SF2629

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• Denial Procedures: If a conditional offer is withdrawn, landlords must notify the applicant in writing, explaining the reason and informing them of their rights to file a complaint and request documentation.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