Purpose

The purpose of this bill is to establish the Minnesota Fair Chance Access to Housing Act. This act aims to ensure that individuals with criminal records have fair access to housing opportunities by regulating how landlords can use criminal records in the process of evaluating rental applications.

Main Provisions

• Preapplication Restrictions: Landlords are prohibited from advertising rental units with statements that exclude applicants based solely on their criminal record. They must disclose if a criminal record check will be part of their screening process before accepting any application fees.
• Application Criteria: At the initial application stage, landlords are not allowed to consider an applicant's criminal record. Instead, they must first evaluate other criteria like income, rental history, and credit score.
• Conditional Offers: Once an applicant meets all non-criminal application criteria, the landlord issues a conditional offer. Only then can the landlord consider specific criminal offenses such as arson, human trafficking, and certain sexual conduct offenses, or recent felonies from the past year.
• Withdrawing Offers: If a landlord decides to withdraw a conditional offer due to a criminal record, they must conduct an individualized assessment and consider mitigating factors. Applicants must be informed in writing, are allowed to submit proof of rehabilitation, and have the right to access documents related to the decision.
• Landlord Immunity: Compliant landlords are protected from civil liability concerning decisions made regarding applicants with criminal records or if they choose not to conduct a criminal background check.
• Exemptions: Owner-occupied buildings with fewer units are exempt from this act.

Significant Changes to Existing Law

This bill adds new legal requirements for landlords concerning the use of criminal records during the housing application process. It introduces structured decision-making processes and enforces transparency for applicants. Moreover, the bill establishes penalties for non-compliance, enforceable by the commissioner of human rights.

Relevant Terms

• Minnesota Fair Chance Access to Housing Act
• Criminal record
• Conditional offer
• Individualized assessment
• Mitigating evidence
• Application criteria