https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Fair Credit Reporting Act — 15 U.S.C. § 1681 et seq. https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

HousingLink — Minnesota Eviction Process Overview https://www.housinglink.org/List/MNevictionprocess

This is informational only and not legal advice.

This is informational only and not legal advice.

Breaking a lease before the end of its term in Minnesota can result in three separate consequences that affect future rental applications: a negative rental reference from the prior landlord, a civil judgment if the landlord sued for unpaid rent, and a negative entry on your credit report if the debt was sold to a collection agency.

Minnesota law imposes a duty on landlords to mitigate damages when a tenant vacates early, meaning a landlord is legally required to make reasonable efforts to re-rent the unit rather than simply collecting all remaining rent from the departing tenant. Minn. Stat. § 504B.178 governs the landlord’s obligation to return security deposits, and case law confirms the mitigation duty. If a landlord failed to mitigate, the total amount owed by the tenant may be reduced.

Certain lease breaks are legally protected in Minnesota. Victims of domestic violence, sexual assault, and stalking may terminate a lease early without penalty under Minn. Stat. § 504B.206. Tenants who are active military members also have federal protections under the Servicemembers Civil Relief Act. Tenants who leave because a landlord failed to maintain habitable conditions may have legal grounds to terminate and assert the breach against any collection attempt.

Before applying for new housing, a member should understand what is reflected in their record: whether there is a civil judgment, whether a debt has been sent to collections, and what the prior landlord’s reference policy is.

This is informational only and not legal advice.

A broken lease — the early termination of a rental agreement without completing the lease term and without the landlord’s consent — is one of the most common, and most misunderstood, barriers in tenant screening. Unlike an eviction, a broken lease does not automatically generate a court record. However, it can set in motion a chain of consequences that reach across multiple screening systems: landlord reference networks, tenant screening reports, credit reports, and collection agency records.

What Minnesota Law Says About Tenant and Landlord Obligations

Minnesota landlords have a legal obligation to mitigate damages when a tenant vacates early. This means the landlord must make reasonable good-faith efforts to re-rent the unit. If the landlord finds a new tenant within, say, two months and your lease had four months remaining, your exposure is typically limited to those two months plus reasonable re-letting costs, not all four months. This mitigation duty is not always honored, and tenants often do not know they can challenge inflated claims on this basis.

Minnesota Statutes § 504B.178 governs security deposit handling and refund obligations when a tenancy ends. Landlords must return the deposit or provide an itemized written statement of deductions within 21 days of the tenancy ending. If a landlord wrongfully withholds a deposit, the tenant may recover up to two times the wrongfully withheld amount in court, plus attorney

fees. This matters in a broken-lease context because some landlords offset legitimate mitigation losses against the deposit rather than pursuing further collection.

Legally Protected Lease Terminations

Several categories of lease termination are legally protected in Minnesota and should not result in a negative record if the correct procedure is followed. Under Minn. Stat. § 504B.206, victims of domestic violence, sexual assault, or stalking may terminate a residential lease early by providing the landlord with a written notice and a qualifying supporting document (such as a protective order, police report, or affidavit). Upon proper notice, the tenancy terminates on the last day of the calendar month following the month in which the notice was given — or earlier if the parties agree. Active military members have protections under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3955), which allows them to terminate a lease early upon deployment or permanent change of station.

A landlord’s failure to maintain habitability — as required under Minn. Stat. § 504B.161 — may also provide legal grounds for a tenant to vacate without owing further rent, particularly if the tenant followed proper legal procedures such as withholding rent into escrow or pursuing a rent escrow action under Minn. Stat. § 504B.385.

How a Broken Lease Shows Up in Screening

A broken lease can appear in a rental background check in several ways. If the landlord obtained a court judgment for unpaid rent, that civil judgment is a public record and may appear in both court record searches and credit reports (for up to seven years under FCRA). If the landlord sold the debt to a collection agency, the collection account will appear on credit reports and reduce the credit score. Landlord-to-landlord reference networks and private databases such as SafeRent or similar services may also carry negative rental references. In Saint Paul, landlords subject to the S.A.F.E. Housing Ordinance may not base a denial solely on a broken lease without engaging in individualized assessment, and certain old rental history items are not permissible grounds for denial.

Housing Navigation and Documentation Strategy

Before applying for housing, members with a broken lease should: confirm whether a judgment was entered in court (searchable at mncourts.gov); check their credit reports for collection accounts using AnnualCreditReport.com; gather documentation supporting any legal protection (domestic violence notice, military orders, habitability evidence); consider settling any outstanding debt with the landlord or collection agency, requesting written confirmation that the account is settled; and prepare a brief written explanation for prospective landlords. A straightforward, factual explanation — especially one showing the lease break was due to hardship or protected circumstances — can be persuasive with individual assessment landlords.

This is informational only and not legal advice.

Residential lease agreements in Minnesota are primarily governed by Minn. Stat. Chapter 504B. The landlord’s duty to mitigate is grounded in established Minnesota case law and is consistent with general contract law principles requiring a non-breaching party to take reasonable steps to minimize loss. While the specific mitigation duty is not codified as a standalone provision in the way some states do it, Minnesota courts have consistently held that landlords may not simply sit on an abandoned or vacated unit and accumulate damages.

Minn. Stat. § 504B.206 provides the early termination right for victims of domestic violence, sexual assault, or stalking. The statute specifies the documentation required, the mechanics of notice, and the tenant’s financial obligations upon early termination (limited to rent through the end of the calendar month following the notice month). A landlord who retaliates against a tenant for asserting these rights or who fails to comply with the statute’s requirements may face claims under the Minnesota Human Rights Act.

Minn. Stat. § 504B.178 governs security deposit obligations, including the 21-day return or itemization window. If a landlord fails to comply, the tenant may recover the full deposit plus an additional amount equal to the unpaid portion and attorney fees under § 504B.178, Subd. 7.

The federal Servicemembers Civil Relief Act (50 U.S.C. § 3955) preempts state law with respect to lease terminations by active duty military members. A service member who receives deployment orders or a permanent change of station may terminate a lease by providing written notice and a copy of the military orders. The lease terminates 30 days after the next rent payment due date following the notice.

2025 Legislative Update — Tenant Abandonment and Mitigation

Minnesota’s Housing Law Update effective January 1, 2025 includes new provisions clarifying tenant abandonment procedures and the landlord’s mitigation of damages obligations. These changes reinforce the landlord’s duty to re-rent and clarify the circumstances under which a landlord may claim abandonment. Housing navigators and practitioners should review the Mid-Minnesota Legal Aid Housing Law Update for 2025 for current procedural guidance.

When a broken lease results in an unpaid balance, the landlord may file a civil action in district court for the unpaid rent and re-letting costs. If a judgment is entered, it becomes a public court record searchable in MNCIS and is reportable on credit reports for seven years from the date of the judgment under the FCRA. Alternatively, the landlord may sell the debt to a collection

agency without filing suit; the collection account will then appear on the credit report for seven years from the date of first delinquency, regardless of when the account was sold.

Tenants have the right to dispute inaccurate collection accounts with the consumer reporting agencies under FCRA § 1681i. If the collection amount is inflated because the landlord failed to mitigate, the tenant may have grounds to dispute the accuracy of the reported amount and, if the landlord sued, to challenge the judgment amount in court.

Screening Report Implications

Under Minn. Stat. § 504B.241, a tenant screening agency that includes a broken lease or associated negative rental history in a report must permit the applicant to add an explanation. If adverse action is taken based on the report, the landlord must provide FCRA-compliant adverse action notice. In Minneapolis and Saint Paul, local ordinances require landlords who use screening criteria that are stricter than the standard inclusive criteria to conduct individualized assessments that consider the applicant’s explanation and circumstances.

Voucher Program Implications

For Housing Choice Voucher (Section 8) holders, a broken lease can have additional consequences. If the lease was terminated for a lease violation — as opposed to a mutual agreement or legally protected reason — the PHA may review the circumstances as part of ongoing voucher eligibility. Generally, a broken lease in and of itself does not result in automatic voucher termination, but outstanding landlord debt or a pattern of lease violations may affect voucher renewal at the PHA’s discretion.

Practitioner Guidance

Practitioners assisting clients with broken lease history should: investigate whether the mitigation duty was met and whether any reduction in the claimed debt is warranted; assess whether a legally protected basis for termination applies; determine whether the debt is reflected in court records, credit reports, or private screening databases; consider negotiating a settlement with the original creditor or collection agency in exchange for deletion or paid-as-agreed notation; and advise clients to prepare a written statement for the housing application packet. For clients in Minneapolis and Saint Paul, the local ordinance individual assessment requirements give practitioners a platform to present the full context of the lease break to a landlord before a final denial decision.

This is informational only and not legal advice.

Minnesota Statutes Chapter 504B — Landlord and Tenant Governs all aspects of the landlord-tenant relationship in Minnesota, including lease obligations, landlord duties, habitability, security deposits, and eviction procedures. https://www.revisor.mn.gov/statutes/cite/504B

Minnesota Statutes § 504B.206 — Early Lease Termination for Domestic Violence, Sexual Assault, Stalking https://www.revisor.mn.gov/statutes/cite/504B.206

Minnesota Statutes § 504B.178 — Security Deposit Return Requirements https://www.revisor.mn.gov/statutes/cite/504B.178

Minnesota Statutes § 504B.161 — Landlord Duty to Maintain Fit Premises https://www.revisor.mn.gov/statutes/cite/504B.161

Servicemembers Civil Relief Act — 50 U.S.C. § 3955 Federal statute governing lease termination rights for active duty military members. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3955

Mid-Minnesota Legal Aid — 2025 Housing Law Update Covers new tenant abandonment and landlord mitigation provisions effective January 1, 2025. https://mylegalaid.org/wp-content/uploads/2025/01/Housing-Law-Update.pdf

Minneapolis Renter Screening Ordinance https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Ordinance — Tenant Screening Guidelines (Ord. 20-14, Sec. 193.04) https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Fair Credit Reporting Act — 15 U.S.C. § 1681 et seq. https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

A broken lease can surface in a housing application through several distinct channels. The first is through a landlord reference check, where the prior landlord reports the circumstances of the tenancy ending. The second is through a civil court judgment, which is publicly searchable in MNCIS if the landlord sued and won. The third is through the credit report, where an unpaid balance sold to a collection agency will appear as a negative account. The fourth is through private tenant screening databases that aggregate rental history beyond what public court records show.

Within Minneapolis and Saint Paul, local ordinances provide some protection by requiring individualized assessment for applicants and prohibiting denial based on certain rental history items older than applicable lookback periods. Outside these cities, private landlords have broad discretion to use broken lease history as grounds for denial, subject only to FCRA limitations on credit report data and federal fair housing protections.

HOME Line Statewide tenant legal advice hotline Phone: 612-728-5767 | Toll-free: 866-866-3546 Website: https://homelinemn.org What it helps with: Free legal advice on broken leases, security deposit disputes, landlord duty to mitigate, and early termination rights.

Mid-Minnesota Legal Aid Central Minnesota and seniors statewide Phone: 1-800-292-4150 Website: https://mylegalaid.org What it helps with: Free civil legal assistance for low-income tenants including broken lease disputes and debt-related housing issues.

Southern Minnesota Regional Legal Services (SMRLS) Southern Minnesota and metro east/south Website: https://www.smrls.org What it helps with: Free housing legal assistance for low-income individuals including lease disputes.

Volunteer Lawyers Network (VLN) Twin Cities metro Phone: 612-752-6677 Website: https://www.vlnmn.org What it helps with: Free civil legal help including housing matters and debt-related issues arising from lease breaks.

LawHelp Minnesota Statewide (self-help resource) Website: https://www.lawhelpmn.org What it helps with: Plain-language legal information on tenants’ rights, early termination, and landlord obligations.

Minnesota Attorney General’s Office — Landlords and Tenants Handbook Website: https://www.ag.state.mn.us/consumer/handbooks/lt/default.asp What it helps with: Comprehensive plain-language guidance on Minnesota landlord-tenant law, including lease obligations, deposits, and tenant rights.

Minnesota Department of Human Rights Phone: 651-539-1100 | 1-800-657-3704 Website: https://mn.gov/mdhr What it helps with: Complaints related to housing discrimination if a broken lease disclosure is used in a discriminatory or pretextual manner.

Housing Justice Center Saint Paul Phone: 612-807-1139 Website: https://hjcmn.org What it helps with: Legal advocacy and representation for tenants facing housing barriers and systemic screening issues.

The Consumer Assistance Program — Office of Attorney General Statewide Phone: 651-296-3353 | 1-800-657-3787 Website: https://www.ag.state.mn.us What it helps with: Complaints about debt collectors and assistance navigating consumer credit issues arising from broken lease debts.

HUD Housing Counselor Locator Statewide Website: https://answers.hud.gov/housingcounseling/s/What it helps with: HUD-approved counselors who can assist with rental applications, credit counseling, and housing navigation for those with broken lease history.

Minnesota Statutes § 504B — Full Landlord-Tenant Chapter https://www.revisor.mn.gov/statutes/cite/504B

Minnesota Statutes § 504B.206 — DV Early Termination https://www.revisor.mn.gov/statutes/cite/504B.206

Minnesota Statutes § 504B.178 — Security Deposit https://www.revisor.mn.gov/statutes/cite/504B.178

LawHelp Minnesota — Tenants’ Rights in Minnesota https://www.lawhelpmn.org/self-help-library/booklet/tenants-rights-minnesota

Minnesota Attorney General — Landlords and Tenants Handbook https://www.ag.state.mn.us/consumer/handbooks/lt/default.asp

Mid-Minnesota Legal Aid — 2025 Housing Law Update https://mylegalaid.org/wp-content/uploads/2025/01/Housing-Law-Update.pdf

Fair Credit Reporting Act https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

This is informational only and not legal advice.

This is informational only and not legal advice.

Minnesota’s Stay of Adjudication is a unique sentencing tool found in Minn. Stat. § 609.095. It allows a court to stay — or hold in suspension — the formal entry of a conviction while the defendant completes certain conditions, typically a period of probation and completion of treatment, community service, or other requirements. If the conditions are met, no conviction is ever formally entered. If the conditions are violated, the court may adjudicate the offense and enter a conviction at that point.

The critical distinction for housing purposes is that a Stay of Adjudication is not a conviction — but it is a court record. The case filing, the charge, and the court proceedings are public records visible in MNCIS unless the case is expunged. This means a landlord who orders a background check may discover the case, see the criminal charge, and make decisions based on what the charge says rather than understanding the legal significance of the Stay.

In Saint Paul, the S.A.F.E. Housing Ordinance explicitly prohibits using participation in or completion of a diversion or deferral program as a basis for denial. Minneapolis’s renter screening ordinance similarly protects applicants. Outside these two cities, there is no general statewide rule requiring landlords to disregard a Stay of Adjudication, though HUD’s 2016 guidance on criminal history and fair housing — and the 2024 updated HUD guidance — caution against blanket criminal history policies.

Once probation is successfully completed and all conditions met, expungement under Minn. Stat. Chapter 609A may be available, which would seal both the court and law enforcement records.

This is informational only and not legal advice.

A Stay of Adjudication is a disposition available in Minnesota criminal courts under Minn. Stat. § 609.095, most frequently used in cases involving drug offenses, first-time offenders, or cases where the court determines that a conviction would be disproportionate. When a Stay of Adjudication is granted, the defendant enters a guilty or no-contest plea, but the court does not enter a formal adjudication of conviction. Instead, the adjudication is stayed — suspended in place — while the defendant fulfills conditions set by the court. These conditions typically include probation, treatment programming, community service, no new offenses, and compliance with supervision.

If the defendant successfully completes all conditions, the court dismisses the case without ever formally entering a conviction. If the defendant fails to meet the conditions, the court may adjudicate the offense and enter a conviction.

Why It Matters for Housing

From a housing screening standpoint, the most important thing to understand about a Stay of Adjudication is this: the absence of a formal conviction does not mean the absence of a court record. The filing of criminal charges, the plea, the court hearings, and the stay itself are all reflected in MNCIS as public court records. Background check companies that access court records will find this case. Depending on how a landlord or screening company interprets what they find — and many will not understand the legal significance of a Stay of Adjudication — the member may face the same denial they would face for a formal conviction.

Local Ordinance Protections — Minneapolis and Saint Paul

Both Minneapolis and Saint Paul have enacted local renter screening ordinances that directly address diversion and deferral programs. Under Saint Paul Ordinance 20-14, Section 193.04, landlords in Saint Paul are explicitly prohibited from using participation in or completion of a deferral or diversion program as a basis for denying a rental application. Because a Stay of Adjudication functions as a deferral of adjudication — the formal finding of guilt is deferred pending completion of conditions — this protection should apply directly.

Under Minneapolis’s renter screening ordinance, similar protections exist for applicants who participate in diversion programs. Landlords who use the city’s inclusive screening criteria may not deny applicants on the basis of a deferral or diversion program outcome.

Outside these two cities, Minnesota law does not impose a statewide requirement on private landlords to disregard a Stay of Adjudication. Individual landlords may treat it as equivalent to a

conviction, as a neutral record, or may not understand what it means at all. Educating the landlord or property manager about what a Stay of Adjudication is — specifically that it is not a conviction and that the case may be eligible for expungement — is an important navigation strategy.

Expungement of a Stay of Adjudication

Upon successful completion of the conditions of the stay and the dismissal of the case, the former defendant may pursue expungement under Minn. Stat. §§ 609A.01 to 609A.05. The expungement of a case resolved by a Stay of Adjudication seals both the judicial branch court records and, in many cases, the executive branch law enforcement records held by the Bureau of Criminal Apprehension (BCA). This means that both court database searches and criminal history checks would no longer reveal the matter.

Minnesota’s Clean Slate Act, enacted in 2023 and implemented beginning January 1, 2025 (Minn. Stat. § 609A.015), provides for automatic expungement of certain eligible records without the need to file a petition. While the Clean Slate Act primarily addresses low-level offense convictions, certain stayed and dismissed cases may qualify for automatic sealing.

Members navigating housing applications with a Stay of Adjudication on their record should: confirm the current status of the case and probation in MNCIS; obtain a copy of their BCA criminal history record and verify what is reflected; secure documentation from the court or probation officer confirming successful completion of conditions and case dismissal; prepare a written explanation describing the Stay of Adjudication and its legal significance; and consult with a legal aid attorney about expungement eligibility. When applying in Minneapolis or Saint Paul, cite the local ordinance provision that protects deferral and diversion program participants.

This is informational only and not legal advice.

The Stay of Adjudication in Minnesota is authorized under Minn. Stat. § 609.095, which provides that a court may, at the time of sentencing, stay adjudication of guilt under defined circumstances, most commonly in drug offense cases but applicable across various charge types at the court’s discretion. The statute specifies that no conviction is entered when adjudication is stayed, and that upon successful completion, the case may be dismissed.

Minn. Stat. § 609.135 governs stays of sentence, stays of imposition, and stays of execution, which are distinct and commonly confused with the Stay of Adjudication. Under § 609.135, a stay of imposition means a conviction is entered but sentence is withheld or stayed. Under §

609.095, the Stay of Adjudication means no conviction is ever entered at the outset. This distinction is legally significant: a Stay of Imposition is treated as a conviction during the probationary period under Minnesota law; a Stay of Adjudication is not.

The special drug offender Stay of Adjudication provision under Minn. Stat. § 152.18, Subd. 1 is commonly used for first-time possession-level drug offenders and allows for a stayed adjudication followed by dismissal upon successful completion of probation. This provision is closely analogous to the concept of deferred adjudication in other states.

Regardless of which statute authorizes a Stay of Adjudication, the case is publicly visible in MNCIS from the moment charges are filed. The public record includes the charge, case number, defendant name, and hearing history. After successful completion and dismissal, the disposition reads “dismissed” or a similar notation, but the charge itself and the history of proceedings remain visible until and unless expungement is obtained.

Background check companies providing tenant screening reports are required under Minn. Stat. § 504B.241 to check court records and update their records before issuing a report. However, the statute does not prohibit reporting a case that was dismissed following a Stay of Adjudication if no expungement order has been entered.

Local Ordinance Analysis

Saint Paul Ordinance 20-14, Section 193.04 specifies among items that “cannot” be used in screening decisions: “Participation in or completion of a diversion or deferral program.” The Stay of Adjudication, as a deferral of the adjudication of guilt, fits squarely within this category. A Saint Paul landlord who denies an applicant solely or primarily because of a Stay of Adjudication — even during the probationary period — may be in violation of the ordinance. The Saint Paul ordinance is enforceable by the city and creates a private right of action for aggrieved tenants.

Minneapolis’s renter screening ordinance protects applicants on similar grounds. Under the city’s framework, diversion and deferral program participation may not be considered under the inclusive screening criteria option. If a landlord elects to use the individual assessment option instead, they must consider the full context of the situation including the nature of the matter, time elapsed, and any information the applicant provides.

HUD Fair Housing Guidance

HUD’s Office of General Counsel issued guidance in April 2016 establishing that blanket criminal history bans in housing may violate the Fair Housing Act, 42 U.S.C. § 3604, by having a disparate impact on protected classes — particularly African American and Hispanic/Latino individuals who are statistically more likely to have criminal history records. HUD supplemented

this guidance in April 2024 with updated standards for tenant screening, emphasizing that housing providers must conduct individualized assessments and cannot rely solely on the existence of a criminal record. A Stay of Adjudication — which represents no formal conviction — should be given particular weight in any individualized assessment.

After successful completion of a Stay of Adjudication, expungement is available under Minn. Stat. § 609A.02, which covers petitioned expungements for cases where charges were resolved without conviction, among other categories. For automatic expungement eligibility under the Clean Slate Act (Minn. Stat. § 609A.015, effective January 1, 2025), eligibility depends on the nature of the underlying offense. Practitioners should review BCA guidance and the Attorney General’s Clean Slate resources to determine whether a specific Stay of Adjudication record qualifies for automatic sealing.

For records not qualifying for automatic sealing, a petition under § 609A.03 must be filed in the originating district court. The petition seals both the judicial and executive branch records if granted. BCA records require a separate order under § 609A.03, Subd. 7.

Practitioner-Level Navigation

Practitioners working with clients who have a Stay of Adjudication in their record should: verify whether the stay has been successfully completed and the case dismissed; assess expungement eligibility under both the Clean Slate Act automatic pathway and the petitioned pathway; advise clients to obtain written documentation of case dismissal and the non-conviction nature of the stay; prepare a clear written explanation for housing applications describing the Stay of Adjudication as a non-conviction deferral; and in Minneapolis and Saint Paul, assert local ordinance protections directly with the landlord or property manager when a denial is threatened or has occurred.

This is informational only and not legal advice.

Minnesota Statutes § 609.095 — Stay of Adjudication Primary authority for the Stay of Adjudication in Minnesota. Permits court to stay entry of conviction under specified circumstances. https://www.revisor.mn.gov/statutes/cite/609.095

Minnesota Statutes § 152.18 — Drug Offense Stay of Adjudication Special provision for first-time drug offenders; frequently used Stay of Adjudication for possession-level drug cases. https://www.revisor.mn.gov/statutes/cite/152.18

Minnesota Statutes § 609.135 — Stays of Execution, Imposition, and Sentence Governs distinct sentencing stays; should not be confused with the Stay of Adjudication under § 609.095. https://www.revisor.mn.gov/statutes/cite/609.135

Minnesota Statutes §§ 609A.01 to 609A.05 — Criminal Expungement Governs petitioned and automatic expungement of criminal records. https://www.revisor.mn.gov/statutes/cite/609A

Minnesota Statutes § 609A.015 — Automatic Expungement (Clean Slate Act) Effective January 1, 2025. Provides for automatic sealing of eligible records without a court petition. https://www.revisor.mn.gov/statutes/2025/cite/609A.015

Minnesota Department of Public Safety — BCA Expungements Page Provides information on Clean Slate Act implementation and BCA record sealing. https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements

Minnesota Attorney General — Clean Slate Tour and Expungement Resources https://www.ag.state.mn.us/Clean-Slate/

Saint Paul S.A.F.E. Housing Ordinance — Section 193.04 Explicitly prohibits use of participation in or completion of deferral/diversion programs in rental screening. https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Minneapolis Renter Screening Ordinance https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

HUD Guidance on Criminal Records and the Fair Housing Act (2016 and 2024) https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

A Stay of Adjudication creates a public court record in MNCIS that is visible to tenant screening companies and any landlord who conducts a court record search. The record will show the criminal charge, the case history, and the stay/dismissal disposition. Because many landlords and screening companies do not distinguish between a Stay of Adjudication (no conviction) and a formal conviction, applicants may face the same denial they would face for a conviction unless they proactively explain the legal nature of the outcome.

In Saint Paul and Minneapolis, local ordinances specifically protect applicants from denial based on participation in or completion of a diversion or deferral program, which covers the Stay of Adjudication. Outside these cities, no statewide private-market rule provides equivalent

protection, though HUD fair housing guidance cautions against blanket criminal history bans. After successful expungement, the court and BCA records are sealed and may no longer be used in screening decisions.

HOME Line Phone: 612-728-5767 | Toll-free: 866-866-3546 Website: https://homelinemn.org What it helps with: Free legal advice for tenants facing denials based on criminal history including Stay of Adjudication records; guidance on local ordinance protections.

Volunteer Lawyers Network (VLN) Phone: 612-752-6677 Website: https://www.vlnmn.org What it helps with: Free legal assistance including expungement petitions and housing matters for qualifying individuals.

Mid-Minnesota Legal Aid Phone: 1-800-292-4150 Website: https://mylegalaid.org What it helps with: Free civil legal assistance including expungement and housing access for low-income clients.

LawHelp Minnesota Website: https://www.lawhelpmn.org What it helps with: Self-help information on Minnesota criminal records, expungement, and tenant screening rights.

Housing Justice Center Phone: 612-807-1139 Website: https://hjcmn.org What it helps with: Legal advocacy for tenants denied housing based on criminal records, including challenges to improper screening practices.

Minnesota Department of Human Rights Phone: 651-539-1100 | 1-800-657-3704 Website: https://mn.gov/mdhr What it helps with: Housing discrimination complaints where criminal history screening may have a discriminatory impact.

Reentry and Criminal Record Support

Minnesota Attorney General — Clean Slate Tour Phone: 651-296-3353 Website: https://www.ag.state.mn.us/Clean-Slate/What it helps with: Information and assistance with automatic and petitioned expungement of criminal records, including legal clinics.

Minnesota Judicial Branch — Criminal Expungement Website: https://mncourts.gov/help-topics/criminal-expungement What it helps with: Court-based information on the expungement petition process, forms, and FAQs.

Minnesota Department of Public Safety — BCA Expungements Website: https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements What it helps with: BCA record sealing under the Clean Slate Act; information on automatic expungement implementation.

Minnesota Statutes § 609.095 — Stay of Adjudication https://www.revisor.mn.gov/statutes/cite/609.095

Minnesota Statutes § 152.18 — Drug Offense Provision https://www.revisor.mn.gov/statutes/cite/152.18

Minnesota Statutes § 609.135 — Stays of Sentence https://www.revisor.mn.gov/statutes/cite/609.135

Minnesota Statutes § 609A.015 — Clean Slate Act Automatic Expungement https://www.revisor.mn.gov/statutes/2025/cite/609A.015

BCA Expungements — Minnesota Department of Public Safety https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements

Minnesota Attorney General Clean Slate Tour https://www.ag.state.mn.us/Clean-Slate/

Saint Paul S.A.F.E. Housing — Tenant Screening Bulletin https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Minneapolis Renter Screening Ordinance https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Cademlaw — Stay of Adjudication, Stay of Imposition, and Stay of Execution Analysis (Minnesota) https://cademlaw.com/stay-of-adjudication-stay-of-imposition-and-stay-of-execution-unwraveling -the-confusion/

HUD Guidance on Criminal Records and Fair Housing https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

This is informational only and not legal advice.

This is informational only and not legal advice.

A misdemeanor in Minnesota is defined as a crime for which a sentence of not more than 90 days imprisonment, a fine of not more than $1,000, or both, may be imposed. A gross misdemeanor carries a maximum fine of $3,000 and up to one year of imprisonment — it occupies the tier between a misdemeanor and a felony in Minnesota’s criminal classification system.

Both misdemeanors and gross misdemeanors can appear on tenant background checks, and they are treated differently than petty misdemeanors, which are not crimes under Minnesota law and carry only a fine. A petty misdemeanor generally cannot be used against an applicant in Saint Paul’s screening framework, and it does not constitute a criminal conviction.

Misdemeanor convictions are reportable in tenant screening reports under federal law, but the practical impact depends heavily on location, landlord policy, and the age of the offense. In Minneapolis and Saint Paul, local ordinances prohibit use of misdemeanor convictions with sentencing dates older than three years in rental screening decisions. Statewide, Minnesota’s Clean Slate Act enacted in 2023 and implemented on January 1, 2025 provides for automatic expungement of eligible low-level offenses, which may include certain misdemeanor convictions. Members with older misdemeanors should verify whether automatic expungement has occurred or whether they are eligible to petition for expungement under Minn. Stat. Chapter 609A.

This is informational only and not legal advice.

Minnesota uses a four-tier criminal classification system: petty misdemeanor, misdemeanor, gross misdemeanor, and felony. In the context of tenant screening, petty misdemeanors are effectively shielded under Saint Paul’s ordinance and are generally not treated as criminal convictions. Misdemeanors and gross misdemeanors occupy a middle ground — they are criminal offenses that can appear on background checks, are subject to screening, and may affect housing applications, but they carry the benefit of being the most easily expunged class of offense under Minnesota’s expungement statutes.

How Misdemeanors Appear in Screening Reports

Under the FCRA (15 U.S.C. § 1681 et seq.), criminal convictions including misdemeanors can be reported indefinitely in tenant screening reports — there is no seven-year cap on conviction records at the federal level, unlike arrests. This means a misdemeanor from ten years ago is technically reportable without limit unless state law or local ordinance restricts its use. In Minnesota’s private rental market outside Minneapolis and Saint Paul, landlords receive background reports with full criminal conviction histories and may make screening decisions based on any conviction of any age.

However, the Clean Slate Act and Minnesota’s expanded expungement statutes mean that many older misdemeanors are being sealed, either automatically or through petition, which removes them from reportable records entirely.

Minneapolis and Saint Paul Local Ordinance Protections

Minneapolis’s renter screening ordinance and Saint Paul’s S.A.F.E. Housing Ordinance (Ord. 20-14, Sec. 193.04) both impose a three-year lookback limit for misdemeanor and gross misdemeanor convictions. Under the Minneapolis ordinance, landlords using inclusive screening criteria may not consider misdemeanors with dates of sentencing older than three years. The same applies under Saint Paul’s ordinance. Additionally, both ordinances protect applicants from denial based on petty misdemeanors, traffic offenses, and arrests or charges without conviction.

Importantly, Saint Paul’s ordinance specifically states that participation in or completion of a diversion or deferral program — such as a Stay of Adjudication — may not be used as a basis for denial. This means that if a misdemeanor-level matter was resolved through diversion or a Stay of Adjudication, the resulting record receives even stronger protection than a conviction.

Minnesota Clean Slate Act and Misdemeanor Expungement

The Clean Slate Act (Minn. Stat. § 609A.015), enacted as part of the 2023 legislative session and implemented beginning January 1, 2025, established the nation’s most comprehensive automatic expungement mechanism at that time for Minnesota. The law automatically seals eligible criminal conviction records held by the Bureau of Criminal Apprehension (BCA) for non-violent, non-felony crimes meeting eligibility requirements — including many misdemeanor and gross misdemeanor convictions — without requiring the individual to file a petition.

The BCA is responsible for implementing automatic sealing. As of 2025, the BCA was working through a backlog of eligible records. Individuals who believe they qualify for automatic expungement should check the BCA’s expungement page and may also contact the Attorney General’s office for Clean Slate resources.

For those who do not qualify for automatic expungement, petitioned expungement is available under Minn. Stat. § 609A.02, which allows expungement petitions for cases resolved in the petitioner’s favor, stayed adjudications, and certain convictions. Under § 609A.02, Subd. 3, misdemeanor and gross misdemeanor convictions are eligible for expungement upon meeting waiting period requirements and other criteria.

Members with misdemeanor convictions should take the following steps before beginning a housing search. First, obtain a copy of your criminal history from the BCA to understand exactly what is on your record. Second, check whether any of your misdemeanor convictions have been automatically sealed under the Clean Slate Act. Third, consult a legal aid attorney or the Attorney General’s Clean Slate resources about eligibility for petitioned expungement if automatic sealing has not occurred. Fourth, when applying for housing in Minneapolis or Saint Paul, know the three-year lookback limit and assert it if a landlord cites an older misdemeanor in a denial. Fifth, if a denial occurs, request a written statement of the reason within the timeframes required under local ordinance, and consult HOME Line or a legal aid organization about your options.

This is informational only and not legal advice.

Under Minn. Stat. § 609.02, Subd. 2, a misdemeanor is any crime for which the maximum sentence is imprisonment for not more than 90 days or a fine of not more than $1,000 or both. Under Subd. 4, a gross misdemeanor is any crime that is not a felony or misdemeanor and carries a maximum fine of $3,000. A petty misdemeanor (Subd. 4a) is not a crime and carries only a fine of not more than $300 — it has no criminal conviction status.

FCRA Reporting — Conviction Records

Under 15 U.S.C. § 1681c(a)(5), consumer reporting agencies are prohibited from including in a report most adverse information that is more than seven years old. However, § 1681c(b) provides that this limitation does not apply when the report is used for employment paying more than $75,000 or for transactions involving more than $150,000 of credit or insurance. Importantly, the seven-year limitation on adverse items does not apply to criminal conviction records in this same way — § 1681c explicitly excludes criminal convictions from the seven-year cap. This means misdemeanor convictions are reportable indefinitely under federal law unless expunged.

Minnesota Expungement Framework — Minn. Stat. Chapter 609A

Minnesota’s expungement statute provides several pathways for sealing misdemeanor records. Minn. Stat. § 609A.02, Subd. 3(a) authorizes expungement of conviction records for a petty misdemeanor, misdemeanor, or gross misdemeanor offense if the petitioner meets the applicable waiting periods: one year following discharge from the sentence for a petty misdemeanor, two years for a misdemeanor, and four years for a gross misdemeanor, with no new conviction during the waiting period.

Minn. Stat. § 609A.015 — the Clean Slate Act — authorizes automatic expungement of eligible records effective January 1, 2025. The BCA is responsible for implementation. Eligible records include many low-level offense convictions meeting the criteria set forth in § 609A.015. The statute provides for automatic sealing without any petition requirement, making it accessible to individuals who may not know they qualify or who lack access to legal assistance.

The BCA is the centralized repository of criminal history records in Minnesota, accessible through the Minnesota State Repository. When a record is expunged under Chapter 609A, the BCA seals the executive branch records it holds. Background check companies that access criminal history through the BCA will no longer find the sealed record. However, records held only in court systems or by private databases may require separate action. After expungement, a landlord who receives a screening report showing a sealed record — or who discovers the record through their own court search — is prohibited from using that information.

Minneapolis Ordinance — Misdemeanor Lookback Specifics

Minneapolis Code Chapter 244.2030 sets out the inclusive screening criteria for rental properties in Minneapolis. Landlords using these criteria may not consider: misdemeanors with dates of sentencing older than three years; petty misdemeanors; traffic offenses; and arrests or charges without conviction. Landlords who want to consider misdemeanors within the three-year lookback, or any conviction, using criteria stricter than the ordinance defaults must conduct an individualized assessment weighing the nature and severity of the offense, the time elapsed,

and any additional information the applicant provides. Failure to comply creates exposure to private civil claims and city enforcement.

Saint Paul Ordinance — Detailed Misdemeanor Provisions

Saint Paul Ord. 20-14, Sec. 193.04 sets out the misdemeanor protections in detail: misdemeanors and gross misdemeanors with a date of sentencing three or more years old cannot be used in screening; petty misdemeanors may not be used at any time; traffic offenses may not be used unless the offense involved injury to a person; and arrests or charges without conviction are fully protected. The ordinance also protects any conviction that has been vacated or expunged and any offense for which the conduct is no longer illegal in Minnesota (a provision that captures cannabis-related low-level offenses following legalization).

HUD and Fair Housing Implications

HUD’s 2016 guidance and April 2024 revised guidance under the Fair Housing Act (42 U.S.C. § 3604) establish that blanket misdemeanor bans in housing may cause disparate impact on protected classes and may violate the FHA unless the policy is justified by a business necessity and the same result could not be achieved through a less discriminatory alternative. This is particularly relevant for gross misdemeanors — charges that carry significant criminal history weight but which may reflect circumstances very different from felony-level conduct.

Practitioner Navigation

For practitioners, the misdemeanor housing barrier requires a layered approach: confirm whether expungement — automatic or petitioned — has occurred or is available; determine whether the matter falls within Minneapolis or Saint Paul local ordinance protections; assess whether HUD fair housing arguments are available if a blanket ban is being applied; and assist the client in preparing documentation and a written explanation for the housing application. Practitioners should also be aware that cannabis-related misdemeanor convictions under Minnesota’s pre-legalization law may qualify for expungement under Minn. Stat. § 609A.06 (cannabis expungement provision added as part of the 2023 legislation).

This is informational only and not legal advice.

Minnesota Statutes § 609.02 — Criminal Classification Definitions (Misdemeanor, Gross Misdemeanor, Petty Misdemeanor, Felony) https://www.revisor.mn.gov/statutes/cite/609.02

Minnesota Statutes Chapter 609A — Criminal Expungement https://www.revisor.mn.gov/statutes/cite/609A

Minnesota Statutes § 609A.015 — Automatic Expungement (Clean Slate Act, effective January 1, 2025) https://www.revisor.mn.gov/statutes/2025/cite/609A.015

Minnesota Statutes § 609A.02 — Petitioned Expungement Eligibility https://www.revisor.mn.gov/statutes/cite/609A.02

Minnesota Statutes § 609A.06 — Cannabis-Related Expungement https://www.revisor.mn.gov/statutes/cite/609A.06

Minneapolis Renter Screening Ordinance — Chapter 244.2030 https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Ordinance — Ord. 20-14, Sec. 193.04 https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Minnesota Department of Public Safety — BCA Expungements https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements

Minnesota Attorney General — Clean Slate Tour https://www.ag.state.mn.us/Clean-Slate/

Minnesota Judicial Branch — Criminal Expungement https://mncourts.gov/help-topics/criminal-expungement

HUD Guidance — Reducing Barriers to HUD-Assisted Housing (April 2024) https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

Fair Credit Reporting Act — 15 U.S.C. § 1681 et seq. https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

A misdemeanor or gross misdemeanor conviction in Minnesota appears in court records in MNCIS and in BCA criminal history data. Tenant screening reports may include these records indefinitely under federal reporting rules unless the record has been expunged or sealed. In Minneapolis and Saint Paul, local ordinances cap misdemeanor lookbacks at three years, protecting applicants from denial based on older records. The Clean Slate Act implemented on January 1, 2025 is automatically sealing eligible misdemeanor records, reducing the universe of records that will appear in future screening reports. Applicants whose misdemeanor records have been sealed are legally protected from adverse action based on those records.

HOME Line Phone: 612-728-5767 | Toll-free: 866-866-3546 Website: https://homelinemn.org What it helps with: Free tenant legal advice including challenges to improper misdemeanor screening and local ordinance rights.

Mid-Minnesota Legal Aid Phone: 1-800-292-4150 Website: https://mylegalaid.org What it helps with: Free civil legal assistance including expungement petitions and housing access for misdemeanor record holders.

Volunteer Lawyers Network (VLN) Phone: 612-752-6677 Website: https://www.vlnmn.org What it helps with: Free expungement legal assistance and housing-related civil matters.

LawHelp Minnesota Website: https://www.lawhelpmn.org What it helps with: Self-help resources on Minnesota criminal records, expungement eligibility, and tenant screening rights.

Housing Justice Center Phone: 612-807-1139 Website: https://hjcmn.org What it helps with: Legal advocacy against improper criminal history screening and tenant rights enforcement.

Minnesota Department of Human Rights Phone: 651-539-1100 | 1-800-657-3704 Website: https://mn.gov/mdhr What it helps with: Housing discrimination complaints where misdemeanor history is used in a discriminatory pattern.

Reentry and Criminal Record Support

Minnesota Attorney General — Clean Slate Tour Website: https://www.ag.state.mn.us/Clean-Slate/What it helps with: Information and community clinics for automatic and petitioned expungement statewide.

Minnesota Judicial Branch — Criminal Expungement Information Website: https://mncourts.gov/help-topics/criminal-expungement What it helps with: Court-based expungement forms, FAQs, and procedural information.

BCA — Minnesota Department of Public Safety Website: https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements What it helps with: Status of automatic Clean Slate expungements and criminal history record requests.

HUD Housing Counselor Locator Website: https://answers.hud.gov/housingcounseling/s/What it helps with: Finding HUD-approved counselors to assist with housing navigation for applicants with criminal history barriers.

HousingLink — Beyond Backgrounds Financial Assurance Website: https://www.housinglink.org/beyond-backgrounds-financial-assurance What it helps with: Financial assurance program providing up to $2,000 to landlords to encourage acceptance of renters with barriers including criminal history, helping bridge the gap for applicants who face screening barriers.

Minnesota Statutes § 609.02 — Criminal Classifications https://www.revisor.mn.gov/statutes/cite/609.02

Minnesota Statutes Chapter 609A — Expungement https://www.revisor.mn.gov/statutes/cite/609A

Minnesota Clean Slate Act Implementation — BCA https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements

Minnesota Clean Slate Initiative Overview https://www.cleanslateinitiative.org/updates/mn-implementation

VLN — Criminal Expungement Law Update (August 2024) https://www.vlnmn.org/wp-content/uploads/2024/07/August-2024-Tip-of-the-Month-Criminal-Exp ungement-Law-Update.pdf

Minneapolis Renter Screening Ordinance https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Policy Bulletin https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

HUD — Reducing Barriers to HUD-Assisted Housing (April 2024) https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

LawHelp Minnesota — Criminal Records https://www.lawhelpmn.org

This is informational only and not legal advice.

This is informational only and not legal advice.

A felony in Minnesota is a crime for which a sentence of imprisonment for more than one year may be imposed under Minn. Stat. § 609.02. Felony convictions present the most significant criminal history barrier in housing screening because they carry the longest lookback periods and are the category most likely to trigger blanket denial policies by private landlords.

Under federal FCRA rules, felony convictions — like all criminal convictions — are reportable indefinitely. However, the practical use of felony history in tenant screening is shaped by local ordinance in Minnesota’s two largest cities and by HUD fair housing guidance applicable to all landlords.

In Minneapolis, landlords using inclusive screening criteria may not consider most felonies with sentencing dates older than seven years. An extended ten-year lookback applies to nine specific violent and serious felonies. In Saint Paul, identical lookback limits apply under the S.A.F.E. Housing Ordinance. These protections cover a substantial portion of the Minneapolis-Saint Paul rental market.

Outside these two cities, landlords in Minnesota’s private rental market operate under no locally mandated felony lookback rule, and blanket felony denial policies remain common. However, HUD’s 2016 and 2024 fair housing guidance applies nationwide and cautions that blanket bans on individuals with felony convictions may violate the Fair Housing Act through disparate impact.

Minnesota’s expungement framework under Chapter 609A also covers certain felony convictions, and the Clean Slate Act’s automatic expungement provision, while primarily targeting lower-level offenses, includes some categories of eligible felony records.

This is informational only and not legal advice.

A felony conviction is one of the most consequential factors in Minnesota rental screening. Because felony convictions carry no federally imposed reporting cutoff, they remain permanently visible in criminal history records unless expunged. For renters with felony histories, this creates an environment where even very old offenses — crimes committed decades ago — may continue to surface in screening reports and trigger denial.

Minnesota has made important strides in addressing this barrier through local ordinances in Minneapolis and Saint Paul, through expanded expungement law, and through the implementation of the Clean Slate Act. Still, significant challenges remain for renters seeking housing outside the metro area’s protected jurisdictions or who have recent or serious felony histories.

Minneapolis and Saint Paul Felony Screening Rules

Both Minneapolis and Saint Paul have enacted ordinance provisions that limit how landlords use felony history. Under the Minneapolis renter screening ordinance, the inclusive screening framework prohibits considering most felonies with sentencing dates older than seven years. A separate ten-year lookback applies to nine enumerated serious felonies: first-degree murder, second-degree murder, third-degree murder, first-degree manslaughter, kidnapping, first-degree criminal sexual conduct, first-degree assault, first-degree arson, and first-degree aggravated robbery. After the applicable lookback period, even these serious offenses may no longer be used as the basis for denial under the inclusive criteria.

Saint Paul’s S.A.F.E. Housing Ordinance mirrors these lookback periods exactly. The ordinance further provides that if a landlord wants to use felony history outside these permitted windows — meaning using stricter criteria than the ordinance defaults — the landlord must conduct an individualized assessment. That assessment must consider the nature and severity of the offense, the number and type of incidents, the time elapsed, and the applicant’s age at the time of the offense.

If a landlord denies an application in Saint Paul, they must provide written notice within 14 days. This creates a clear accountability mechanism that tenants can use to document and challenge improper denials.

Minnesota’s expungement statutes — Minn. Stat. §§ 609A.01 to 609A.05 — allow for expungement of certain felony convictions after a waiting period. Under § 609A.02, Subd. 3, a person convicted of a felony is eligible to petition for expungement if they have remained crime-free for five years following discharge from sentence. This waiting period was shortened from the previous standard by the Clean Slate Act of 2023. Not all felonies are eligible — crimes requiring lifetime sex offender registration, certain crimes against children, and certain other serious offenses are excluded from the petitioned expungement pathway.

The Clean Slate Act’s automatic expungement provision (Minn. Stat. § 609A.015), effective January 1, 2025, provides automatic sealing for eligible records without a petition. While the automatic pathway primarily targets low-level and non-violent offenses, some felony convictions that have met their waiting periods and other eligibility criteria may qualify. The BCA is responsible for implementing automatic sealing, and there may be a processing backlog.

Background check companies that pull criminal history through the BCA will not find records that have been sealed through expungement. However, court records in MNCIS may remain separately searchable, and some private screening databases may hold records independently of BCA data. After expungement, state law prohibits use of the sealed record in housing screening decisions. If a screening company reports a sealed felony conviction, the applicant has dispute rights under both state and federal law.

HUD Fair Housing Guidance

HUD’s 2016 and 2024 guidance applies to all landlords and housing providers nationwide, including private landlords in Minnesota outside Minneapolis and Saint Paul. The guidance establishes that a blanket policy of refusing to rent to anyone with a felony conviction may have a disparate impact on protected classes under the Fair Housing Act (42 U.S.C. § 3604) and could constitute discrimination unless justified by business necessity. Landlords who apply individualized assessment — considering the nature, recency, and relevance of the offense to tenancy — are in a much stronger position legally than those who apply blanket bans.

Members with felony history navigating housing searches in Minnesota should: obtain a copy of their BCA criminal history record; verify whether their conviction qualifies for automatic expungement under the Clean Slate Act or petitioned expungement under § 609A.02; in Minneapolis or Saint Paul, know the applicable lookback period and assert it when a landlord cites felony history older than seven (or ten) years; prepare a clear written statement describing the circumstances of the conviction, rehabilitation steps taken, stable housing history since release, and any community support; look for housing providers that explicitly work with

individuals who have criminal histories, including nonprofit affordable housing operators; and explore the HousingLink Beyond Backgrounds Financial Assurance program, which can provide landlords with up to $2,000 of financial assurance as an incentive to accept applicants with screening barriers.

This is informational only and not legal advice.

Under Minn. Stat. § 609.02, Subd. 1, a felony is a crime for which a sentence of imprisonment for more than one year may be imposed. Minnesota’s felony sentencing is governed by the Minnesota Sentencing Guidelines Commission, which establishes presumptive sentences based on offense severity level (1–11) and criminal history score. The Sentencing Guidelines are available at https://mn.gov/sentencing-guidelines/.

Felony convictions in Minnesota result in a permanent BCA criminal history record unless sealed through expungement. The record is accessible to background check companies through the BCA’s criminal history record system and through public court searches in MNCIS.

Under Minn. Stat. § 609A.02, Subd. 3, felony conviction expungement petitions are available if: (a) the individual has not been convicted of a new crime during the applicable waiting period (five years for felonies following discharge from sentence under the post-Clean Slate Act standards); and (b) the offense is not among the excluded categories. Excluded from petitioned expungement under Minnesota law are crimes requiring registration as a predatory offender under § 243.166, offenses constituting crimes against children listed in § 245C.15, and certain other serious offenses specified in § 609A.02.

Under Minn. Stat. § 609A.03, the petitioner files in the originating district court, and notice must be provided to the arresting agency, the BCA, the prosecutor, and other agencies. After a hearing, the court may grant the petition if the “benefit to the petitioner is commensurate with the disadvantages to the public and public safety of sealing the record.”

The Clean Slate Act (Minn. Stat. § 609A.015), enacted in 2023 and effective January 1, 2025, provides automatic sealing of eligible records by the BCA without a petition. The statute defines eligibility criteria that appear to primarily cover misdemeanors and gross misdemeanors, but may also capture certain lower-level felony convictions. The Clean Slate Initiative has estimated that approximately 500,000 Minnesotans are eligible for automatic sealing under this law.

Minneapolis Ordinance — Felony Provisions in Detail

Under the Minneapolis renter screening ordinance, the general lookback for felony convictions (all felonies except the nine enumerated serious offenses) is seven years from the date of sentencing. The extended ten-year lookback applies to: first-degree murder (Minn. Stat. § 609.185); second-degree murder (§ 609.19); third-degree murder (§ 609.195); first-degree manslaughter (§ 609.20); kidnapping (§ 609.25); first-degree criminal sexual conduct (§ 609.342); first-degree assault (§ 609.221); first-degree arson (§ 609.561); and first-degree aggravated robbery (§ 609.245).

Under both lookback periods, after the applicable time has passed, these offenses may not be considered under the inclusive criteria, even for the most serious enumerated offenses. The only exceptions are offenses mandated for denial under federal law — particularly controlled substance manufacturing or distribution under 21 U.S.C. § 802, and lifetime sex offender registration status in federally assisted housing.

Saint Paul Ordinance — Parallel Felony Framework

Saint Paul’s Ordinance 20-14, Section 193.04 is identical in structure to Minneapolis’s felony screening framework, with seven-year and ten-year lookback periods applying to the same categories of offense. The enforcement mechanism differs: Saint Paul enforces the ordinance through the Office of Financial Empowerment and the Department of Human Rights and Equal Economic Opportunity, and violations are misdemeanor-level offenses carrying up to a $700 fine and 90 days imprisonment, plus a private right of action for affected tenants.

Federal Housing Programs and Felony Screening

The federal public housing program and the Section 8 Housing Choice Voucher program have their own felony screening rules. Under 42 U.S.C. § 1437d(l)(6) and 24 C.F.R. § 960.204, PHAs are required to deny admission to applicants who have been evicted from federally assisted housing for drug-related criminal activity within a specified period and to those required to register for life as sex offenders. Beyond these mandatory denials, PHAs generally have discretion in how they apply felony screening, and HUD’s 2024 guidance on reducing barriers encourages PHAs to use individualized assessment rather than blanket bans.

Fair Housing Implications

HUD’s 2024 guidance (Federal Register, April 10, 2024) significantly strengthens the disparate impact analysis for criminal history screening. The guidance establishes that housing providers must conduct individualized assessments and may not use blanket criminal history bans. For private landlords in Minnesota outside Minneapolis and Saint Paul, this guidance provides tenants a basis for challenging denials where the landlord applied a blanket policy without individualized consideration, if the denial disproportionately affects a protected class.

Practitioner Navigation

Practitioners should: assess expungement eligibility for the specific felony; confirm lookback period protection in Minneapolis or Saint Paul; if the client is outside these cities, consider whether the HUD fair housing argument is available; prepare documentation of rehabilitation including treatment completion, employment, stable prior housing, references, and community support; and leverage the HousingLink Beyond Backgrounds program where the landlord may be willing to rent with financial assurance. For clients with older serious felonies who remain in the ten-year window, the most practical approach is targeting nonprofit affordable housing providers, second-chance landlords, and supportive housing programs that apply individualized assessment by design.

This is informational only and not legal advice.

Minnesota Statutes § 609.02 — Felony Definition https://www.revisor.mn.gov/statutes/cite/609.02

Minnesota Statutes Chapter 609A — Criminal Expungement https://www.revisor.mn.gov/statutes/cite/609A

Minnesota Statutes § 609A.015 — Automatic Expungement (Clean Slate Act) https://www.revisor.mn.gov/statutes/2025/cite/609A.015

Minnesota Statutes § 609A.02 — Petitioned Expungement Eligibility https://www.revisor.mn.gov/statutes/cite/609A.02

Minnesota Sentencing Guidelines Commission https://mn.gov/sentencing-guidelines/

Minneapolis Renter Screening Ordinance — Felony Lookback Provisions https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Ordinance — Ord. 20-14, Sec. 193.04 — Felony Lookback Provisions https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

HUD — Reducing Barriers to HUD-Assisted Housing (April 2024) https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

HUD — Fair Housing Act and Criminal Records Guidance (2016) https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF

Fair Housing Act — 42 U.S.C. § 3604 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3604

Minnesota Department of Public Safety — BCA Expungements https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements

Minnesota Attorney General — Clean Slate Tour https://www.ag.state.mn.us/Clean-Slate/

Felony convictions are reportable indefinitely under federal FCRA rules unless expunged. In Minneapolis and Saint Paul, local ordinances impose seven-year and ten-year lookback limits that protect applicants from denial based on older felony convictions. Outside these cities, landlords have broad discretion. Federal public housing programs have specific mandatory exclusions for drug manufacturing/distribution and lifetime sex offender registration. HUD’s 2024 guidance encourages individualized assessment rather than blanket bans across all housing programs. Expungement under Chapter 609A or automatic sealing under the Clean Slate Act removes the record from BCA databases and prohibits its use in screening.

HOME Line Phone: 612-728-5767 | Toll-free: 866-866-3546 Website: https://homelinemn.org What it helps with: Free tenant legal advice including challenges to felony-based screening denials and local ordinance rights in Minneapolis and Saint Paul.

Mid-Minnesota Legal Aid Phone: 1-800-292-4150 Website: https://mylegalaid.org What it helps with: Free civil legal services including expungement petitions for eligible felony convictions.

Southern Minnesota Regional Legal Services (SMRLS) Website: https://www.smrls.org What it helps with: Free legal services for low-income individuals in housing and criminal record matters in southern Minnesota.

Volunteer Lawyers Network (VLN) Phone: 612-752-6677 Website: https://www.vlnmn.org What it helps with: Free legal assistance including felony expungement petitions and housing access for qualifying individuals.

LawHelp Minnesota Website: https://www.lawhelpmn.org What it helps with: Plain-language legal guidance on felony expungement eligibility and tenant screening rights.

Housing Justice Center Phone: 612-807-1139 Website: https://hjcmn.org What it helps with: Strategic litigation and legal advocacy for tenants facing housing barriers based on felony records; enforcement of Minneapolis and Saint Paul ordinance rights.

Minnesota Department of Human Rights Phone: 651-539-1100 | 1-800-657-3704 Website: https://mn.gov/mdhr What it helps with: Housing discrimination complaints where felony history is applied as a blanket ban.

Reentry and Criminal Record Support

EMERGE Community Development — Reentry Services Minneapolis Phone: Phone not listed (see website) Website: https://emerge-mn.org/reentry-services/What it helps with: Housing resources, financial aid, and reentry support services for people leaving incarceration.

Central Minnesota Reentry Project (CMNRP) Stearns, Benton, and Sherburne Counties Website: https://cmnrp.org What it helps with: Transitional housing rooms in shared environments for people under supervision in central Minnesota.

Minnesota Department of Corrections — Reentry Resources Statewide Website: https://mn.gov/doc/offenders/reentry/What it helps with: State-level reentry programming and connection to housing resources post-incarceration.

HousingLink — Beyond Backgrounds Financial Assurance Website: https://www.housinglink.org/beyond-backgrounds-financial-assurance What it helps with: Financial assurance program (up to $2,000 above security deposit) for landlords who agree to rent to applicants with barriers including felony history.

Minnesota Statutes § 609.02 — Felony Definition https://www.revisor.mn.gov/statutes/cite/609.02

Minnesota Statutes Chapter 609A — Expungement Framework https://www.revisor.mn.gov/statutes/cite/609A

Clean Slate Act Implementation — BCA Minnesota https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements

Minnesota Clean Slate Initiative Summary https://www.cleanslateinitiative.org/updates/mn-implementation

VLN — Criminal Expungement Law Update (August 2024) https://www.vlnmn.org/wp-content/uploads/2024/07/August-2024-Tip-of-the-Month-Criminal-Exp ungement-Law-Update.pdf

Minneapolis Renter Screening Ordinance https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Policy Bulletin https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

HUD — Reducing Barriers to HUD-Assisted Housing (2024) https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

Housing Justice Center — Tenant Screening and Selection Report https://www.hjcmn.org/wp-content/uploads/2021/04/Tenant-Screening-Report.pdf

This is informational only and not legal advice.

This is informational only and not legal advice.

Reentry housing in Minnesota involves navigating multiple intersecting barriers simultaneously: a felony or misdemeanor conviction record, gaps in rental and income history, minimal or no credit history, limited savings, and potential conditions of supervised release that may restrict where you can live. All of these factors can surface in a standard tenant screening report and result in denial before a conversation ever happens.

Minnesota supports a network of reentry programs through both the public and nonprofit sectors. The Department of Corrections operates a reentry infrastructure including case managers who connect individuals to housing before and after release. Nonprofit organizations including Volunteers of America Minnesota, EMERGE Community Development, and the Central Minnesota Reentry Project operate transitional housing specifically designed for people leaving incarceration. The state’s HousingLink platform provides a searchable inventory of affordable rental housing, and the Beyond Backgrounds Financial Assurance program — administered by HousingLink — can provide up to $2,000 in financial assurance to landlords willing to rent to applicants with screening barriers, including criminal history.

Supervised release conditions in Minnesota may impose geographic restrictions — commonly prohibiting residence near schools or within specified distances from victims — and these must be confirmed with the supervising agent before pursuing specific housing options.

This is informational only and not legal advice.

Housing instability immediately following release from incarceration is one of the strongest predictors of reincarceration. Finding stable, affordable housing within the first weeks of release is not simply a quality-of-life issue — it is a public safety issue and a matter of basic human stability. Minnesota’s reentry population faces what advocates have described as a perfect storm: criminal history that triggers screening denials, no current income or limited income at release, no recent rental history, and potential conditions of supervised release that narrow available housing options further.

The scale is significant. The Minnesota Department of Corrections releases thousands of individuals annually from state prison. Each of them must navigate a housing market where private landlords increasingly rely on automated background screening, where affordable housing waitlists can span years, and where the connection between a past conviction and housing access is direct and often immediate.

The Role of the Minnesota Department of Corrections

The Minnesota Department of Corrections (DOC) provides reentry services and case management to individuals transitioning out of state prison facilities. Reentry case managers work with individuals pre-release to identify housing options, connect with community resources, and create a release plan. The DOC’s reentry programming is required by Minnesota law (Minn. Stat. § 241.26) to support transition planning.

Supervised release agents — the equivalent of parole officers — must approve the housing address an individual plans to use upon release. This approval process can be a barrier in itself: a surviving release to a jurisdiction where housing options are limited, or where conditions like proximity restrictions reduce available properties, can result in a delayed or rejected plan. Understanding this approval process and working with the DOC case manager or supervised release agent before release is essential.

Supervised Release Conditions and Housing Restrictions

Individuals released on supervised release in Minnesota may face conditions that restrict where they can live. These may include: geographic proximity restrictions (common for sex offenses, discussed in Barrier 7); prohibitions on living with co-defendants or victims; requirements to notify the supervised release agent of any change in residence; and in some cases, requirements to live in a specific county or region.

The supervised release agent has authority to approve or disapprove a proposed housing plan. If a plan is rejected — because the address is not suitable, because the member is not on a lease, or because conditions are not met — the individual may be required to remain in custody or in a transitional facility until an approved plan is in place.

Minnesota Transitional Housing Programs

Minnesota has a network of transitional and supportive housing programs specifically serving individuals post-incarceration. Volunteers of America Minnesota and Wisconsin operate Residential Reentry Centers in the Twin Cities, providing structured transitional housing with case management. EMERGE Community Development in Minneapolis provides reentry services including housing resources, financial assistance, career coaching, and job training for people transitioning from incarceration. The Central Minnesota Reentry Project (CMNRP) serves Stearns, Benton, and Sherburne Counties with transitional housing specifically for individuals under supervision.

HousingLink’s searchable database at housinglink.org is a statewide tool connecting individuals with affordable rental properties across Minnesota, many of which are operated by nonprofits and affordable housing developers that take a more individualized approach to criminal history screening.

The Beyond Backgrounds Financial Assurance program, administered by HousingLink, is a practical and underutilized tool for reentry housing in Minnesota. The program provides landlords with up to $2,000 of financial assurance — money paid at the end of the lease to cover damages, unpaid rent, or lease violations above the security deposit level — at no cost to the landlord, in exchange for the landlord agreeing to rent to an applicant with screening barriers. The applicant must have a verified income source (employment or ongoing rental assistance such as a Housing Choice Voucher). This program directly addresses the landlord’s financial risk concern, which is often the underlying reason for criminal history screening denials.

Individuals navigating reentry housing in Minnesota should: establish contact with a DOC reentry case manager or a community reentry organization as early as possible before release; identify the range of housing options that will satisfy supervised release conditions; obtain reference letters from DOC staff, treatment counselors, or community organization contacts; obtain documentation of any income source, benefits, or employment; apply for mainstream benefits immediately upon release, including Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) if applicable, which also opens access to Medicaid and may support housing voucher eligibility; contact HousingLink to search available affordable housing units; inquire with local PHAs about Housing Choice Voucher waitlist openings, including any preference for reentry or homeless populations; and explore the Beyond Backgrounds program to approach private market landlords with a financial assurance offer.

This is informational only and not legal advice.

Minnesota’s reentry infrastructure is shaped by multiple statutory provisions and administrative policies. Minn. Stat. § 241.26 governs DOC reentry programming obligations. The supervised release system — Minnesota’s form of parole — is governed by Minn. Stat. § 244.05 and related provisions, which establish conditions of release, revocation procedures, and the role of supervised release agents in approving housing plans.

Supervised release conditions are set by the DOC and may be modified by petition for significant hardship or change in circumstances. Conditions that restrict housing options must be communicated clearly to the individual pre-release so that housing searches can begin with accurate parameters.

Public Benefits and Housing Eligibility

Individuals released from state prison in Minnesota typically need to rapidly re-establish eligibility for public benefits including Medicaid/Medical Assistance, Supplemental Nutrition Assistance Program (SNAP), and potentially SSI/SSDI. Under federal law (42 U.S.C. § 1382), SSI is suspended during incarceration and must be reinstated post-release. The Social Security Administration has a pre-release agreement program in which SSI reinstatement is processed before release in coordination with the correctional institution.

Access to income and health coverage directly affects housing access, both because income documentation is required in most rental applications and because income is required to participate in programs like the Beyond Backgrounds Financial Assurance.

Felony Drug Offense — SNAP and Housing Eligibility

Historically, federal law imposed a lifetime ban on SNAP and TANF eligibility for individuals convicted of certain felony drug offenses. Minnesota has opted out of this federal ban and does not impose the federal drug felon SNAP lifetime disqualification. However, individuals with certain drug convictions may face barriers in federally assisted housing programs under 42 U.S.C. § 1437d(l)(6) and HUD regulations at 24 C.F.R. § 960.204. PHAs have discretion to screen for drug-related criminal activity in public housing and voucher programs, but HUD’s 2024 guidance encourages individualized assessment.

HCV — Homeless Preference and Reentry Populations

Many PHAs in Minnesota have adopted admissions preferences for homeless or recently released individuals in their Housing Choice Voucher programs. Minneapolis Public Housing Authority (MPHA) and Metro HRA — Metropolitan Council both administer HCV programs and may have preferences or targeted outreach for reentry populations. Members should inquire directly with the relevant PHA about whether a homeless or reentry preference is available and how to document eligibility.

Minnesota Assistance Council for Veterans (MACV) — Reentry Context

Veterans who are released from incarceration have access to specialized programs through MACV and the HUD-VASH program (see Barrier 13). MACV operates housing programs specifically for veterans who are homeless or at risk, including transitional housing and permanent supportive housing.

Supervised Release Housing Plan Disputes

If a supervised release agent rejects a housing plan without adequate basis, the individual may be entitled to request a review or hearing through the DOC. Housing advocates, reentry case managers, and legal aid organizations can assist individuals in presenting a valid housing plan and challenging unreasonable conditions. HOME Line and the Volunteer Lawyers Network handle some housing matters arising from conditions of supervised release.

Practitioner Considerations

Practitioners working with reentry clients should: obtain a release plan from the DOC before the client’s release date; confirm supervised release conditions and geographic restrictions; assess criminal history expungement eligibility (many reentry clients have convictions eligible for eventual expungement); document the client’s income, benefits enrollment, and employment prospects; connect the client with transitional housing programs as a first-step bridge; and pursue market-rate housing with the Beyond Backgrounds program or with affordable housing operators who use individualized assessment.

Legal practitioners should also be aware that the Fair Chance Access to Housing Act proposal (SF 4015/HF 4785), introduced in the 2024 Minnesota legislative session, would have imposed statewide individualized assessment requirements on landlords in the private rental market for criminal history screening. Although it did not pass in 2024, it signals an ongoing legislative effort to create statewide protections that currently exist only in Minneapolis and Saint Paul.

This is informational only and not legal advice.

Minnesota Statutes § 241.26 — DOC Reentry Programming https://www.revisor.mn.gov/statutes/cite/241.26

Minnesota Statutes § 244.05 — Supervised Release https://www.revisor.mn.gov/statutes/cite/244.05

Minnesota Statutes Chapter 609A — Expungement https://www.revisor.mn.gov/statutes/cite/609A

Minneapolis Renter Screening Ordinance https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Ordinance — Sec. 193.04 https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

HUD — Reducing Barriers to HUD-Assisted Housing (April 2024) https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

Minnesota Fair Chance Access to Housing Act — 2024 Legislative Materials (SF 4015/HF 4785) https://www.lrl.mn.gov/archive/minutes/senate/2024/jud/20240318/Jud_20240318_SF4015-MN-Fair-Chance-Access-to-Housing-Act-FAQ.pdf

Minnesota Department of Corrections — Reentry https://mn.gov/doc/offenders/reentry/

Reentry clients face a compound screening challenge: felony conviction history, potential gaps in rental and credit history, limited income documentation, and conditions of supervised release all interact with standard tenant screening criteria simultaneously. In Minneapolis and Saint Paul, local ordinance lookback limits provide some protection from older felony records, but recent convictions remain fully screenable. Outside these cities, private landlords have full discretion to apply felony-based denial policies. The Beyond Backgrounds financial assurance program offers a practical tool for private market entry. PHAs may have homeless or reentry preferences for HCV programs. HUD’s 2024 guidance encourages all housing providers, including private landlords, to use individualized assessment rather than blanket criminal history bans.

HOME Line Phone: 612-728-5767 | Toll-free: 866-866-3546 Website: https://homelinemn.org What it helps with: Free tenant legal advice for reentry clients facing housing denials and screening challenges.

Volunteer Lawyers Network (VLN) Phone: 612-752-6677 Website: https://www.vlnmn.org What it helps with: Free civil legal assistance for qualifying low-income individuals including housing and expungement.

Mid-Minnesota Legal Aid Phone: 1-800-292-4150 Website: https://mylegalaid.org What it helps with: Free civil legal services for low-income clients in reentry housing situations.

Southern Minnesota Regional Legal Services (SMRLS) Website: https://www.smrls.org What it helps with: Free housing legal assistance in southern Minnesota.

Housing Justice Center Phone: 612-807-1139 Website: https://hjcmn.org What it helps with: Tenant rights enforcement and legal advocacy for reentry populations facing housing barriers.

Minnesota Department of Human Rights Phone: 651-539-1100 | 1-800-657-3704 Website: https://mn.gov/mdhr What it helps with: Housing discrimination complaints related to criminal history screening.

Reentry and Criminal Record Support

EMERGE Community Development — Reentry Services Minneapolis Website: https://emerge-mn.org/reentry-services/What it helps with: Housing resources, financial assistance, career coaching, and job training for people leaving incarceration in the Minneapolis area.

Volunteers of America Minnesota and Wisconsin — Residential Reentry Centers Twin Cities Phone: 612-278-4200 (Minneapolis) | 651-488-2073 (Saint Paul) | 952-945-4000 (corporate) Website: https://www.voamnwi.org/residential-reentry-centers What it helps with: Structured transitional housing with case management for people transitioning from incarceration.

Central Minnesota Reentry Project (CMNRP) Stearns, Benton, and Sherburne Counties Website: https://cmnrp.org What it helps with: Transitional housing rooms in shared environments for individuals under supervision in central Minnesota.

Minnesota Department of Corrections — Reentry Statewide Website: https://mn.gov/doc/offenders/reentry/What it helps with: Pre-release reentry planning, case management, and connection to post-release resources.

Minnesota DEED — Reentry Grant Program Statewide Website: https://mn.gov/deed/programs-services/dislocated-worker/grants/re-entry/index.jsp What it helps with: Employment and training services for individuals 0-6 months pre/post-release from state prisons.

HousingLink — Beyond Backgrounds Financial Assurance Website: https://www.housinglink.org/beyond-backgrounds-financial-assurance What it helps with: Financial assurance program providing up to $2,000 to landlords who agree to rent to applicants with screening barriers including criminal history.

HousingLink — Affordable Rental Search Website: https://www.housinglink.org What it helps with: Statewide searchable database of affordable rental housing, including properties operated by nonprofits using individualized screening approaches.

Minnesota Housing — Find Housing Help Website: https://www.mnhousing.gov/home/housing-help What it helps with: Connection to rental assistance, housing programs, and housing navigation resources statewide.

Minneapolis Public Housing Authority (MPHA) Phone: 612-342-1475 Website: https://mphaonline.org What it helps with: Housing Choice Voucher program and public housing, including potential preferences for reentry and homeless populations.

Metro HRA — Metropolitan Council Phone: 651-602-1880 Website: https://metrocouncil.org/Housing/Services/Metro-HRA-Rental-Assistance.aspx What it helps with: HCV program for suburban Twin Cities area.

Minnesota Statutes § 241.26 — DOC Reentry https://www.revisor.mn.gov/statutes/cite/241.26

Minnesota Statutes § 244.05 — Supervised Release https://www.revisor.mn.gov/statutes/cite/244.05

Minnesota DOC — Reentry Resources https://mn.gov/doc/offenders/reentry/

Minnesota DEED — Reentry Grant Program https://mn.gov/deed/programs-services/dislocated-worker/grants/re-entry/index.jsp

HousingLink — Beyond Backgrounds Program https://www.housinglink.org/beyond-backgrounds-financial-assurance

Volunteers of America — Residential Reentry Centers https://www.voamnwi.org/residential-reentry-centers

Minnesota Fair Chance Access to Housing Act Legislative FAQ https://www.lrl.mn.gov/archive/minutes/senate/2024/jud/20240318/Jud_20240318_SF4015-MN-Fair-Chance-Access-to-Housing-Act-FAQ.pdf

HUD Guidance — Reducing Barriers to HUD-Assisted Housing (2024) https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

a qualified professional for case-specific decisions. in the Legal Node at

This is informational only and not legal advice.

This is informational only and not legal advice.

Minnesota’s predatory offender registration system is governed by Minn. Stat. § 243.166, which requires individuals convicted of certain qualifying offenses — primarily sexual crimes — to register their address with law enforcement. The registration requirement is separate from the community notification system, which assigns registrants to one of three risk levels based on a formal assessment by a committee established under Minn. Stat. § 244.052.

Level I registrants are considered lower risk; information is made available to law enforcement and certain agencies but is not generally released to the public. Level II registrants present a moderate risk; notifications may go to schools, day care facilities, and other specified entities near the registrant’s address. Level III registrants present the highest assessed risk; their information is actively released to the broader community, meaning neighbors, community organizations, and the general public may be notified when they move into an area. This community notification makes private market housing extraordinarily difficult for Level III registrants.

Federal law under 42 U.S.C. § 13663 requires that public housing authorities and federally assisted housing programs deny admission to persons subject to a lifetime sex offender registration requirement under any state sex offender registration program. This is a mandatory denial, not a discretionary one, and it applies to all federally assisted housing including public housing and the Section 8 Housing Choice Voucher program.

Registration requirements under Minn. Stat. § 243.166 include a requirement to notify the registering agency at least five days before moving to a new address.

This is informational only and not legal advice.

Minnesota’s predatory offender registration statute, Minn. Stat. § 243.166, requires registration for individuals who were charged with or petitioned for a qualifying felony offense involving sexual conduct, crimes against children, or other specified offenses. Registration is a mandatory condition attached to qualifying sentences and supervised release. The duration of the registration obligation varies by offense: for many qualifying offenses, registration continues for the duration of supervision and for ten years after. For lifetime registrants — typically those with multiple qualifying offenses or the most serious convictions — registration never ends.

Registrants must report to law enforcement their primary address, secondary addresses, employment address, and school address. Under Minn. Stat. § 243.166, a registrant must notify the agency at least five days before establishing a new primary address. This notification requirement means that any housing search must account for this advance-notice obligation.

The Three-Level Risk Assessment System

The End-of-Confinement Review Committee (ECRC), established under Minn. Stat. § 244.052, assigns risk levels to predatory offenders who have been incarcerated. The committee considers the nature of the offense, recidivism risk assessments, and other factors in assigning Level I, II, or III status. This risk level determines the scope of community notification that will occur when the registrant moves to a new area.

For Level III registrants, community notification is active and broad. Law enforcement will notify neighbors and community organizations in the registrant’s vicinity of their presence. For private market landlords, this means that renting to a Level III registrant creates the certainty of a community notification event — an outcome many landlords wish to avoid. As a practical matter, Level III registration status creates severe housing barriers in the private market.

Residency Restrictions in Minnesota

Minnesota state law does not impose a statewide blanket residency restriction on all predatory offenders. However, under Minn. Stat. § 244.052, Subd. (k), the ECRC may include residency restrictions as part of the Level III risk assignment. Additionally, many Minnesota municipalities have adopted local residency restriction ordinances that prohibit predatory offenders from residing within specified distances from schools, parks, playgrounds, and other locations where children congregate.

The City of Mayer, for example, under § 130.03 of its code, makes it unlawful for any “designated offender” to establish a permanent or temporary residence within 1,000 feet of any school, public park, or public playground. Similar ordinances exist in other Minnesota cities and townships. The scope, triggers, and distances of these restrictions vary by municipality. Registrants must verify whether the municipality where they intend to live has adopted such restrictions before signing a lease.

Federal Assisted Housing — Mandatory Denial

Under 42 U.S.C. § 13663 and implemented in HUD regulations at 24 C.F.R. § 960.204 (public housing) and 24 C.F.R. § 982.553 (HCV program), housing authorities are required to prohibit admission to federally assisted housing programs of any person who is subject to a lifetime sex offender registration requirement under any state’s sex offender registration program. This is a mandatory exclusion that PHAs cannot waive, and it applies regardless of the registrant’s risk level assignment.

For registrants who are not subject to a lifetime registration requirement — those with a time-limited registration obligation — the federal mandatory exclusion does not apply. PHAs still have discretion to screen for sex-offense history in those cases and may consider the nature of the offense, time elapsed, and other factors consistent with HUD guidance.

Private Market Screening

In the private rental market, registered sex offenders face the most severe housing barriers of any category in this Atlas, including in Minneapolis and Saint Paul. While the Minneapolis renter screening ordinance and Saint Paul S.A.F.E. Housing Ordinance both contain exceptions permitting landlords to deny applicants who are subject to a lifetime sex offender registration requirement in federally assisted housing, these exceptions do not limit private landlords from denying registrants in all cases — the ordinances’ protections do not override the landlord’s right to deny based on federal program compliance requirements or based on individualized assessment of offense-specific risk.

Navigating Housing on the Registry

Housing on the registry in Minnesota requires a fundamentally different navigation strategy than most other barriers. The most successful approaches typically involve: working directly with reentry housing organizations that specifically serve registrants; identifying nonprofit or supportive housing providers that conduct individualized assessments; consulting with the supervising agent or supervised release officer about approved housing options; verifying local residency restrictions before committing to any specific address; and in some cases, working with a housing advocate or attorney who understands the specific restrictions applicable to the registrant’s level and offense history.

Organizations working specifically with this population include the Jacob Wetterling Resource Center and MNCASA in Minnesota, as well as national organizations such as NARSOL (National Association for Rational Sexual Offense Laws), which has a Minnesota affiliate. Legal challenges to overbroad residency restrictions are ongoing in Minnesota and nationally.

This is informational only and not legal advice.

Minn. Stat. § 243.166 is the primary statute governing predatory offender registration in Minnesota. It defines which offenses trigger registration, the mechanics of registration (initial registration, address change notification, registration renewal), and the consequences of failure to register. The statute requires registrants to appear in person to register and update their registration, and requires at least five days advance notice before changing a primary address.

The definition of qualifying offenses under § 243.166, Subd. 1b, includes felony violations of Chapter 609 related to criminal sexual conduct, solicitation of children, certain child pornography offenses, and other specified serious offenses. Minn. Stat. § 243.167 expands the registration requirement to include individuals convicted of crimes against persons who also have a prior sex-offense-related adjudication.

Risk Level Assignment — Minn. Stat. § 244.052

The ECRC assigns risk levels under § 244.052 using a validated risk assessment instrument. The committee has authority to include conditions in the risk level assignment, including residency restrictions for Level III offenders (§ 244.052, Subd. (k)). The assigned risk level may be appealed by the offender through the judicial process, and the statute provides a mechanism for requesting a risk level reduction over time.

Federal Law — Mandatory Exclusion from Assisted Housing

42 U.S.C. § 13663 (Violence Against Women Act, 2000 amendment) provides the congressional mandate for denial of admission to federally assisted housing for persons subject to a lifetime sex offender registration requirement. HUD implemented this at 24 C.F.R. § 960.204 (public housing admissions) and 24 C.F.R. § 982.553 (Housing Choice Voucher admissions). The mandatory exclusion applies to any member of the household, not just the primary applicant — meaning a registrant subject to lifetime registration may not reside in a unit occupied by anyone receiving federal rental assistance, even if the registrant is not the voucher holder.

Local Residency Restriction Ordinances

Minnesota municipalities have authority under their general police powers to adopt residency restrictions for predatory offenders. The reach, distance, and triggering definitions vary significantly by municipality. Unlike some states, Minnesota does not have a statewide residency restriction preemption statute that would invalidate local restrictions. This means registrants must research the specific municipality before committing to an address.

Legal challenges to Minnesota residency restrictions have been filed in state and federal courts. In 2018, NARSOL and Minnesota affiliates challenged residency restrictions in Hennepin County on constitutional grounds. Courts have generally upheld residency restrictions as a valid exercise of police power but have sometimes found specific implementations to be punitive rather than regulatory. The constitutional analysis of residency restrictions is ongoing and state-specific.

Fair Housing Analysis — Protected Class Issues

Sex offender registry status is not a protected class under the federal Fair Housing Act or the Minnesota Human Rights Act. Landlords may deny applications based on sex offender registration without triggering fair housing liability in most circumstances. However, where a landlord’s screening policy disproportionately impacts a racial or ethnic group that is overrepresented in the registrant population, a disparate impact theory under the FHA may theoretically apply, though this theory is rarely pursued in this context given the nature of the underlying offenses.

SORNA and Interstate Obligations

The Sex Offender Registration and Notification Act (SORNA), 34 U.S.C. §§ 20901 et seq., establishes federal minimum standards for sex offender registration across states. Minnesota’s registration system complies with SORNA requirements. When a registrant moves to or from Minnesota, SORNA requires notification across state lines and continued registration obligations in the receiving state.

Practitioner Navigation

Legal practitioners and housing navigators working with predatory offender registrants face the most constrained housing environment of any population covered in this Atlas. The most practical navigation approach involves: confirming the exact duration of the registration obligation (lifetime vs. time-limited); determining the assigned risk level and any ECRC-imposed conditions; researching municipal residency restrictions in target housing areas before beginning the search; identifying nonprofit and supportive housing providers who accept registrants with appropriate supervision; working directly with the supervised release agent to get preapproval of specific addresses before lease signing; and understanding that federally assisted housing — including all Section 8 and public housing programs — is categorically unavailable to lifetime registrants.

This is informational only and not legal advice.

Minnesota Statutes § 243.166 — Predatory Offender Registration https://www.revisor.mn.gov/statutes/cite/243.166

Minnesota Statutes § 243.167 — Predatory Offender Registration (Crimes Against Persons) https://www.revisor.mn.gov/statutes/cite/243.167

Minnesota Statutes § 244.052 — End-of-Confinement Review Committee and Risk Level Assignment https://www.revisor.mn.gov/statutes/cite/244.052

42 U.S.C. § 13663 — Federal Mandatory Exclusion from Federally Assisted Housing https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13663

24 C.F.R. § 960.204 — Public Housing Admissions — Sex Offender Exclusion https://www.ecfr.gov/current/title-24/part-960/section-960.204

24 C.F.R. § 982.553 — HCV Program — Sex Offender Exclusion https://www.ecfr.gov/current/title-24/part-982/section-982.553

Sex Offender Registration and Notification Act (SORNA) — 34 U.S.C. §§ 20901 et seq. https://uscode.house.gov/view.xhtml?path=/prelim@title34/subtitle1/chapter209&edition=prelim

Local Residency Restriction Example — City of Mayer, MN § 130.03 https://codelibrary.amlegal.com/codes/mayer/latest/mayer_mn/0-0-0-8724

MnATSA — Residency Restrictions in Minnesota (Research Summary) https://mnatsa.org/wp-content/uploads/2020/02/MnATSA-Residency-Restrictions-Feb-2019-Revi sed.pdf

Minnesota BCA — Predatory Offender Registration Unit https://dps.mn.gov/divisions/bca

Predatory offender registration creates the most severe housing screening barrier of any category in this Atlas. Lifetime registrants are categorically excluded from all federally assisted housing programs including public housing and Housing Choice Vouchers, with no waiver or exception process available to PHAs. Level III registrants face active community notification when they move, which significantly discourages private landlords from accepting them. Local municipal residency restrictions may further eliminate certain addresses. The private rental

market offers the only realistic avenue for housing in most cases, and it requires individualized outreach and navigation that extends well beyond standard application processes.

HOME Line Phone: 612-728-5767 | Toll-free: 866-866-3546 Website: https://homelinemn.org What it helps with: General tenant legal advice; may assist with lease disputes and housing rights questions for registrants in the private market.

Volunteer Lawyers Network (VLN) Phone: 612-752-6677 Website: https://www.vlnmn.org What it helps with: Free civil legal assistance for qualifying individuals; may assist with housing law questions and residency restriction legal analysis.

LawHelp Minnesota Website: https://www.lawhelpmn.org What it helps with: Self-help legal information on Minnesota predatory offender registration, supervised release conditions, and tenant rights.

Minnesota Department of Human Rights Phone: 651-539-1100 | 1-800-657-3704 Website: https://mn.gov/mdhr What it helps with: Housing discrimination complaints; note that sex offender registry status is not a protected class but intersecting discrimination may be present in some cases.

Reentry and Criminal Record Support

Minnesota Department of Corrections — Predatory Offender Registration Program Statewide Website: https://mn.gov/doc What it helps with: Registration processing, supervised release planning, and reentry support for registrants transitioning from prison.

Minnesota BCA — Predatory Offender Registration Unit Website: https://dps.mn.gov/divisions/bca What it helps with: Registration administration, address updates, and registration compliance information.

Housing Resources for Registrants

HousingLink Website: https://www.housinglink.org What it helps with: Searchable database of affordable rental housing; some nonprofit providers use individualized assessment.

Project for Pride in Living (PPL) Minneapolis/Twin Cities Website: https://www.ppl-inc.org What it helps with: Affordable housing development and management with supportive services; contact directly regarding screening criteria.

Minnesota Housing — Find Housing Help Website: https://www.mnhousing.gov/home/housing-help What it helps with: Connection to housing programs and rental assistance resources statewide.

Minnesota Statutes § 243.166 https://www.revisor.mn.gov/statutes/cite/243.166

Minnesota Statutes § 244.052 — ECRC and Risk Level https://www.revisor.mn.gov/statutes/cite/244.052

42 U.S.C. § 13663 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section13663

HUD — Federally Assisted Housing Sex Offender Admissions Rules https://www.hud.gov/states/minnesota

MnATSA Residency Restrictions Analysis https://mnatsa.org/wp-content/uploads/2020/02/MnATSA-Residency-Restrictions-Feb-2019-Revi sed.pdf

NIJ — Residency Restrictions and Sex Offender Recidivism https://nij.ojp.gov/library/publications/residency-restrictions-and-sex-offender-recidivism-implicati ons-public-safety

NARSOL Minnesota — Legal Challenges https://www.narsol.org/2018/01/minnesota-sex-offenders-challenge-residency-restrictions/

Minneapolis Renter Screening Ordinance https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Policy Bulletin https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

This is informational only and not legal advice.

This is informational only and not legal advice.

Chapter 7 bankruptcy is a federal liquidation bankruptcy proceeding that discharges most unsecured debts — including credit card debt, medical bills, personal loans, and in some cases lease-related debt — in exchange for the liquidation of non-exempt assets. In Minnesota, the bankruptcy process is governed by the federal Bankruptcy Code (11 U.S.C. Chapter 7) and administered by the United States Bankruptcy Court for the District of Minnesota.

For housing purposes, a Chapter 7 filing creates two distinct barriers. The first is the credit reporting consequence: under FCRA (15 U.S.C. § 1681c), a Chapter 7 bankruptcy may be reported on consumer credit reports for ten years from the date of filing. This ten-year reporting window is the longest of any item on a credit report, and the presence of a recent bankruptcy typically results in a significantly lowered credit score. Because many landlords require minimum credit scores or conduct credit checks as part of screening, a recent bankruptcy is a common cause of rental denial.

The second barrier is the rental history consequence: if an outstanding balance owed to a prior landlord was discharged in the bankruptcy, the landlord may report a negative rental history, and any unpaid balance that existed prior to discharge may affect the credit profile in ways beyond the bankruptcy itself.

Minnesota’s Saint Paul and Minneapolis ordinances restrict use of credit scores as a standalone denial basis — credit score itself cannot be used to deny an application in these cities — but relevant credit information such as debt owed to a prior landlord is still permissible.

This is informational only and not legal advice.

Chapter 7 bankruptcy provides a fresh financial start for individuals overwhelmed by debt, but it creates a visible and long-lasting record that affects every aspect of financial life, including the ability to rent housing. For Minnesota renters, the interaction between bankruptcy records, credit reporting, and tenant screening creates specific challenges that are worth understanding in full.

What Chapter 7 Does to a Credit Profile

When Chapter 7 is filed, a notation appears on all three major credit reports — Equifax, Experian, and TransUnion — and remains for ten years from the filing date. During this ten-year window, the bankruptcy notation is visible to any lender, landlord, or entity that pulls the credit report. The direct impact on the credit score depends on the individual’s prior credit profile, but in most cases a Chapter 7 bankruptcy causes a significant score reduction in the short term.

Over time — typically two to four years after discharge with responsible credit behavior — credit scores recover considerably even while the bankruptcy notation remains. This means a member who filed Chapter 7 four or five years ago may have a meaningfully different credit profile than one who filed last year, even though both technically have a bankruptcy on record.

How Minnesota Landlords Use Bankruptcy in Screening

Private landlords in Minnesota who conduct credit checks will see the bankruptcy notation. Outside Minneapolis and Saint Paul, landlords have full discretion to use a credit score threshold and may deny based on a low score that is partly attributable to a bankruptcy. In Minneapolis and Saint Paul, the local ordinances prohibit landlords who use the inclusive screening criteria from denying based on credit score itself — but those ordinances do allow landlords to consider relevant credit information such as debt owed to a former landlord or utility company. A prior landlord balance that was discharged in bankruptcy may still surface as relevant credit information in the application review.

This distinction matters: the bankruptcy itself cannot be used as a standalone denial basis in Minneapolis or Saint Paul under the inclusive criteria framework, but debts arising from prior tenancies that were discharged in the bankruptcy may still be considered relevant to the applicant’s ability to pay rent.

Post-Discharge Financial Stability as a Counter-Narrative

One practical reality that housing navigators often underutilize is that a bankruptcy discharge is, in a financial sense, a reset. The individual typically emerges from Chapter 7 with no remaining unsecured debt obligations. A landlord who considers post-discharge income stability, employment history, and reduced debt load as positive factors may view a bankruptcy in a more

favorable light than the credit score alone suggests. Preparing a written narrative that explains the circumstances of the bankruptcy — whether driven by a medical crisis, job loss, divorce, or other identifiable event — and that demonstrates current financial stability, is a powerful tool in a housing application.

Rental History Implications of Bankruptcy

If a member had an outstanding balance owed to a prior landlord at the time of Chapter 7 filing, that balance may have been discharged in the proceeding. However, the landlord may have already reported the negative history to a tenant screening database, and the screening report may show the derogatory rental reference independent of what happens to the underlying debt in bankruptcy. For this reason, members should check both their credit reports and, if possible, their rental history through major tenant screening databases before applying for housing.

Publicly Assisted Housing

The Housing Choice Voucher program and public housing programs do not have a mandatory exclusion for bankruptcy. PHAs review financial history as part of admissions screening but bankruptcy alone is generally not grounds for denial from a PHA. Individual PHAs may have their own screening criteria, however, and members should inquire about the specific PHA’s policy.

Rebuilding Credit After Chapter 7

Steps that Minnesota residents can take to rebuild credit after Chapter 7 include: obtaining a secured credit card; becoming an authorized user on a trusted account; ensuring that any remaining legitimate debts (student loans, car loans) are paid on time; and disputing any inaccuracies on the credit report under FCRA § 1681i. The Consumer Financial Protection Bureau (CFPB) and the Minnesota Attorney General’s office provide credit counseling referrals and consumer financial resources.

This is informational only and not legal advice.

Chapter 7 bankruptcy is governed by 11 U.S.C. §§ 701 et seq. The bankruptcy petition is filed in the United States Bankruptcy Court for the District of Minnesota, headquartered in Minneapolis with divisions serving the entire state. The filing triggers an automatic stay under 11 U.S.C. § 362, which halts collection actions, eviction proceedings (with limitations), and most civil litigation against the debtor.

A Chapter 7 case typically proceeds to discharge — the formal elimination of most unsecured debts — within three to four months of filing. Minnesota has both federal exemptions and state exemptions available to debtors; a Minnesota debtor must choose one set (11 U.S.C. § 522(b)). Minnesota’s homestead exemption, vehicle exemption, and personal property exemptions are relevant to what assets a debtor may keep through the bankruptcy.

Lease Status in Chapter 7

Under 11 U.S.C. § 365, a Chapter 7 trustee may assume or reject an unexpired lease. In most consumer Chapter 7 cases, the trustee abandons residential leases because they have no liquidation value. The debtor may assume the lease personally (outside the bankruptcy estate) and continue the tenancy. If the debtor has prepetition rent arrearages, those arrearages may be discharged, but the landlord may seek to evict for the arrearage unless the debtor cures the arrearage or otherwise reaches an agreement.

Under 11 U.S.C. § 362(b)(22), the automatic stay does not apply to eviction proceedings where the landlord obtained a judgment for possession before the bankruptcy was filed. This is an important limitation on the automatic stay’s housing protections.

Under FCRA 15 U.S.C. § 1681c(a)(1), a Chapter 7 bankruptcy may be reported on a consumer credit report for ten years from the date of entry of the order for relief. This is the longest statutory reporting period for any consumer credit item. A Chapter 13 repayment plan (Barrier 9) is limited to seven years. Under § 1681c(b), the ten-year limitation applies regardless of the purpose of the credit report (employment, housing, lending), making it the most persistent credit barrier.

Minneapolis and Saint Paul Credit Screening Restrictions

Minneapolis Code Chapter 244.2030 and Saint Paul Ord. 20-14, Sec. 193.04 both prohibit landlords from using a numerical credit score as a basis for denial under the inclusive screening criteria. Both ordinances allow landlords to consider relevant credit information such as debt owed to a prior landlord or utility company. The bankruptcy notation itself — as distinct from a credit score — may be considered relevant credit information under the ordinances’ frameworks, though landlords using individualized assessment must give the applicant an opportunity to explain the circumstances.

If a tenant who is facing eviction files a Chapter 7 bankruptcy petition, the automatic stay under 11 U.S.C. § 362 temporarily halts the eviction proceeding in most circumstances. However, under § 362(b)(22) and (23), a landlord who has already obtained a judgment for possession before the petition was filed may proceed with eviction without seeking stay relief. For a tenant

who files before a judgment is entered, the stay requires the landlord to either wait until stay relief is granted by the bankruptcy court or until the case is closed.

U.S. Trustee — Region 12

The United States Trustee for Region 12 oversees bankruptcy cases in a multi-state region that includes Minnesota and neighboring jurisdictions. The trustee’s office at the District of Minnesota bankruptcy court supervises Chapter 7 panel trustees who administer individual cases. Contact information for the court and trustee program is available at https://www.mnb.uscourts.gov and https://www.justice.gov/ust/ust-regions-r12.

Practitioner Notes

Housing practitioners assisting clients with recent Chapter 7 filings should: obtain a copy of the discharge order and any docket entries showing the case outcome; review the client’s current credit reports for accuracy; confirm whether any prior landlord balances were included in the discharge; prepare documentation showing current income stability and post-discharge credit behavior; assist the client in preparing a written narrative for housing applications; and in Minneapolis and Saint Paul, advise the client of local ordinance protections against credit score-based denial and the right to provide explanatory information during individualized assessment.

This is informational only and not legal advice.

11 U.S.C. Chapter 7 — Bankruptcy Liquidation Proceedings https://uscode.house.gov/view.xhtml?path=/prelim@title11/chapter7&edition=prelim

11 U.S.C. § 362 — Automatic Stay https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section362

11 U.S.C. § 365 — Executory Contracts and Unexpired Leases https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section365

Fair Credit Reporting Act — 15 U.S.C. § 1681c — Reporting Periods https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

United States Bankruptcy Court — District of Minnesota https://www.mnb.uscourts.gov/

U.S. Trustee Program — Region 12 (Minnesota) https://www.justice.gov/ust/ust-regions-r12

Minneapolis Renter Screening Ordinance — Credit Score Provisions https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Ordinance — Credit Score Provisions https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Minnesota Attorney General — Credit and Debt Handbook https://www.ag.state.mn.us/consumer/handbooks/CreditHnbk/CH6.asp

A Chapter 7 bankruptcy filing is reportable on credit reports for ten years from the date of filing. It typically reduces the credit score significantly in the short term, recovering over two to four years with responsible financial behavior. Private landlords in most of Minnesota may use low credit scores — partially attributable to bankruptcy — as denial grounds. In Minneapolis and Saint Paul, credit score itself cannot be used as a denial basis under the inclusive screening framework, but relevant credit information including prior landlord debt may be considered. PHAs do not have a mandatory exclusion for bankruptcy. Post-discharge financial stability and income documentation are key to overcoming this barrier in housing applications.

United States Bankruptcy Court — District of Minnesota Minneapolis Phone: Phone not listed (see website) Website: https://www.mnb.uscourts.gov/What it helps with: Official court information, debtor resources, forms, and self-help materials for bankruptcy proceedings.

Volunteer Lawyers Network — Bankruptcy Advice Clinic Twin Cities Phone: 612-752-6677 Website: https://www.vlnmn.org/help/What it helps with: Free legal advice clinics for bankruptcy and consumer debt matters for qualifying low-income individuals.

Mid-Minnesota Legal Aid Phone: 1-800-292-4150 Website: https://mylegalaid.org What it helps with: Free civil legal assistance including bankruptcy and consumer credit matters for low-income clients.

Minnesota Attorney General — Consumer Protection Phone: 651-296-3353 | 1-800-657-3787 Website: https://www.ag.state.mn.us What it helps with: Credit and debt information, consumer complaint resolution, and credit counseling referrals.

HUD Housing Counselor Locator (including credit counseling) Website: https://answers.hud.gov/housingcounseling/s/What it helps with: HUD-approved agencies providing credit counseling, financial stability services, and housing navigation.

Consumer Financial Protection Bureau (CFPB) — Housing Counselor Tool Website: https://www.consumerfinance.gov/find-a-housing-counselor/What it helps with: HUD-approved housing counselors who provide credit counseling and rental housing navigation.

HOME Line Phone: 612-728-5767 | Toll-free: 866-866-3546 Website: https://homelinemn.org What it helps with: Free tenant legal advice; can assist with screening denials where credit/bankruptcy history is improperly used in Minneapolis or Saint Paul.

Minneapolis Public Housing Authority (MPHA) Phone: 612-342-1475 Website: https://mphaonline.org What it helps with: HCV and public housing programs; bankruptcy alone is generally not a mandatory exclusion.

Metro HRA — Metropolitan Council Phone: 651-602-1880 Website: https://metrocouncil.org/Housing/Services/Metro-HRA-Rental-Assistance.aspx What it helps with: HCV program for suburban Twin Cities.

11 U.S.C. Chapter 7 — Federal Bankruptcy Code https://uscode.house.gov/view.xhtml?path=/prelim@title11/chapter7&edition=prelim

United States Bankruptcy Court — District of Minnesota https://www.mnb.uscourts.gov/

FCRA — 15 U.S.C. § 1681c https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Minneapolis Renter Screening Ordinance https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Ordinance https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Minnesota Attorney General — Credit and Debt Handbook https://www.ag.state.mn.us/consumer/handbooks/CreditHnbk/CH6.asp

VLN — Debtor Help Resources (District of Minnesota) https://www.mnb.uscourts.gov/debtor-help-resources

This is informational only and not legal advice.

This is informational only and not legal advice.

Chapter 13 bankruptcy is a federal reorganization bankruptcy under 11 U.S.C. Chapter 13 that allows individuals with regular income to repay some or all of their debts under a court-supervised repayment plan lasting three to five years. Unlike Chapter 7, Chapter 13 does not liquidate assets — the debtor proposes a plan to repay creditors from future income, and upon successful completion, remaining eligible debts are discharged.

For housing applications, a Chapter 13 filing appears on the credit report for seven years from the filing date — three years shorter than a Chapter 7 filing. The credit score impact tends to be severe immediately after filing and gradually improves during the repayment period, particularly as plan payments are made on time. After successful completion of the plan and discharge, the credit profile continues to improve.

While in an active Chapter 13 case, a debtor’s budget is under court supervision — the plan payments are mandatory, and the debtor must live within a court-approved budget. This affects the ability to afford housing at market rents, particularly in the Twin Cities metropolitan area

where rents have risen substantially. When applying for housing, a member in an active Chapter 13 should be prepared to document income, the bankruptcy plan payment amount, and remaining disposable income available for housing costs.

Importantly, a landlord who is owed back rent by a Chapter 13 debtor is treated as a creditor in the bankruptcy proceeding, and arrearages may be included in the repayment plan or addressed through the automatic stay while the case is pending.

This is informational only and not legal advice.

Chapter 13 bankruptcy is often described as the responsible alternative to Chapter 7 because it involves the debtor committing to repay debts over time rather than discharging them immediately. For housing applications, this distinction matters: a landlord who understands the difference between Chapter 7 and Chapter 13 may view a Chapter 13 filer — someone who is making structured payments toward their obligations under court supervision — more favorably than a Chapter 7 filer who discharged everything.

In practice, however, many landlords and automated screening systems do not distinguish between the two types of bankruptcy. Both result in a negative credit notation, both reduce the credit score, and both appear as a significant negative item in the credit history section of a background report. The outcome of a rental application depends heavily on whether the landlord conducts an individualized review or relies on an automated credit score threshold.

A Chapter 13 filing immediately reduces the credit score by a significant amount, though the exact reduction depends on the individual’s starting score and prior credit history. During the three-to-five-year repayment period, the score typically begins recovering as plan payments are made on time and as the bankruptcy ages in the credit file. Upon successful completion of the plan and entry of the discharge, the credit profile improves further. The bankruptcy notation itself remains on the credit report for seven years from the filing date under the FCRA.

If a Chapter 13 case is dismissed — meaning the debtor fails to make plan payments and the case is thrown out without discharge — the bankruptcy notation still appears on the credit report for seven years, and the dischargeable debts are revived. This is an important distinction: a dismissed Chapter 13 provides none of the debt relief benefit but still carries the credit reporting consequence.

How Chapter 13 Affects a Pending Lease

If a tenant files Chapter 13 while in an existing lease, the automatic stay (11 U.S.C. § 362) prohibits the landlord from proceeding with an eviction for prepetition arrearages while the stay is in effect. The debtor may include prepetition lease arrearages in the Chapter 13 repayment plan, giving them a path to cure the debt and keep the tenancy. This is one of the most practical housing protections Chapter 13 provides — it can stop an eviction proceeding and provide a court-supervised structure for making up missed rent.

Entering a new lease while in an active Chapter 13 case requires attention. Strictly speaking, a residential lease is an executory contract under 11 U.S.C. § 365 — neither a debt nor a credit obligation — so obtaining a new lease does not require bankruptcy court approval as taking on new debt would. However, the debtor’s repayment plan budget is supervised by the Chapter 13 trustee and the court, and taking on a new housing obligation that significantly changes the debtor’s monthly expenses may require a plan modification or trustee review. Members in active Chapter 13 cases should consult their bankruptcy attorney before entering a new lease to ensure the plan budget accommodates the housing cost.

Minneapolis and Saint Paul Credit Screening Protections

As with Chapter 7, Minneapolis and Saint Paul’s local ordinances prohibit landlords from using credit score alone as a denial basis. This protection applies equally to Chapter 13 filers. If a landlord in these cities is using the inclusive screening criteria, they cannot deny based on a credit score that has been suppressed by an active bankruptcy. However, relevant credit information — including outstanding debt to a prior landlord that is being repaid in the bankruptcy plan — remains permissible for consideration.

Rebuilding Strategy

Members navigating housing applications during or after a Chapter 13 filing should emphasize the stability and responsibility aspects of the Chapter 13 path: demonstrating consistent plan payments, documenting current income and remaining disposable income, and preparing a written explanation of the financial circumstances that led to the filing. After successful plan completion, a letter from the bankruptcy trustee confirming the discharge can be a powerful supporting document in a housing application.

This is informational only and not legal advice.

Chapter 13 bankruptcy is governed by 11 U.S.C. §§ 1301 et seq. The debtor must file a repayment plan within 14 days of filing the petition (11 U.S.C. § 1321), and the plan must be

confirmed by the court after meeting requirements including the “disposable income” test (§ 1325(b)) and the “best interests of creditors” test (§ 1325(a)(4)). Repayment plans run three years for debtors below the median income and up to five years for those above.

The standing Chapter 13 trustee for Minnesota cases is responsible for reviewing plans, receiving and distributing plan payments, and objecting to plans that do not meet statutory requirements. Thomas E. Johnson serves as the Standing Chapter 13 Trustee for the District of Minnesota. Contact through https://www.mnb.uscourts.gov.

The automatic stay under 11 U.S.C. § 362 halts eviction proceedings for prepetition arrearages when a Chapter 13 petition is filed — unless the landlord has already obtained a judgment for possession before filing (§ 362(b)(22)), in which case the stay does not prevent eviction enforcement. If the stay is in effect, a landlord must file a motion to lift the stay to proceed with eviction, giving the debtor the opportunity to propose a cure through the Chapter 13 plan.

Under 11 U.S.C. § 1322(b)(7), a Chapter 13 plan may provide for the assumption of an unexpired lease, allowing the debtor to bring the lease current and continue the tenancy. This is a powerful tool for tenants facing eviction who have regular income sufficient to fund a Chapter 13 plan.

FCRA — Seven-Year Chapter 13 Reporting

Under FCRA 15 U.S.C. § 1681c(a)(1), a case filed under Title 11 (bankruptcy) other than Chapter 7 is limited to seven years of reporting, running from the date of entry of the order for relief. This shorter reporting period compared to Chapter 7 (ten years) reflects the legislative judgment that a repayment plan demonstrates greater financial responsibility than liquidation.

Minneapolis and Saint Paul — Parallel Credit Score Protections

As discussed in Barrier 8, both Minneapolis Code Chapter 244.2030 and Saint Paul Ord. 20-14, Sec. 193.04 prohibit denial based on a numerical credit score under the inclusive screening framework. Both ordinances permit use of relevant credit information such as outstanding landlord debt. The credit score prohibition applies equally to Chapter 13 cases. During an active Chapter 13, the debtor’s credit score is typically depressed but improving, and a landlord in Minneapolis or Saint Paul who denies based on credit score alone violates the local ordinance.

Interaction with Landlord Proof of Claim

If a landlord holds a pre-petition arrearage claim against a Chapter 13 debtor, the landlord must file a proof of claim in the bankruptcy case to participate in plan distributions. Failure to file a proof of claim may result in the debt being treated as discharged at plan completion even if not

formally addressed in the plan. Housing navigators and practitioners should ensure that clients understand how prior landlord debts are being treated in their active Chapter 13 plans.

Practitioner Navigation

Practitioners assisting Chapter 13 clients with housing applications should: obtain the most recent plan confirmation order to document the court-supervised repayment structure; calculate the client’s confirmed disposable income available for housing costs after plan payments and living expenses; prepare a written narrative emphasizing the structured repayment approach and current financial stability; advise the client to consult their bankruptcy attorney before executing a new lease to ensure plan budget compatibility; and in Minneapolis and Saint Paul, assert local ordinance protections if credit score-based denial is threatened.

This is informational only and not legal advice.

11 U.S.C. Chapter 13 — Adjustment of Debts of an Individual with Regular Income https://uscode.house.gov/view.xhtml?path=/prelim@title11/chapter13&edition=prelim

11 U.S.C. § 362 — Automatic Stay https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section362

11 U.S.C. § 1322 — Chapter 13 Plan — Assumption of Leases https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1322

Fair Credit Reporting Act — 15 U.S.C. § 1681c — Seven-Year Reporting for Chapter 13 https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

United States Bankruptcy Court — District of Minnesota https://www.mnb.uscourts.gov/

U.S. Trustee Program — Region 12 (Minnesota) https://www.justice.gov/ust/ust-regions-r12

Minneapolis Renter Screening Ordinance — Credit Score Provisions https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Ordinance — Credit Score Provisions https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Minnesota Attorney General — Credit Handbook https://www.ag.state.mn.us/consumer/handbooks/CreditHnbk/CH6.asp

A Chapter 13 filing appears on credit reports for seven years from the filing date and typically depresses the credit score during this window. Most private market landlords will view the notation negatively if they conduct credit checks. In Minneapolis and Saint Paul, credit score cannot be used as a standalone denial basis under inclusive screening criteria, though relevant landlord-related credit information remains permissible. Chapter 13’s repayment plan structure may be a positive narrative element when presenting to landlords who conduct individualized review. Active Chapter 13 debtors must balance plan payment obligations against housing costs, and new lease obligations should be reviewed with their bankruptcy attorney for plan budget compatibility.

United States Bankruptcy Court — District of Minnesota Website: https://www.mnb.uscourts.gov/What it helps with: Court forms, debtor resources, and self-help materials.

Volunteer Lawyers Network — Bankruptcy Advice Clinic Phone: 612-752-6677 Website: https://www.vlnmn.org/help/What it helps with: Free bankruptcy advice clinics in the Twin Cities.

Mid-Minnesota Legal Aid Phone: 1-800-292-4150 Website: https://mylegalaid.org What it helps with: Free civil legal services including consumer debt and housing matters.

Minnesota Attorney General — Consumer Protection Division Phone: 651-296-3353 | 1-800-657-3787 Website: https://www.ag.state.mn.us What it helps with: Consumer credit complaints, debt collector issues, and credit counseling referrals.

HOME Line Phone: 612-728-5767 | Toll-free: 866-866-3546 Website: https://homelinemn.org What it helps with: Free tenant legal advice on screening denials; can assist with asserting local ordinance credit score protections.

HUD Housing Counselor Locator Website: https://answers.hud.gov/housingcounseling/s/What it helps with: HUD-approved counselors providing credit counseling and housing navigation for applicants with bankruptcy history.

Minneapolis Public Housing Authority (MPHA) Phone: 612-342-1475 Website: https://mphaonline.org What it helps with: HCV and public housing; no mandatory bankruptcy exclusion.

Metro HRA — Metropolitan Council Phone: 651-602-1880 Website: https://metrocouncil.org/Housing/Services/Metro-HRA-Rental-Assistance.aspx What it helps with: HCV program for suburban Twin Cities area.

11 U.S.C. Chapter 13 https://uscode.house.gov/view.xhtml?path=/prelim@title11/chapter13&edition=prelim

United States Bankruptcy Court — District of Minnesota https://www.mnb.uscourts.gov/

FCRA — 15 U.S.C. § 1681c https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Minneapolis Renter Screening Ordinance https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Ordinance https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Minnesota Attorney General — Credit Handbook https://www.ag.state.mn.us/consumer/handbooks/CreditHnbk/CH6.asp

This is informational only and not legal advice.

This is informational only and not legal advice.

Credit scores in Minnesota, as elsewhere, are calculated using models developed by major scoring companies based on data in consumer credit reports held by Equifax, Experian, and TransUnion. Scores generally range from 300 to 850 and reflect payment history, amounts owed, length of credit history, new credit inquiries, and credit mix. A score below 580 is typically considered poor, and scores below 650 are often treated as problematic by private market landlords.

Low credit scores can result from many circumstances: medical debt, job loss, divorce, student loan default, unpaid utility bills, collection accounts, identity theft, or simply a lack of credit history. The cause of a low score often matters to individual landlords who conduct genuine individualized review.

In Minneapolis and Saint Paul, local ordinances are clear: a landlord using inclusive screening criteria cannot deny an applicant based on the credit score number itself. Only relevant credit information — specifically debt to a former landlord or utility company — is permissible for use in the screening decision. Insufficient credit history is also explicitly protected under both city ordinances: a landlord cannot deny an applicant simply because they have a thin credit file or no credit history at all.

Minnesota Housing’s HousingLink platform, Minnesota Housing Finance Agency programs, and the Beyond Backgrounds Financial Assurance program represent state-level tools specifically designed to help renters with credit and other barriers access housing.

This is informational only and not legal advice.

Credit screening has become standard in the Minnesota rental market, particularly among larger private landlords and corporate property managers. Most landlords who run credit checks use minimum credit score thresholds — often ranging from 580 to 650 — as a baseline screening filter. Applicants who fall below the threshold may be automatically denied before their full application is reviewed. This automated screening approach is efficient from the landlord’s perspective but creates significant barriers for applicants whose credit scores have been depressed by circumstances beyond their control.

The causes of low credit scores are diverse. Medical debt is one of the leading drivers of credit score problems in the United States. Medical collection accounts historically appeared on credit reports and significantly reduced scores, though recent changes by the major credit bureaus have removed paid medical collections and collections under $500 from credit reports — changes that benefit some low-credit Minnesota renters. Other contributors to low credit include: utility and telecommunications collections, credit card default, student loan delinquency, prior landlord debt sent to collections, car repossession, and periods of financial hardship caused by unemployment or family disruption.

No Credit vs. Low Credit

A distinction worth making is the difference between a low credit score and no credit history. A member with no credit history — perhaps an immigrant, a young adult, or someone who has always relied on cash transactions — will not have a scoreable credit file. This means a credit score cannot be generated, and any score request returns a “no file” or “insufficient data” result. Under both Minneapolis and Saint Paul’s local ordinances, insufficient credit history is explicitly protected: landlords may not deny an applicant simply because they lack a credit history.

For members with no credit history who are seeking to build credit, options include secured credit cards, credit-builder loans offered by community development financial institutions (CDFIs), and rent-reporting services that allow on-time rent payments to be reported to credit bureaus.

Minneapolis and Saint Paul — Specific Credit Screening Protections

Minneapolis’s renter screening ordinance is direct: credit score cannot be considered as a basis for denial under the inclusive criteria. A landlord in Minneapolis who uses the inclusive criteria may only consider credit information that is relevant to the applicant’s ability to pay rent — specifically, debts owed to former landlords or utility companies. This protects applicants from denial based on medical debt, student loans, car loans, or any other consumer debt that does not directly relate to their rental payment capacity.

Saint Paul’s S.A.F.E. Housing Ordinance (Ord. 20-14, Sec. 193.04) is identical in its credit provisions: the numeric credit score may not be used; insufficient credit history may not be used; and only relevant credit information is permissible. As with Minneapolis, the ordinance allows

applicants to provide supplemental documentation to explain their credit situation or dispute an income-to-rent ratio calculation.

Members with low credit scores seeking housing in Minnesota should: obtain free copies of all three credit reports from AnnualCreditReport.com and review them for errors or outdated items; dispute any inaccurate items under FCRA § 1681i; prepare a written explanation of the circumstances driving the low score; document current income stability with pay stubs, bank statements, employer letters, or benefit statements; gather letters of reference from employers, caseworkers, community organizations, or prior landlords; consider approaching landlords directly rather than relying solely on online applications, which may use automated score thresholds; and explore the HousingLink Beyond Backgrounds program, which provides financial assurance to landlords who agree to rent to applicants with screening barriers.

HUD-Approved Credit Counseling

HUD-approved housing counseling agencies in Minnesota provide free or low-cost credit counseling and housing navigation services. These counselors can help members create a budget, develop a credit repair plan, understand their credit report, and identify housing options that are accessible given their current credit profile. Minnesota Housing’s website (mnhousing.gov) and the HUD counselor locator at answers.hud.gov both provide access to approved counselors.

The Beyond Backgrounds Financial Assurance Program

The Beyond Backgrounds program, administered by HousingLink, provides landlords with up to $2,000 of financial assurance above the security deposit to encourage them to rent to applicants with screening barriers, including low credit scores. The program requires the applicant to have an ongoing income source or rental assistance (such as a Housing Choice Voucher). This financial backstop directly addresses the landlord’s perceived financial risk from a low-credit applicant.

This is informational only and not legal advice.

Under the FCRA (15 U.S.C. § 1681 et seq.), consumers have the right to a free copy of their credit report once every twelve months from each of the three major credit bureaus through AnnualCreditReport.com (15 U.S.C. § 1681j). Consumers also have the right to dispute inaccurate or incomplete information under § 1681i, and the consumer reporting agency must investigate the dispute within 30 days and correct or delete inaccurate information.

When a landlord takes adverse action based in whole or in part on information in a consumer report, the landlord must comply with FCRA adverse action provisions under 15 U.S.C. § 1681m, including providing notice of adverse action, the name of the consumer reporting agency, a statement of the consumer’s right to a free copy of the report, and the right to dispute inaccuracies.

Recent Changes to Medical Debt Reporting

In 2022 and 2023, the three major credit bureaus (Equifax, Experian, and TransUnion) announced changes to how medical debt is reported on consumer credit files. As of 2023, medical collection accounts under $500 were removed from credit reports, and paid medical collections of any amount were removed. In 2024, the CFPB proposed a rule to remove medical debt from credit reports entirely, and in 2025, that rule or successor guidance was being implemented. Minnesota consumers with medical debt driving their low credit scores may benefit from reviewing current credit reports to confirm that applicable medical collections have been removed.

Minneapolis Code Chapter 244.2030 — Credit Score Prohibition

The Minneapolis renter screening ordinance is unambiguous: a landlord using inclusive screening criteria “cannot consider” credit score. The ordinance defines credit score as “a number between 300-850 that depicts a consumer’s creditworthiness.” The prohibition is on use of the numeric score, not on all credit information. A landlord using the individual assessment option (rather than inclusive criteria) must still conduct a genuine individualized assessment that considers any information the applicant provides in explanation. Failure to comply with the ordinance creates exposure to city enforcement and private civil claims.

Saint Paul Ord. 20-14, Sec. 193.04 — Parallel Credit Provisions

Saint Paul’s provisions mirror Minneapolis: no use of numeric credit score; no denial based on insufficient credit history; relevant credit information (prior landlord or utility debt) permissible. The income-to-rent ratio exception in Saint Paul is also notable: if a landlord requires an applicant to earn 2.5 times the rent (or higher), the applicant may provide supplemental documentation demonstrating a history of successful rent payment at the same or lower income-to-rent ratio. This exception specifically helps low-income applicants who may not meet a strict income threshold on paper but have proven capacity to pay housing costs.

Minnesota Human Rights Act — Protected Classes and Credit

The Minnesota Human Rights Act (Minn. Stat. Chapter 363A) prohibits housing discrimination based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, and familial status, among other protected characteristics. Where a landlord’s credit screening policy has a disparate impact on a protected

class — for example, if a credit score threshold disproportionately screens out applicants of a particular racial or ethnic group — a complaint under the MHRA may be available. This is an area where the Minnesota Department of Human Rights has investigative and enforcement authority.

CDFIs operating in Minnesota provide credit-building financial products to individuals who lack access to mainstream credit. Products include credit-builder loans, matched savings accounts, and secured credit cards. The Metropolitan Consortium of Community Developers (MCCD) and Neighborhood Development Center (NDC) operate in the Twin Cities and can connect individuals with credit-building resources that over time improve access to the private rental market.

Practitioner Notes

For housing navigators and legal practitioners, the low-credit barrier in Minnesota requires a multi-pronged approach: dispute inaccurate credit items; leverage Minneapolis and Saint Paul local ordinance protections where applicable; prepare a compelling written narrative with supporting financial documentation; connect the client with HUD-approved credit counseling; explore the Beyond Backgrounds program with specific landlords who might otherwise deny; and target nonprofit affordable housing providers who use individualized assessment and who are less likely to use automated credit score thresholds.

This is informational only and not legal advice.

Fair Credit Reporting Act — 15 U.S.C. § 1681 et seq. https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Minneapolis Renter Screening Ordinance — Credit Score Prohibitions https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Ordinance — Sec. 193.04 — Credit Provisions https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Minnesota Human Rights Act — Minn. Stat. Chapter 363A https://www.revisor.mn.gov/statutes/cite/363A

Minnesota Statutes § 504B.241 — Residential Tenant Screening Reports https://www.revisor.mn.gov/statutes/cite/504B.241

Credit scores are widely used by private market landlords in Minnesota. A low score — particularly one below 580 to 620 — commonly results in automatic denial at many properties. In Minneapolis and Saint Paul, local ordinances prohibit use of credit score itself and protect applicants with insufficient credit history. Outside these cities, landlords have full discretion to apply credit score thresholds. Relevant credit information including prior landlord and utility debt is permissible under all applicable frameworks. Dispute rights under the FCRA allow applicants to challenge inaccurate credit data. The Beyond Backgrounds program and HUD-approved credit counseling are key tools for overcoming this barrier.

Minnesota Attorney General — Consumer Protection Division Phone: 651-296-3353 | 1-800-657-3787 Website: https://www.ag.state.mn.us What it helps with: Consumer credit complaints, debt collector issues, and credit counseling referrals.

Consumer Financial Protection Bureau (CFPB) National Website: https://www.consumerfinance.gov What it helps with: Credit report disputes, consumer financial protection resources, and HUD counselor locator.

HOME Line Phone: 612-728-5767 | Toll-free: 866-866-3546 Website: https://homelinemn.org What it helps with: Free tenant advice including challenging improper credit screening denials in Minneapolis and Saint Paul.

Volunteer Lawyers Network (VLN) Phone: 612-752-6677 Website: https://www.vlnmn.org What it helps with: Free civil legal assistance for qualifying individuals including consumer credit disputes.

Minnesota Department of Human Rights Phone: 651-539-1100 | 1-800-657-3704 Website: https://mn.gov/mdhr What it helps with: Housing discrimination complaints where credit screening may have a disparate impact on protected classes.

Housing Justice Center Phone: 612-807-1139 Website: https://hjcmn.org What it helps with: Legal advocacy against improper screening practices and tenant rights enforcement.

HUD Housing Counselor Locator Website: https://answers.hud.gov/housingcounseling/s/What it helps with: HUD-approved housing counselors in Minnesota providing credit counseling and rental housing navigation.

Build Wealth Minnesota Twin Cities area Website: https://hud4.my.site.com/housingcounseling/s/mapresults (search Minnesota) What it helps with: HUD-approved housing counseling services including credit and financial literacy.

HousingLink Website: https://www.housinglink.org What it helps with: Affordable housing search tool and Beyond Backgrounds Financial Assurance program for applicants with credit barriers.

Minneapolis Public Housing Authority (MPHA) Phone: 612-342-1475 Website: https://mphaonline.org What it helps with: HCV and public housing programs; PHAs generally do not use credit score minimums the same way private landlords do.

Metro HRA — Metropolitan Council Phone: 651-602-1880 Website: https://metrocouncil.org/Housing/Services/Metro-HRA-Rental-Assistance.aspx What it helps with: HCV program for suburban Twin Cities.

Minnesota Housing — Find Housing Help Website: https://www.mnhousing.gov/home/housing-help What it helps with: Statewide connection to housing programs and rental assistance resources.

Fair Credit Reporting Act https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Minneapolis Renter Screening Ordinance https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Ordinance https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

LawHelp Minnesota — Tenant Screening https://www.lawhelpmn.org/self-help-library/fact-sheet/tenant-screening

HousingLink — Beyond Backgrounds https://www.housinglink.org/beyond-backgrounds-financial-assurance

Minnesota Attorney General — Consumer Credit Resources https://www.ag.state.mn.us/consumer/handbooks/CreditHnbk/CH6.asp

This is informational only and not legal advice.

This is informational only and not legal advice.

Low income is one of the most fundamental barriers to housing access in Minnesota. The private rental market requires income documentation and typically applies an income-to-rent ratio test — often requiring the applicant to earn two to three times the monthly rent. With median rents in the Twin Cities metropolitan area reaching levels that exceed affordability for many households, low-income renters find that the qualifying bar is unreachable through earned income alone without rental assistance.

Minnesota’s affordable housing landscape is shaped by federal programs administered through HUD, state programs administered through Minnesota Housing Finance Agency (MHFA), and locally administered programs through county and city housing authorities. The Housing Choice

Voucher (Section 8) program is the most significant rental assistance resource for low-income households, but waiting lists can be years long in the Twin Cities area.

Income eligibility for most programs is expressed as a percentage of Area Median Income (AMI), which is calculated by HUD for each metropolitan area and county. For the Twin Cities metro, the 2026 area median income (updated annually by the Metropolitan Council and HUD) determines eligibility thresholds for most programs. Most rental assistance programs serve households at or below 50% to 80% of AMI, with the deepest subsidies targeting households at or below 30% of AMI.

In Minneapolis and Saint Paul, local ordinances provide some protection from rigid income-to-rent ratio denials by allowing applicants to demonstrate their historical capacity to pay rent even if their current income falls below the landlord’s stated threshold.

This is informational only and not legal advice.

Minnesota, particularly the Twin Cities metropolitan area, faces a well-documented affordable housing shortage. The Metropolitan Council regularly documents the gap between housing costs and incomes, particularly for households at the lowest income levels. For renters at or below 30% of AMI — the lowest-income tier — the private rental market offers almost nothing without a subsidy, because there are simply not enough affordable units priced at levels that are accessible to these households without assistance.

The affordability problem cascades across income levels. Households at 50% AMI can often access some market-rate units in less expensive areas of the state but struggle in the metro. Households between 50% and 80% AMI may qualify for some subsidized programs but face limited inventory and waitlists.

HUD publishes updated AMI figures annually for each county and metropolitan area in Minnesota. For the Minneapolis-Saint Paul-Bloomington metropolitan area, the 2026 area median income is updated by the Metropolitan Council and reflects current conditions. Most rental assistance programs use AMI percentages as eligibility thresholds. The Housing Choice Voucher program generally targets households at or below 50% AMI, with income verification required at application and annually thereafter.

Income limits vary by county and household size, which means income eligibility thresholds in Greater Minnesota counties differ from Twin Cities metro thresholds. Members should review current income limits at mnhousing.gov or contact their local PHA for area-specific figures.

Public Rental Assistance Programs in Minnesota

The Housing Choice Voucher (Section 8) program is the primary rental assistance mechanism for low-income Minnesotans in the private rental market. It is administered by multiple PHAs across the state, including MPHA in Minneapolis, the Saint Paul Public Housing Agency, Metro HRA for the suburban Twin Cities, and various local PHAs in Greater Minnesota. The voucher subsidizes the gap between the tenant’s contribution (typically 30% of adjusted monthly income) and the payment standard, which is set by each PHA based on local fair market rents.

Minnesota Housing administers the Bridges Rental Assistance program, which provides rental assistance specifically for people with serious and persistent mental illness who are not receiving services from another rental assistance program. Bridges targets households at or below 50% AMI.

The Emergency Assistance program, Family Homelessness Prevention and Assistance Program (FHPAP), and Crisis Housing Assistance Program (CHAP) are state-funded emergency resources for households at risk of eviction or homelessness. These are administered through county social services offices and tribal human services.

RentHelpMN (renthelpmn.org) is a state-administered portal for emergency rental assistance that was established during COVID-19 and continues to assist households with rental arrearages in some form.

Local Income Screening Protections — Minneapolis and Saint Paul

Under Saint Paul Ordinance 20-14, Sec. 193.04, if a landlord sets an income-to-rent ratio requirement at 2.5 times the monthly rent or higher, the applicant may provide supplemental documentation demonstrating a history of successful rent payment at the same or lower income-to-rent ratio. This exception prevents landlords from using rigid income ratios to exclude applicants who have demonstrated actual capacity to pay housing costs despite lower income. The applicant may provide pay stubs, rent receipts, a rent payment ledger, prior lease agreements, or prior landlord verification as documentation.

Minneapolis’s ordinance similarly protects applicants from income-to-rent ratio tests that are applied inflexibly: if a landlord requires income equal to three times the rent or more, the applicant must be allowed to show that they have been able to pay rent in the past with an income less than three times the rent.

Section 8 Voucher Holder Protections

In Minnesota, some jurisdictions have source-of-income protection laws that prohibit landlords from discriminating against applicants based on their use of a Housing Choice Voucher or other rental assistance. Minneapolis Chapter 141.40 prohibits housing discrimination based on “status

with regard to public assistance,” which courts and enforcement bodies have interpreted to cover Section 8 vouchers. Saint Paul’s anti-discrimination ordinance provides similar protections. Statewide, the Minnesota Human Rights Act (Minn. Stat. § 363A.09) prohibits discrimination in housing based on status with regard to public assistance, which includes federal rental assistance programs.

This means that in Minnesota — unlike many other states — landlords generally may not refuse to rent to a Section 8 voucher holder solely because of the voucher. While landlords can still apply income-related and other neutral screening criteria, refusing a voucher holder based on participation in the Section 8 program is prohibited under Minnesota law.

This is informational only and not legal advice.

Minn. Stat. § 363A.09 prohibits housing discrimination based on status with regard to public assistance, including receipt of housing assistance vouchers. This provision is enforced by the Minnesota Department of Human Rights (MDHR) and creates a cause of action for tenants who are refused housing solely because they hold a Section 8 or other housing voucher. Violations may result in civil penalties, compensatory damages, and injunctive relief.

Minneapolis Code § 141.40(3)(c) and Saint Paul’s human rights ordinance both reinforce the statewide protection and add local enforcement mechanisms. Source-of-income discrimination is one of the more commonly filed housing discrimination complaints in Minnesota.

Minnesota Housing Finance Agency (MHFA) Programs

Minnesota Housing (the MHFA) is the state housing finance agency responsible for administering the state’s portfolio of affordable housing programs. Key programs include: the Bridges Rental Assistance program (50% AMI); the Housing Trust Fund (HTF) rental assistance; the Family Homeless Prevention and Assistance Program (FHPAP); and the Challenge Grant program that supports affordable housing development. MHFA also maintains the Rent and Income Limits resource page, which publishes current income limits for all MHFA-administered programs, available at mnhousing.gov.

HUD Income Limits — Annual Publication

HUD publishes updated income limits annually for all counties and metropolitan areas. The 2024 income limits for Minnesota counties are available at https://www.huduser.gov/portal/datasets/il.html. Section 8 income limits use the 50th percentile income standard, and eligibility is determined at the PHA level using the current year’s

published limits. The Metropolitan Council publishes ownership and rent affordability limits reflecting current AMI figures for the Twin Cities region at metrocouncil.org.

Emergency rental assistance in Minnesota is administered through county social services under Minn. Stat. Chapter 256D and Chapter 256J (Minnesota Family Investment Program/MFIP). Each county has a county human services office that handles emergency assistance applications. Tribal human services programs serve enrolled members of Minnesota’s eleven tribal nations and may have additional housing resources. Applications are typically submitted directly to the county social services office or at MNBenefits.mn.gov.

Minneapolis Public Housing Authority — Admissions

MPHA administers both the HCV program and its own public housing inventory in Minneapolis. MPHA had approximately 5,100 public housing units and a substantial HCV portfolio. MPHA increased its HCV payment standards in 2025 to reflect rising market rents, allowing voucher holders to access more of the private rental market. Contact MPHA at 612-342-1475 or MPHAApplications@mplspha.org.

Saint Paul Public Housing Agency (SPPHA)

SPPHA administers the HCV program in Saint Paul, including the Section 8 waiting list. The waiting list was opened in November 2024 for a lottery. Applicants who were selected in that lottery should have been notified by early 2025. Future waiting list openings are announced at stpha.org.

Metro HRA — Largest HCV Administrator in Minnesota

The Metropolitan Council’s Housing and Redevelopment Authority (Metro HRA) is the largest single administrator of the Housing Choice Voucher program in Minnesota, serving the suburban Twin Cities metropolitan area. Applications/wait list inquiries: 651-602-1880. General information: 651-602-1428. Website: metrocouncil.org/Housing/Services/Metro-HRA-Rental-Assistance.aspx.

HousingLink — Statewide Rental Database

HousingLink at housinglink.org is the primary statewide database of affordable rental housing in Minnesota. The platform allows searches by income range, unit size, location, and accessibility features. Many of the listed properties are operated by nonprofit affordable housing organizations that use individualized screening processes rather than automated credit and income thresholds.

Practitioner Navigation

Practitioners serving low-income clients should: determine current income, income sources, and household composition to assess program eligibility at current AMI levels; apply for HCV waiting lists with all relevant PHAs, noting that waiting periods can be one to several years in the metro area; pursue emergency assistance through county human services if immediate housing stability is threatened; explore state-specific programs like Bridges for clients with disabilities; assert source-of-income protection rights under the MHRA if a landlord refuses a voucher; and use HousingLink and Minnesota Housing resources to identify available affordable units.

This is informational only and not legal advice.

Minnesota Human Rights Act — Minn. Stat. § 363A.09 — Source of Income Protection https://www.revisor.mn.gov/statutes/cite/363A.09

Minnesota Statutes Chapter 256D and Chapter 256J — Emergency Assistance Programs https://www.revisor.mn.gov/statutes/cite/256D

Minneapolis Anti-Discrimination Ordinance — Chapter 141.40(3)(c) https://library.municode.com/mn/minneapolis

Saint Paul Human Rights Ordinance https://www.stpaul.gov/departments/human-rights-equal-economic-opportunity

Saint Paul S.A.F.E. Housing Ordinance — Income Provisions (Sec. 193.04) https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Minneapolis Renter Screening Ordinance — Income Provisions https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

HUD Income Limits — Annual Publication https://www.huduser.gov/portal/datasets/il.html

Minnesota Housing — Rent and Income Limits https://www.mnhousing.gov/home/rental-housing/post-selection/rent-income-limits

Metropolitan Council — 2026 Area Median Income and Affordability Limits https://metrocouncil.org/Housing/Planning/Affordable-Housing-Measures/Ownership-and-Rent-A ffordability-Limits.aspx

Low income is addressed in rental screening through income-to-rent ratio tests, which most private market landlords apply as a condition of approval. In Minneapolis and Saint Paul, applicants who fall below the landlord’s stated income threshold have the right to provide supplemental documentation of their historical capacity to pay rent. The Minnesota Human Rights Act prohibits refusal to rent based on status with regard to public assistance, making source-of-income discrimination — including refusal to accept Section 8 vouchers — illegal statewide. Income eligibility for assistance programs is tied to HUD-published AMI figures updated annually.

HOME Line Phone: 612-728-5767 | Toll-free: 866-866-3546 Website: https://homelinemn.org What it helps with: Free tenant legal advice including source-of-income discrimination complaints and income screening challenges.

Mid-Minnesota Legal Aid Phone: 1-800-292-4150 Website: https://mylegalaid.org What it helps with: Free civil legal services for low-income clients including housing rights and public benefits.

Southern Minnesota Regional Legal Services (SMRLS) Website: https://www.smrls.org What it helps with: Free legal services in housing and public benefits for low-income individuals in southern Minnesota.

Minnesota Department of Human Rights Phone: 651-539-1100 | 1-800-657-3704 Website: https://mn.gov/mdhr What it helps with: Source-of-income discrimination complaints and housing discrimination enforcement under the MHRA.

Housing Justice Center Phone: 612-807-1139 Website: https://hjcmn.org What it helps with: Legal advocacy for tenants facing income-based screening barriers and source-of-income discrimination.

Minneapolis Public Housing Authority (MPHA) Phone: 612-342-1475 | Email: MPHAApplications@mplspha.org Website: https://mphaonline.org What it helps with: Housing Choice Voucher program and public housing in Minneapolis.

Metro HRA — Metropolitan Council Phone: 651-602-1880 (waitlist/applications) | 651-602-1428 (general) Website:

https://metrocouncil.org/Housing/Services/Metro-HRA-Rental-Assistance.aspx What it helps with: HCV program for the suburban Twin Cities area.

Saint Paul Public Housing Agency (SPPHA) Website: https://www.stpha.org What it helps with: Section 8 HCV program and public housing in Saint Paul.

HUD Housing Counselor Locator Website: https://answers.hud.gov/housingcounseling/s/What it helps with: HUD-approved counselors providing rental assistance navigation and financial counseling.

Minnesota Housing — Find Housing Help Website: https://www.mnhousing.gov/home/housing-help What it helps with: Statewide portal for rental assistance programs, affordable housing search, and housing navigation.

HousingLink Website: https://www.housinglink.org What it helps with: Statewide affordable housing search database; Beyond Backgrounds program for applicants with financial barriers.

HB101 Minnesota — Housing Benefits 101 Website: https://mn.hb101.org/i/datapage/ways_to_pay.htm What it helps with: Comprehensive guide to housing assistance programs available in Minnesota, organized by program type.

RentHelpMN Website: https://www.renthelpmn.org What it helps with: Emergency rental assistance for Minnesota renters with rental arrearages.

Hennepin County Emergency Rental Assistance Website: https://www.hennepincounty.gov/housing/hennepin-county-housing-stories/hennepin-county-emergency-rental-assistance What it helps with: Emergency rent assistance funding for Hennepin County residents.

Minnesota Department of Human Services — Housing Help Phone: 1-888-995-HOPE (4673) Website: https://mn.gov/dhs/housing/What it helps with: Connection to county emergency assistance programs and housing resources statewide.

Minnesota Human Rights Act — § 363A.09 https://www.revisor.mn.gov/statutes/cite/363A.09

Minneapolis Renter Screening Ordinance https://www2.minneapolismn.gov/business-services/licenses-permits-inspections/rental-licenses /renter-protections/renter-screening/

Saint Paul S.A.F.E. Housing Ordinance https://www.stpaul.gov/sites/default/files/2021-02/Tenant Screening Guidelines Policy Bulletin.pdf

Minnesota Housing — Rent and Income Limits https://www.mnhousing.gov/home/rental-housing/post-selection/rent-income-limits

HUD Income Limits 2024 https://www.huduser.gov/portal/datasets/il.html

Metropolitan Council — Area Median Income https://metrocouncil.org/Housing/Planning/Affordable-Housing-Measures/Ownership-and-Rent-A ffordability-Limits.aspx

HB101 Minnesota — Ways to Pay for Housing https://mn.hb101.org/i/datapage/ways_to_pay.htm

RentHelpMN https://www.renthelpmn.org

Minnesota DHS — Housing Help https://mn.gov/dhs/housing/

This is informational only and not legal advice.

This is informational only and not legal advice.

The Housing Choice Voucher (HCV) program, commonly called Section 8, is the federal government’s largest rental assistance program for low-income households. In Minnesota, it is administered by dozens of local PHAs and by the Metropolitan Council’s Metro HRA, which is the largest single HCV administrator in the state. The program allows low-income households to rent in the private market, with the PHA paying the landlord the difference between the tenant’s contribution (30% of adjusted gross income) and the voucher payment standard, which is based on HUD’s Fair Market Rents for the area.

Eligibility is based on income (generally at or below 50% of AMI), citizenship or eligible immigration status, and background screening criteria that vary by PHA. Background checks for the HCV program cover criminal history, prior PHA history, prior assisted housing history, and sex offender registry status. Applicants with certain disqualifying records — particularly drug manufacturing convictions and lifetime sex offender registration — face mandatory exclusion from federally assisted housing programs.

Waiting list availability is the most significant operational barrier to accessing Section 8 in Minnesota. The Twin Cities metro PHAs have extremely long waiting lists, and waiting list openings are announced as lotteries that may only occur every few years. Members should register with all available waiting lists in their region and check waiting list status regularly.

Once a voucher is issued, the voucher holder has a limited time — typically 60 to 120 days, depending on the PHA — to find a unit that meets HCV standards and sign a lease. Minnesota law’s source-of-income protection prohibits landlords from refusing vouchers based on the voucher itself.

This is informational only and not legal advice.

The Housing Choice Voucher program is a demand-side rental subsidy: rather than providing affordable housing units directly (as public housing does), it gives eligible households a voucher that they take into the private rental market. The landlord receives a housing assistance payment (HAP) from the PHA for the difference between the tenant’s rent contribution and the payment standard.

The tenant’s share of the rent is calculated as 30% of their adjusted monthly gross income. The payment standard — the maximum the PHA will pay — is set by each PHA at a level designed to allow voucher holders to access at least 40% of available private market units in their area. MPHA raised its payment standards in 2025 to reflect increased Twin Cities market rents, improving the range of units accessible to voucher holders.

Who Administers the Program in Minnesota

Multiple PHAs across Minnesota administer the HCV program. Key administrators in the Twin Cities metro area include:

Minneapolis Public Housing Authority (MPHA), which serves Minneapolis and has a significant HCV portfolio. Metro HRA — Metropolitan Council, which is the largest HCV administrator in Minnesota, serving the suburban Twin Cities counties. Saint Paul Public Housing Agency (SPPHA), which administers Section 8 for Saint Paul. Individual city and county PHAs in Greater Minnesota also administer local HCV programs.

Waiting Lists — The Operational Reality

The most significant challenge with the HCV program in Minnesota is the severe imbalance between the number of vouchers available and the demand. Waiting lists for Minneapolis, Saint Paul, and Metro HRA are typically years long. Waiting list openings occur infrequently and are announced publicly; when a list opens, it often closes within days after receiving applications through a lottery system. Members should register for every available waiting list in their region and should also check for any PHA-specific admission preferences (homeless preference, reentry preference, veteran preference) that might improve their position on the waitlist.

Source of Income Protection — A Critical Minnesota Advantage

One of Minnesota’s most important housing protections for HCV holders is the statewide prohibition on source-of-income discrimination. Under the Minnesota Human Rights Act (Minn. Stat. § 363A.09), discrimination in housing based on “status with regard to public assistance” — which includes federal housing assistance programs like Section 8 — is prohibited. This means a landlord in Minnesota may not refuse to rent to a qualified applicant solely because they hold a Housing Choice Voucher.

This protection is far from universal nationally: many states permit landlords to refuse vouchers. In Minnesota, a landlord who refuses a voucher holder solely because of the voucher is in violation of state law and may be subject to a complaint before the Minnesota Department of Human Rights. Minneapolis and Saint Paul both reinforce this protection at the local level.

PHAs conduct their own background screening as part of HCV admissions, separate from any screening the private market landlord conducts. At the PHA level, HUD requires mandatory exclusion of applicants who have been evicted from federally assisted housing for drug-related criminal activity within three years, those who are subject to a lifetime sex offender registration requirement, and those found to have committed drug manufacture or distribution in connection with federally assisted housing.

Beyond mandatory exclusions, PHAs have discretion to screen for other criminal history. HUD’s April 2024 guidance encourages PHAs to use individualized assessment rather than blanket bans and to limit lookback periods. PHAs must provide applicants with a copy of any adverse criminal history record used in the denial and an opportunity to dispute inaccuracies. An applicant denied from the HCV program for criminal history has the right to an informal hearing.

Voucher Portability

HCV program portability allows voucher holders to use their voucher outside the jurisdiction of the issuing PHA, in any area of the country where a PHA administers the program. This means a member who receives a voucher from Metro HRA may be able to port the voucher to a different city, county, or state if better housing is available elsewhere. Portability requests are processed through the issuing PHA and the receiving PHA.

Members applying for or holding a Section 8 voucher in Minnesota should: apply to every open waiting list in their region; verify income eligibility documentation including tax returns, pay stubs, and benefit statements; understand the specific background check criteria of the administering PHA; request an informal hearing if denied based on criminal history; and if a landlord refuses to accept the voucher, contact the Minnesota Department of Human Rights or a legal aid organization about a source-of-income discrimination complaint.

This is informational only and not legal advice.

The Housing Choice Voucher program is authorized under Section 8 of the United States Housing Act of 1937, as amended, 42 U.S.C. § 1437f. Federal regulations governing the HCV program are at 24 C.F.R. Part 982. PHA administration of the program must comply with HUD regulations, the PHA’s Administrative Plan, and HUD policy guidance including PIH notices.

Under 42 U.S.C. § 1437d(l)(6) and 24 C.F.R. § 982.553, PHAs must prohibit admission of applicants who have been evicted from federally assisted housing for drug-related criminal activity within three years, who are required to register for life as sex offenders under any state program, or who have been charged with or convicted of certain drug manufacturing activities in assisted housing. These are mandatory exclusions.

HUD 2024 Guidance — Reducing Barriers to Assisted Housing

HUD’s April 2024 guidance (Federal Register, April 10, 2024) directed PHAs to review their admissions policies to reduce unnecessary barriers to assisted housing, including through the

use of individualized assessment for criminal history determinations, limiting lookback periods to no longer than necessary for the PHA’s public safety purpose, and providing applicants with notice and opportunity to dispute adverse criminal history records. PHAs were directed to update their Administrative Plans accordingly.

Minnesota Source-of-Income Protection — MHRA § 363A.09

The Minnesota Human Rights Act (MHRA) prohibits discrimination in real estate transactions based on, among other things, “status with regard to public assistance.” Minn. Stat. § 363A.09. This provision is broadly interpreted by the Minnesota Department of Human Rights to cover refusal to accept Section 8 vouchers. Enforcement mechanisms include: filing a complaint with the MDHR (who may investigate and bring a charge); filing a civil action in district court; and in some cases, seeking injunctive relief. The MHRA allows recovery of compensatory damages, civil penalties, and attorney fees.

PHA Administrative Plans and Informal Hearings

Each PHA that administers the HCV program must maintain an Administrative Plan that governs admissions and continued participation policies. The Administrative Plan sets out the PHA’s specific criteria for criminal history screening, income verification, and other admissions standards. Administrative Plans are public documents available from the PHA upon request.

When a PHA denies admission to the HCV program based on criminal history, the applicant has a right to an informal hearing under 24 C.F.R. § 982.554. At the informal hearing, the applicant may present evidence and argue against the denial. An impartial hearing officer presides. If the denial is upheld, the applicant may seek judicial review. Legal aid organizations in Minnesota assist with informal hearings and appeals.

Payment Standards and Fair Market Rents

HUD publishes Fair Market Rents (FMRs) annually for each metropolitan area and non-metro county. FMRs represent the 40th percentile of gross rents for standard quality units in the area. PHAs may set payment standards between 90% and 110% of the published FMR and may request HUD approval for higher payment standards in tight markets. MPHA’s 2025 payment standard increase was made to reflect the rising Twin Cities rental market. Current FMRs and payment standards for Minnesota PHAs are available at HUD’s HUD User portal.

Section 8 and Criminal History in Minneapolis and Saint Paul

In addition to the PHA-level screening for the voucher itself, when a HCV holder applies to a private landlord in Minneapolis or Saint Paul, the local renter screening ordinances apply. The ordinances’ criminal history lookback limits and other protections govern how the landlord may screen the HCV holder, independent of the PHA’s admissions screening. This means a voucher

holder in Minneapolis has both PHA-level protection (from the informal hearing process) and landlord-level protection (from the local ordinance) with respect to criminal history screening.

Practitioner Navigation

Practitioners assisting HCV clients should: verify the client is on every available waiting list and understand waitlist status; review the applicable PHA’s Administrative Plan for criminal history screening criteria; if the client has disqualifying criminal history under the mandatory exclusion categories, assess whether expungement or any other remedy is available; if the PHA denies admission, pursue the informal hearing right aggressively; if a private landlord refuses the voucher, pursue a source-of-income discrimination complaint with MDHR; and counsel clients on the time limits for voucher use (typically 60-120 days to find a unit) and the portability option if the local market is inaccessible.

This is informational only and not legal advice.

42 U.S.C. § 1437f — Section 8 Housing Assistance https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f

24 C.F.R. Part 982 — HCV Program Regulations https://www.ecfr.gov/current/title-24/part-982

42 U.S.C. § 13663 and 24 C.F.R. § 982.553 — Sex Offender Mandatory Exclusion https://www.ecfr.gov/current/title-24/part-982/section-982.553

HUD — Reducing Barriers to HUD-Assisted Housing (April 2024 Guidance) https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

Minnesota Human Rights Act — Minn. Stat. § 363A.09 — Source of Income Protection https://www.revisor.mn.gov/statutes/cite/363A.09

Minneapolis Anti-Discrimination Ordinance — Source of Income https://library.municode.com/mn/minneapolis

Saint Paul Human Rights Ordinance https://www.stpaul.gov/departments/human-rights-equal-economic-opportunity

HUD Fair Market Rents — Minnesota https://www.huduser.gov/portal/datasets/fmr.html

Minnesota Housing — Section 8 Income Limits (2024) https://www.mnhousing.gov/home/rental-housing/post-selection/rent-income-limits

HCV applicants face two distinct screening environments: PHA-level screening for program admission, and landlord-level screening when searching for a unit. The PHA applies mandatory federal exclusions and PHA-specific discretionary criteria. HUD’s 2024 guidance encourages PHAs to use individualized assessment for criminal history. Minnesota’s source-of-income protection prohibits private landlords from refusing vouchers based on voucher status. Local ordinance lookback limits in Minneapolis and Saint Paul apply to criminal history screening by private landlords of HCV holders. Informal hearing rights protect applicants denied at the PHA level.

Minneapolis Public Housing Authority (MPHA) Phone: 612-342-1475 | Email: MPHAApplications@mplspha.org Website: https://mphaonline.org What it helps with: HCV program and public housing in Minneapolis; payment standard information; waiting list status.

Metro HRA — Metropolitan Council (largest HCV administrator in Minnesota) Phone: 651-602-1880 (waitlist/applications) | 651-602-1428 (general) Website: https://metrocouncil.org/Housing/Services/Metro-HRA-Rental-Assistance.aspx What it helps with: HCV program for suburban Twin Cities area; waiting list information.

Saint Paul Public Housing Agency (SPPHA) Website: https://www.stpha.org What it helps with: Section 8 HCV program and public housing in Saint Paul; waiting list information.

HOME Line Phone: 612-728-5767 | Toll-free: 866-866-3546 Website: https://homelinemn.org What it helps with: Free tenant advice including HCV rights, source-of-income discrimination, and informal hearing assistance.

Mid-Minnesota Legal Aid Phone: 1-800-292-4150 Website: https://mylegalaid.org What it helps with: Free civil legal assistance including HCV program issues and housing rights.

Volunteer Lawyers Network (VLN) Phone: 612-752-6677 Website: https://www.vlnmn.org What it helps with: Free civil legal help for qualifying individuals including housing and public benefits matters.

Minnesota Department of Human Rights Phone: 651-539-1100 | 1-800-657-3704 Website: https://mn.gov/mdhr What it helps with: Source-of-income discrimination complaints; housing discrimination enforcement.

Housing Justice Center Phone: 612-807-1139 Website: https://hjcmn.org What it helps with: Strategic litigation and legal advocacy on HCV-related housing barriers and source-of-income discrimination.

HUD Housing Counselor Locator Website: https://answers.hud.gov/housingcounseling/s/What it helps with: HUD-approved counselors who assist with HCV program navigation, landlord outreach, and housing search.

HousingLink — Housing Choice Vouchers Resource Website: https://www.housinglink.org What it helps with: HCV information, participating landlord search, and connection to housing resources.

HB101 Minnesota — Section 8 and Rental Assistance Guide Website: https://mn.hb101.org/a/12/What it helps with: Plain-language overview of the HCV program, eligibility, and how to apply in Minnesota.

42 U.S.C. § 1437f — Housing Act Section 8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f

24 C.F.R. Part 982 — HCV Regulations https://www.ecfr.gov/current/title-24/part-982

HUD Guidance — Reducing Barriers to Assisted Housing (2024) https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

Minnesota Human Rights Act § 363A.09 https://www.revisor.mn.gov/statutes/cite/363A.09

MPHA — Payment Standards Increase 2025 https://mphaonline.org/news/mpha-increases-payment-standards-for-housing-choice-voucher-pr ogram-in-2025/

Metro HRA Contact Information https://metrocouncil.org/Housing/Contact-Us.aspx

HousingLink — HCV Information https://www.housinglink.org

HB101 Minnesota — Section 8 https://mn.hb101.org/a/12/

This is informational only and not legal advice.

This is informational only and not legal advice.

The HUD-VASH (HUD Veterans Affairs Supportive Housing) program is the federal government’s primary permanent housing tool for homeless veterans. It pairs a Section 8 Housing Choice Voucher with ongoing VA case management services, providing both the financial subsidy to access the private rental market and the supportive services needed to maintain housing stability. HUD-VASH vouchers are awarded to PHAs annually through a competitive process; in Minnesota, awards have gone to MPHA, Metro HRA, and other PHAs.

In the Twin Cities, HUD-VASH participation begins with a referral from the VA Healthcare System. Veterans who are literally homeless or at risk of homelessness should contact the Minneapolis VA Medical Center’s Community Resource and Referral Center (CRRC) at 612-313-3240 to be assessed and referred into appropriate programs. Outside the Twin Cities, VA facilities in Duluth, Saint Cloud, and other locations also have SSVF and HUD-VASH connections.

The Minnesota Assistance Council for Veterans (MACV) is the state’s leading nonprofit organization serving homeless veterans and operates statewide. MACV provides transitional housing, permanent supportive housing, outreach, employment services, and civil legal assistance specifically for veterans. MACV Minneapolis is reachable at 612-726-1327 and statewide at 833-MAC-VETS (833-622-8387).

Veterans also have access to the Supportive Services for Veteran Families (SSVF) program, which provides grants through community organizations for rapid rehousing and homelessness prevention for low-income veteran families.

This is informational only and not legal advice.

Veterans experiencing housing instability in Minnesota have access to a parallel, specialized housing infrastructure that civilians do not. This infrastructure is built on three pillars: federal HUD-VASH vouchers delivered through the VA healthcare system, the network of veteran-specific nonprofit organizations led by MACV, and VA homeless programs including the SSVF grants to community service providers. Understanding this specialized infrastructure and how to access it is essential for every veteran facing a housing crisis.

HUD-VASH — How It Works

The HUD-VASH program, authorized under 38 U.S.C. § 8162, combines a Section 8 Housing Choice Voucher — which functions identically to any other HCV in terms of how rent is subsidized — with case management services from the VA. The case management component is what distinguishes HUD-VASH from a regular Section 8 voucher: VA case managers work with the veteran to identify housing, support the move-in process, and provide ongoing assistance to maintain housing stability, including connecting veterans to mental health services, substance use treatment, benefits enrollment, and employment support.

HUD-VASH vouchers are awarded by HUD annually to PHAs that work in partnership with VA medical centers. In the Twin Cities, MPHA has received HUD-VASH voucher awards and partners with the Minneapolis VA Medical Center. Veterans who are housed under HUD-VASH must be enrolled in VA healthcare and willing to engage in case management services as conditions of the voucher.

To access HUD-VASH in Minneapolis and the Twin Cities area, veterans should call the Community Resource and Referral Center (CRRC) at the Minneapolis VA Medical Center at 612-313-3240, or visit in person. The CRRC provides coordinated entry into VA homeless programs and can initiate a HUD-VASH referral for eligible veterans.

Minnesota Assistance Council for Veterans (MACV)

MACV is Minnesota’s primary nonprofit organization dedicated to ending veteran homelessness. MACV operates statewide and provides a comprehensive range of services including transitional housing, permanent supportive housing, street outreach, employment services, and civil legal assistance. MACV’s housing programs serve veterans who are homeless or at risk, and the organization has been a key partner in Hennepin County’s effort to achieve “functional zero” veteran homelessness — meaning no veteran is without housing for more than 90 days.

MACV operates housing programs across the state, with Minneapolis as the primary service center (612-726-1327) and additional presence in Mankato (507-345-8258) and other regions. The statewide line is 833-MAC-VETS (833-622-8387).

Supportive Services for Veteran Families (SSVF)

SSVF is a federally funded program (38 U.S.C. § 2044) that provides grants to community organizations to deliver rapid rehousing and homelessness prevention services to low-income veteran families. SSVF services include case management, assistance with security deposits and first and last month’s rent, utility assistance, and connection to VA and community services. SSVF grants are awarded competitively by the VA to organizations in geographic areas across the country, and the specific SSVF provider serving a given area of Minnesota should be identified through the VA’s homeless program coordinator at the nearest VA facility.

Veterans Temporary Emergency Housing Voucher Program (VTEMP)

Minnesota also operates the Veterans Temporary Emergency Housing Voucher Program (VTEMP) through the Minnesota Department of Veterans Affairs (MDVA). VTEMP provides reimbursements to Community Service Providers that cover the cost of temporary housing for veterans at risk of or experiencing homelessness. This is a state-funded bridge program that can provide immediate housing while longer-term solutions are arranged.

HUD-VASH vouchers, as Section 8 vouchers administered by PHAs, are subject to the same criminal history screening rules as the standard HCV program. This means: mandatory exclusion for lifetime sex offender registrants; mandatory exclusion for drug manufacture/distribution in federally assisted housing; and PHA discretionary screening for other criminal history. HUD’s 2024 guidance encouraging individualized assessment applies to HUD-VASH as well. Veterans with criminal history barriers to HCV eligibility should discuss their specific history with the VA case manager, who may be able to identify alternative housing pathways or facilitate an informal hearing if a PHA denial occurs.

Source-of-Income Protection for Veterans

As with all HCV voucher holders in Minnesota, veterans holding HUD-VASH vouchers are protected from source-of-income discrimination by the Minnesota Human Rights Act (Minn. Stat. § 363A.09). A private market landlord in Minnesota may not refuse to rent to a veteran solely because they hold a HUD-VASH voucher. The protections that apply to all voucher holders (see Barrier 12) apply equally to HUD-VASH holders.

Veterans experiencing homelessness or housing instability in Minnesota should: contact the Minneapolis VA Medical Center’s CRRC at 612-313-3240 or the nearest VA facility; contact MACV at 833-622-8387 for statewide assistance; contact the Minnesota Veterans Linkage Line at 1-888-LINK-VET (1-888-546-5838) for connection to services; reach out to local PHAs about HUD-VASH voucher availability; apply for VA healthcare enrollment if not already enrolled; and explore state-level programs including VTEMP through the MDVA.

This is informational only and not legal advice.

The HUD-VASH program is authorized under 38 U.S.C. § 8162 and 42 U.S.C. § 1437f(o)(19). Under these provisions, HUD and the VA are directed to jointly administer the program, with HUD providing the voucher resources and the VA providing case management services through VA medical centers. The program is funded annually through congressional appropriations, with HUD announcing awards to PHAs through a competitive Notice of Funding Opportunity (NOFO) process.

In 2024, HUD and the VA awarded additional HUD-VASH vouchers to PHAs across the country, with Minnesota PHAs among the recipients. HUD publishes the list of 2024 HUD-VASH awards by PHA on its website.

The SSVF program is authorized under 38 U.S.C. § 2044 and is administered by the VA’s National Center on Homelessness Among Veterans. SSVF grantees must use funds to provide eligible services to very low-income veteran families (income at or below 50% of AMI) who are homeless or at imminent risk.

PHA Partnership Requirements

Under the HUD-VASH program rules, PHAs that receive HUD-VASH allocations must enter into agreements with their local VA medical center for case management service delivery. The PHA administers the voucher (payment to landlord, unit inspections, HAP contract) while the VA medical center provides case management. In Minneapolis, the partnership is between MPHA

and the Minneapolis VA Health Care System (MVAHCS). The CRRC is the entry point for veterans seeking VA homeless program services through MVAHCS.

Veterans applying for HUD-VASH vouchers are screened by both the VA (for program eligibility and case management suitability) and the administering PHA (for standard HCV admissions criteria including criminal history). Mandatory exclusions under 24 C.F.R. § 982.553 apply. However, HUD has historically encouraged PHAs administering HUD-VASH to be flexible in criminal history screening, recognizing that many veterans who have experienced homelessness also have justice system involvement. HUD’s 2024 guidance reinforcing individualized assessment is particularly important in the HUD-VASH context.

Veterans who receive a denial from a PHA for HUD-VASH based on criminal history have the right to an informal hearing under 24 C.F.R. § 982.554. Legal aid organizations including MACV’s civil legal assistance program and Mid-Minnesota Legal Aid may assist veterans with informal hearing preparation.

Minnesota Department of Veterans Affairs (MDVA)

The MDVA (mn.gov/mdva) administers state-funded veteran housing programs including VTEMP and coordinates with federal VA programs to provide a comprehensive homelessness prevention and rapid rehousing system for Minnesota veterans. MDVA’s homelessness and prevention resources page (mn.gov/mdva/resources/homelessnessandprevention/index.jsp) lists current state-funded programs and eligibility.

VA Healthcare Enrollment — A Gate to Housing Programs

Enrollment in VA healthcare is a prerequisite for most VA homeless housing programs including HUD-VASH. Veterans who are not enrolled should apply immediately through the VA’s enrollment system at va.gov/health-care/apply/application. Eligibility for VA healthcare is broad; many veterans qualify even with limited discharge documentation. The CRRC and MACV can assist with enrollment.

Veterans with Other Than Honorable (OTH) or Dishonorable discharges may face barriers to VA healthcare enrollment and to HUD-VASH eligibility. Under current VA policy, veterans with OTH discharges may still qualify for some services including emergency mental health care and certain homeless services. Veterans with Dishonorable discharges face more significant barriers. Veterans with less than honorable discharge characterizations should contact the VA regional office or a Veterans Service Organization (VSO) about whether a discharge upgrade petition to the Discharge Review Board or Board for Correction of Military Records might be available.

MACV provides civil legal assistance that includes discharge upgrade petitions for Minnesota veterans. Legal aid organizations including Mid-Minnesota Legal Aid may also assist.

Functional Zero — Minneapolis and Hennepin County

Minneapolis Public Housing Authority and its partners have been pursuing a “functional zero” veteran homelessness goal, meaning no veteran is without a housing solution for more than 90 days. MPHA’s veterans housing program, in partnership with the Minneapolis VA Medical Center, has been active in providing HUD-VASH vouchers and connecting veterans with housing resources. While this goal has not been fully achieved permanently, it reflects a community commitment to veteran housing that shapes how Minneapolis’s housing infrastructure serves this population.

Practitioner Guidance

Practitioners working with homeless or housing-unstable veterans in Minnesota should: confirm VA healthcare enrollment status and facilitate enrollment if needed; contact the CRRC at the Minneapolis VA Medical Center for coordinated access to VA homeless programs; connect the veteran with MACV for transitional housing, permanent supportive housing, and legal assistance; inquire about HUD-VASH voucher availability through the administering PHA; assess whether criminal history barriers exist for HCV/HUD-VASH admission and prepare for an informal hearing if needed; and explore state-funded programs through MDVA including VTEMP as a bridge while longer-term housing is secured.

This is informational only and not legal advice.

38 U.S.C. § 8162 — HUD-VASH Program Authorization https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8162

42 U.S.C. § 1437f(o)(19) — HCV Program Provisions for Homeless Veterans https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f

38 U.S.C. § 2044 — SSVF Program Authorization https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2044

24 C.F.R. Part 982 — HCV Program Regulations (applicable to HUD-VASH) https://www.ecfr.gov/current/title-24/part-982

HUD — HUD-VASH Program Overview and Annual Awards https://www.hud.gov/helping-americans/housing-choice-vouchers-homeless-veterans

VA — HUD-VASH Program https://department.va.gov/homeless/hud-vash/

VA — SSVF Program https://department.va.gov/homeless/supportive-services-for-veteran-families/

Minnesota Human Rights Act — Minn. Stat. § 363A.09 — Source of Income Protection (applicable to HUD-VASH holders) https://www.revisor.mn.gov/statutes/cite/363A.09

Minnesota Department of Veterans Affairs — Homelessness and Prevention Programs https://mn.gov/mdva/resources/homelessnessandprevention/index.jsp

HUD — Reducing Barriers to HUD-Assisted Housing (April 2024) https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

HUD-VASH vouchers function as HCV vouchers and are subject to the same PHA-level criminal history screening rules, including mandatory exclusions for lifetime sex offenders and certain drug offenses. Veterans with criminal history barriers may face PHA denials and have the right to informal hearings. Minnesota’s source-of-income protection prohibits private landlords from refusing HUD-VASH vouchers based on voucher status. VA case management — a distinguishing feature of HUD-VASH compared to standard Section 8 — provides ongoing support for housing stability. State-funded VTEMP provides an emergency bridge while longer-term solutions are arranged.

Veterans Housing Resources

Minnesota Assistance Council for Veterans (MACV) Statewide Phone: 833-MAC-VETS (833-622-8387) | Minneapolis: 612-726-1327 | Mankato: 507-345-8258 Website: https://www.mac-v.org What it helps with: Transitional housing, permanent supportive housing, outreach, employment services, and civil legal assistance for homeless or at-risk veterans statewide.

Minneapolis VA Medical Center — Community Resource and Referral Center (CRRC) Minneapolis Phone: 612-313-3240 Website: https://www.minneapolis.va.gov What it helps with: Coordinated entry into VA homeless programs including HUD-VASH referral, SSVF connection, and VA healthcare enrollment.

Minnesota Veterans Linkage Line Statewide Phone: 1-888-LINK-VET (1-888-546-5838) Website: https://www.mnveteranslinkageline.org What it helps with: Statewide veteran resource connection service; connects veterans to housing, health, and other services.

Minnesota Department of Veterans Affairs (MDVA) Saint Paul Phone: Phone not listed (see website) Website: https://mn.gov/mdva What it helps with: State-funded veteran programs including VTEMP (emergency housing reimbursements), information on housing and prevention resources, and connection to federal VA programs.

HB101 Minnesota — Veterans Housing Programs Website: https://mn.hb101.org/a/14/What it helps with: Comprehensive overview of veteran housing programs in Minnesota including HUD-VASH, SSVF, and MACV transitional housing.

HousingLink — VASH Vouchers Resource Website: https://www.housinglink.org/SubsidizedHousing/vash-vouchers What it helps with: Information on VASH voucher availability and how to apply at Twin Cities VA locations.

Minneapolis Public Housing Authority (MPHA) — Veterans Housing Program Phone: 612-342-1475 Website: https://mphaonline.org What it helps with: HUD-VASH voucher administration in Minneapolis; partner with MVAHCS on veterans housing.

Metro HRA — Metropolitan Council Phone: 651-602-1880 Website: https://metrocouncil.org/Housing/Services/Metro-HRA-Rental-Assistance.aspx What it helps with: HCV program including HUD-VASH for eligible veterans in the suburban Twin Cities area.

MACV Civil Legal Assistance Statewide Phone: 833-622-8387 Website: https://www.mac-v.org/our-services/What it helps with: Civil legal assistance for veterans including housing disputes, discharge upgrade petitions, benefits claims, and housing rights.

Mid-Minnesota Legal Aid Phone: 1-800-292-4150 Website: https://mylegalaid.org What it helps with: Free civil legal services including housing matters, public benefits, and informal hearing assistance for veterans in central Minnesota.

Volunteer Lawyers Network (VLN) Phone: 612-752-6677 Website: https://www.vlnmn.org What it helps with: Free civil legal assistance for qualifying veterans including housing and benefits issues.

Minnesota Department of Human Rights Phone: 651-539-1100 | 1-800-657-3704 Website: https://mn.gov/mdhr What it helps with: Source-of-income discrimination complaints if a private landlord refuses a HUD-VASH voucher.

38 U.S.C. § 8162 — HUD-VASH Authorization https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8162

VA — HUD-VASH Program Overview https://department.va.gov/homeless/hud-vash/

HUD — HUD-VASH Page https://www.hud.gov/helping-americans/housing-choice-vouchers-homeless-veterans

VA — SSVF Program https://department.va.gov/homeless/supportive-services-for-veteran-families/

MACV — Housing Services https://www.mac-v.org/our-services/housing/

HousingLink — VASH Vouchers https://www.housinglink.org/SubsidizedHousing/vash-vouchers

MPHA — Veterans Housing Program https://mphaonline.org/news/mphas-veterans-housing-program-helps-end-veteran-homelessness-in-hennepin-county/

Minnesota MDVA — Homelessness and Prevention https://mn.gov/mdva/resources/homelessnessandprevention/index.jsp

HB101 Minnesota — Veterans Housing Programs https://mn.hb101.org/a/14/

Minnesota Veterans Linkage Line https://www.mnveteranslinkageline.org

HUD — Reducing Barriers to HUD-Assisted Housing (2024) https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing

Minnesota Housing Node Intelligence Atlas — All 13 Rental Barrier Intelligence Stacks Complete.

This is informational only and not legal advice.