Does A Minneapolis Duplex Owner Have To Accept Section 8?

Minnesota and Minneapolis’ recent changes to landlord/tenant laws sure have a lot of us confused. At least, if you’re judging that trend simply by the number of calls I’ve received about them.

Top on the list? Section 8.

So, does a Minneapolis landlord HAVE to accept Section 8 housing vouchers no matter what?

In a word, no. However, under no conditions whatsoever may a housing provider advertise they refuse to take Section 8, and an applicant may be denied provided the reasons comply with city exceptions.

A housing provider may not discriminate against an applicant for a vacant unit solely based on the fact that they have a housing voucher. However, tenant applicants must still meet the landlords’ other written requirements for tenancy (provided they do not conflict with city or state law).

Minneapolis landlords may use one of two methods for rental screening:

• The city’s inclusive screening criteria.
• Individualized assessment.

Inclusive screening criteria prohibits housing providers from using the following for denying tenancy:

• Criminal History – misdemeanors more than 3 years old, arrests that did not result in a conviction, stays or continuances. Anything that was once a crime but is now legal in the state may not be grounds for rejection, nor many any felony record more than 10-years-old. However, a housing provider may still deny an applicant if the criminal conviction involves drug manufacturing or distribution, households where a member has to register as a sex offender, or any other category prohibited by federal regulations.
• Monthly income less than three times the monthly rent.
• Credit history. Applicants may not be denied based solely on their credit score or a lack of credit history.

Individualized Assessment. First, a clarification. Any part of the screening criteria that varies from inclusive criteria is an individualized assessment. This allows housing providers to consider additional factors when screening applicants based on any additional information an applicant gives them. Given this information, an owner would take into account specific factors, including your age at the time of an event, how long ago it took place, and whether it involved a big life event a tenant couldn’t possibly have planned for (job loss, death, illness, domestic violence, divorce, etc.)

Supplemental evidence provided by an applicant must be in writing. It may include proof of income sources, references from employers, past landlords, or probation officers. It may include proof of participation in a renter certification or job training program.

Note, that these Section 8 applicant rules are for the city of Minneapolis only. They should be taken seriously, as the city may find those in violation may be required to pay damages, costs, and attorney’s fees to the applicant, attend compliance training, and be monitored by the city.