SF2629 (Legislative Session 94 (2025-2026))

Minnesota Fair Chance Access to Housing act establishment provision

Related bill: HF2283

AI Generated Summary

Purpose of the Bill

The purpose of this Minnesota legislative bill is to establish the "Minnesota Fair Chance Access to Housing Act." The goal is to provide fair access to housing for individuals with criminal records by regulating how landlords assess these records during the rental application process.

Main Provisions

  • Preapplication Transparency: Landlords cannot advertise that applicants with criminal records will be denied housing. Before collecting application fees, landlords must disclose in writing if they evaluate an applicant's criminal record.
  • Application Process: Once an application and any fees are submitted, landlords can screen applicants based on income, rental history, credit score, and other criteria, but not criminal records at this stage.
  • Conditional Offer: If an applicant satisfies all non-criminal criteria, the landlord must issue a conditional offer. Only then can certain criminal records be considered.
  • Consideration of Criminal Records:
    • Landlords can assess records for convictions related to arson, human trafficking, criminal sexual conduct, and other serious felonies adjudicated within the past year.
    • Landlords can withdraw a conditional offer based on these criminal records if justified by a substantial, legitimate, nondiscriminatory interest, which requires an individualized assessment.
  • Denial Procedures: If a conditional offer is withdrawn, landlords must notify the applicant in writing, explaining the reason and informing them of their rights to file a complaint and request documentation.

Significant Changes

  • Liability and Exemptions: Landlords complying with the act are protected from liability in civil actions related to renting to individuals with criminal records. The law exempts owner-occupied landlords with fewer than a certain number of rental units.
  • Enforcement and Penalties: The Minnesota Commissioner of Human Rights will investigate violations and may impose fines varying based on the size of the rental property.

Relevant Terms

  • Fair Chance Access to Housing Act
  • Criminal record evaluation
  • Conditional offer
  • Individualized assessment
  • Landlord application criteria
  • Human trafficking, arson, criminal sexual conduct
  • Minnesota Commissioner of Human Rights
  • Rental application process

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 16, 2025SenateFloorActionIntroduction and first reading
March 16, 2025SenateFloorActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [
        "Clarifies that landlords can only consider this provision regarding criminal history."
      ],
      "removed": [],
      "summary": "A landlord may consider if an applicant is required to register as a predatory offender under section 243.166, subdivision 1b.",
      "modified": []
    },
    "citation": "243.166, subdivision 1b, paragraph a, clause 1, item iii"
  },
  {
    "analysis": {
      "added": [
        "Specifies crimes including arson that may affect rental lease offers."
      ],
      "removed": [],
      "summary": "Considers conviction for arson under section 609.281 as part of rental application process.",
      "modified": []
    },
    "citation": "609.281"
  },
  {
    "analysis": {
      "added": [
        "List of crimes considered in rental applications include those under section 609.282."
      ],
      "removed": [],
      "summary": "Includes conviction for offenses under section 609.282 in considering applicants for housing.",
      "modified": []
    },
    "citation": "609.282"
  },
  {
    "analysis": {
      "added": [
        "Section 609.283 crimes are considered by landlords when evaluating applicants."
      ],
      "removed": [],
      "summary": "Evaluates convictions for offenses under section 609.283 as criteria for rental offers.",
      "modified": []
    },
    "citation": "609.283"
  },
  {
    "analysis": {
      "added": [
        "Section 609.284 is part of assessment criteria in housing applications."
      ],
      "removed": [],
      "summary": "Specifies consideration of convictions under section 609.284 in rental applications.",
      "modified": []
    },
    "citation": "609.284"
  },
  {
    "analysis": {
      "added": [
        "Section 609.321 regarding human trafficking considered by landlords."
      ],
      "removed": [],
      "summary": "Considers human trafficking under section 609.321 during rental application evaluations.",
      "modified": []
    },
    "citation": "609.321"
  },
  {
    "analysis": {
      "added": [
        "Section 609.322 assures consideration of human trafficking in lease decisions."
      ],
      "removed": [],
      "summary": "Includes section 609.322 for consideration of human trafficking offenses in housing applications.",
      "modified": []
    },
    "citation": "609.322"
  },
  {
    "analysis": {
      "added": [
        "Landlords may evaluate section 609.561 when offering conditional rental agreements."
      ],
      "removed": [],
      "summary": "Arson convictions under section 609.561 may affect rental applications.",
      "modified": []
    },
    "citation": "609.561"
  },
  {
    "analysis": {
      "added": [
        "Landlords consider section 609.342 offenses in application assessments."
      ],
      "removed": [],
      "summary": "Evaluates criminal sexual conduct under section 609.342 in rental applications.",
      "modified": []
    },
    "citation": "609.342"
  },
  {
    "analysis": {
      "added": [
        "Inclusion of section 609.343 in rental application screening."
      ],
      "removed": [],
      "summary": "Considers criminal sexual conduct outlined in section 609.343 for rental eligibility.",
      "modified": []
    },
    "citation": "609.343"
  },
  {
    "analysis": {
      "added": [
        "Section 609.344 is part of criteria for evaluating rental applications."
      ],
      "removed": [],
      "summary": "Includes convictions under section 609.344 in deciding rental offers.",
      "modified": []
    },
    "citation": "609.344"
  },
  {
    "analysis": {
      "added": [
        "Inclusion and evaluation of section 609.345 in lease decisions for applicants."
      ],
      "removed": [],
      "summary": "Offenses under section 609.345 are considered in evaluating rental applications.",
      "modified": []
    },
    "citation": "609.345"
  },
  {
    "analysis": {
      "added": [
        "Consideration of section 609.3451 offenses when making rental offers."
      ],
      "removed": [],
      "summary": "Evaluates offenses listed under section 609.3451, subdivision 3, paragraph b during application.",
      "modified": []
    },
    "citation": "609.3451, subdivision 3, paragraph b"
  },
  {
    "analysis": {
      "added": [
        "Section 609.3453 offenses evaluated during tenant application screenings."
      ],
      "removed": [],
      "summary": "Considers criminal sexual conduct under section 609.3453 during rental assessments.",
      "modified": []
    },
    "citation": "609.3453"
  }
]