Public assistance status in Minnesota: what section 363A.09 says about renters
Minnesota does not use the phrase source of income. Section 363A.09 of the Human Rights Act protects "status with regard to public assistance" in real property transactions. An owner, agent or other person with the right to rent may not refuse to rent or withhold property, discriminate in the terms, conditions or privileges, or use ads, signs, application forms or inquiries that express a limitation on that basis.
What does 363A.09 prohibit?
Subdivision 1 makes it an unfair discriminatory practice for an owner, lessee, sublessee, assignee or managing agent, or any other person with the right to sell, rent or lease real property, or any agent of these, to do three things. First, to refuse to sell, rent or lease or otherwise deny or withhold real property from a person or group because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation or familial status. Second, to discriminate on those grounds in the terms, conditions or privileges of the rental or in facilities or services provided, with an exception for reasonable rules intended to protect the safety of minors. Third, in any transaction involving real property, to print, circulate or post an advertisement or sign, to use any application form, or to make any record or inquiry that expresses, directly or indirectly, a limitation or discrimination on those grounds.
What does "status with regard to public assistance" cover?
The term is defined in the definitions section, 363A.03, and the same phrase appears in the definition of a local human rights commission, which deals with discrimination on that basis. I confirmed the phrase in the statute but did not capture the full definition in the text I read, so look up the current definition before you decide whether a particular payment is covered. As a working rule, treat government housing assistance as covered and ask an attorney about edge cases.
The third item is a reminder that the application itself is regulated. A form field, a pre-screening question or a record of an inquiry that expresses a limitation on public assistance status is a violation even if you never use the answer. Read your forms for questions that sort applicants by payment type.
How should a Minnesota landlord write the standard?
Use criteria that measure the same thing for every applicant: identity, rental history, background within the limits of law, and the applicant's ability to pay the rent. State the income test in terms of the portion the applicant owes, count every lawful payment toward it, and keep the same terms for deposits, fees and repairs once a lease starts.
Example a made-up landlord keeps a one-page checklist dated Monday, November 2, 2026 and uses it for every applicant. It asks for photo ID, two prior landlord references, a credit report and proof of income covering the applicant's share of the rent. A tenant whose share is partly paid by assistance is checked on the same page. Nothing on the form or in the ad asks how the rent will be paid beyond the amount of the applicant's share.
- Review forms and ads for any limitation on public assistance status.
- Apply deposits and fees equally to all tenants.
- Keep one dated checklist and attach it to every file.
- Record denial reasons in the words of your criteria.
This post covers the prohibition text only. Chapter 363A has procedure and remedy sections that I did not summarize; read them before you respond to a charge.
Where does DoorKeeping fit?
DoorKeeping keeps your written screening standard, each application, the dates you responded and the reasons in one place, so every applicant gets the same checklist and you can show it. You make the decisions. This is general information, not legal advice: check the current statute, and ask a local attorney if an applicant raises a complaint.
Sources
- Minnesota Statutes 363A.09, Real property (Office of the Revisor of Statutes), read Oct 30, 2026
- Minnesota Statutes 363A.03, Definitions (Office of the Revisor of Statutes), read Oct 30, 2026
Questions
- Does Minnesota protect renters on public assistance?
- Section 363A.09 lists status with regard to public assistance as a protected ground in real property transactions.
- Can a Minnesota application form ask about public assistance?
- Not to express a limitation or discrimination; subdivision 1(3) covers forms, signs, records and inquiries.
- Who is covered by 363A.09 in Minnesota?
- Owners, lessees, sublessees, assignees and managing agents, and any other person with the right to rent, or their agents.