HF 4783

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:52pm

A bill for an act
relating to human rights; establishing the Minnesota Fair Chance Access to Housing
Act; imposing penalties; proposing coding for new law in Minnesota Statutes,
chapter 363A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [363A.091] MINNESOTA FAIR CHANCE ACCESS TO HOUSING ACT.
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new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section shall be known and may be cited as the "Minnesota
Fair Chance Access to Housing Act."
new text end

new text begin Subd. 2. new text end

new text begin Preapplication. new text end

new text begin A landlord shall not print, circulate, post, mail, or otherwise
cause to be published a statement, advertisement, notice, or sign that indicates that a rental
application will be denied based solely or in part on an individual's criminal record. Before
accepting an application fee for a rental unit, a landlord shall disclose in writing to the
applicant whether the landlord's rental application screening process includes an evaluation
or a consideration of the applicant's criminal record.
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new text begin Subd. 3. new text end

new text begin Application stage. new text end

new text begin After the receipt of an application for a rental unit from an
applicant and the payment of an application fee, if any, by that applicant, a landlord may
screen the applicant to determine whether the applicant satisfies all the application criteria.
Application criteria include but are not limited to income eligibility, rental history check,
credit score check, pet restrictions qualification, or other application criteria. Application
criteria do not include at this stage the evaluation or consideration of the applicant's criminal
record.
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new text begin Subd. 4. new text end

new text begin Conditional offer. new text end

new text begin (a) A landlord must issue a conditional offer if, after
screening the application, the landlord determines that the applicant satisfies all the
application criteria.
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new text begin (b) After the issuance of a conditional offer to an applicant, a landlord may only consider
a criminal record in the applicant's history that includes any of the following:
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new text begin (1) a conviction for arson or human trafficking under sections 609.281; 609.282; 609.283;
609.284; 609.321; 609.322; and 609.561;
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new text begin (2) whether the applicant is an individual who has been convicted of criminal sexual
conduct under sections 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3,
paragraph (b); and 609.3453;
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new text begin (3) is required to register as a predatory offender under section 243.166, subdivision 1b,
paragraph (a), clause (1), item (iii); and
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new text begin (4) any other felony conviction not listed under clauses (1) and (2) that have been
adjudicated within 365 days immediately preceding the date the conditional offer was issued.
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new text begin (c) A landlord may withdraw a conditional offer based solely on an applicant's criminal
record if the landlord determines that the withdrawal is necessary to fulfill a substantial,
legitimate, and nondiscriminatory interest. In making the determination, a landlord is required
to conduct an individualized assessment of the applicant. A landlord shall:
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new text begin (1) notify the applicant in writing that an individualized assessment will be conducted;
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new text begin (2) provide reasonable time for the applicant to provide mitigating evidence to support
the individualized assessment. Mitigating evidence may include:
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new text begin (i) a written statement from a parole officer or a member of law enforcement explaining
whether the applicant is rehabilitated;
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new text begin (ii) documentary evidence that shows proof of employment or job readiness training;
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new text begin (iii) documentation of participation in or completion of a substance use disorder treatment;
and
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new text begin (iv) character references from past housing providers, employers, or other members of
the community;
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new text begin (3) consider the following factors:
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new text begin (i) the nature and severity of the criminal offense;
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new text begin (ii) the age of the applicant at the time of the occurrence of the criminal offense;
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new text begin (iii) the time that has elapsed since the occurrence of the criminal offense;
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new text begin (iv) any information provided by the applicant or on the applicant's behalf about the
applicant's rehabilitation and good conduct since the occurrence of the criminal offense;
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new text begin (v) whether the criminal offense occurred on or was connected to a rental property that
was rented or leased by the applicant; and
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new text begin (vi) whether the criminal offense has a direct and specific negative impact on the safety
of other individuals or property.
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new text begin Subd. 5. new text end

new text begin Denials. new text end

new text begin (a) If a landlord withdraws a conditional offer, the landlord must,
within 24 hours after withdrawing the conditional offer, do all of the following:
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new text begin (1) send a written document by mail or email to the applicant that does the following:
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new text begin (i) informs the applicant of the withdrawal of the conditional offer, including the specific
reasons for the withdrawal;
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new text begin (ii) informs the applicant that the applicant has the right to file a complaint with the
commissioner of human rights; and
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new text begin (iii) informs the applicant that within 14 days of receiving the written document notifying
the applicant of the withdrawal of the conditional offer, the applicant has the right to request,
in writing, a copy of all the documents that the landlord relied on in making the determination
to withdraw the conditional offer; and
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new text begin (2) return any application fee or holding deposit collected from the applicant.
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new text begin (b) If an applicant requests a copy of the documents that the landlord relied on in making
the determination to withdraw the conditional offer, the landlord shall provide the documents
requested, free of charge, within ten days after receiving the request.
new text end

new text begin Subd. 6. new text end

new text begin Liability. new text end

new text begin A landlord that complies with this act is immune from liability in a
civil action arising out of:
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new text begin (1) the landlord's decision to rent or lease to an individual with a criminal record or who
was otherwise convicted of a criminal offense; and
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new text begin (2) the landlord's failure to conduct a criminal background check.
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new text begin Subd. 7. new text end

new text begin Exceptions. new text end

new text begin Landlords that have less than ..... units and are owner occupied
are exempt from this law.
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new text begin Subd. 8. new text end

new text begin Enforcement. new text end

new text begin The commissioner of human rights shall investigate violations
of this law. If violations have occurred, the commissioner may impose violations of:
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new text begin (1) $500 per violation for building with less than ….. number of units;
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new text begin (2) $1,000 per violation for building with more than ….. but less than ….. number of
units; and
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new text begin (3) $2,000 per violation for building with more than ….. but less than ….. number of
units.
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new text begin Subd. 9. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
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new text begin (b) "Applicant" means an individual that submits a rental application to rent or lease a
rental unit.
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new text begin (c) "Arrest record" means information that indicates that an individual has been
questioned, apprehended, taken into custody or detention, held for investigation, arrested,
charged, indicted, or tried for any felony, misdemeanor, or other offense by a law enforcement
agency.
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new text begin (d) "Background check report" means a report by a law enforcement agency, court,
consumer reporting agency, or tenant screening agency regarding an applicant's criminal
history.
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new text begin (e) "Conditional offer" means a written offer to rent or lease a rental unit made by the
landlord to an applicant that is contingent on a subsequent inquiry into the applicant's
criminal record.
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new text begin (f) "Criminal record" means information transmitted orally, in writing, or by any other
means, and obtained from any source, including but not limited to the individual to whom
the information pertains, a government agency, or a background check report, regarding
any of the following:
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new text begin (1) a conviction;
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new text begin (2) an arrest record;
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new text begin (3) a sealed, dismissed, or vacated conviction;
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new text begin (4) an expunged, voided, or invalidated conviction;
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new text begin (5) a conviction rendered inoperative by judicial action or by statute;
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new text begin (6) a determination or adjudication in the juvenile justice system;
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new text begin (7) a matter considered in or processed through the juvenile justice system;
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new text begin (8) participation in or completion of a diversion program; and
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new text begin (9) a deferral of a diversion program.
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new text begin (g) "Deposit" means a payment requested by a landlord during the application for a
rental unit to reserve a rental unit for an applicant.
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new text begin (h) "Landlord" means either:
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new text begin (1) the owner, lessor, or sublessor of a rental unit or the property of which it is a part;
or
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new text begin (2) a person authorized to exercise any aspect of the management of the premises,
including a person that directly or indirectly acts as a rental agent, or receives rent, other
than as a bona fide purchaser, and has no obligation to deliver the rent payments to another
person.
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new text begin (i) "Law enforcement agency" means the police department of a city, township, or village,
the sheriff's department of a county, the department, the department of state police, or any
other governmental law enforcement agency of this state.
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new text begin (j) "Rental unit" means a structure or part of a structure used as a home, residence, or
sleeping unit by a single person or household unit, or any grounds, or other facilities or area
promised for the use of a residential tenant. Rental units include but is not limited to
apartment units, boarding houses, rooming houses, mobile home spaces, and single- and
two-family dwellings.
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