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Minnesota Tenant Screening Laws: The Landlord and Applicant Guide

FCRA Permissible Purpose · Section 1681m(a) Adverse Action Notice · Section 504B.173 Screening-Fee Rule · Minnesota Human Rights Act · Minneapolis and St. Paul Ordinances

Updated Q3 2026 By Tenant Screening Background Check Editorial Team Applies Minnesota ~17 min read

Minnesota tenant screening sits at the crossroads of two bodies of law: the federal Fair Credit Reporting Act, which governs how a consumer report may be pulled and used everywhere in the country, and Minnesota’s own rules under Minnesota Statutes Section 504B.173 and Section 504B.241, which add a specific screening-fee disclosure, a refund duty, a fourteen-day rejection notice, and report-correction rights. On top of the statewide floor sit two of the strictest local renter-screening ordinances in the nation, in Minneapolis and St. Paul. The Minnesota landlords who screen properly almost never face a lawsuit. The ones who skip the pre-fee disclosure, the consistent written criteria, or the adverse action notice pay for that shortcut, and the mandatory attorney-fee provisions are what make the bill so large.

This guide walks the whole framework in plain English: what the federal Fair Credit Reporting Act actually requires of a landlord — and the widely repeated “pre-adverse action notice” that it does not — Minnesota’s screening-fee rule and pre-fee disclosure under Section 504B.173, the applicant’s report-correction rights under Section 504B.241, fair-housing protection under the federal Fair Housing Act and the Minnesota Human Rights Act, the accurate source-of-income and Section 8 analysis, the Minneapolis Section 244.2030 and St. Paul chapter 193 renter-screening ordinances, the Fair Housing Act discriminatory-effects rule at 24 CFR Section 100.500 that outlived HUD’s withdrawn 2016 criminal-records guidance, the rights every applicant holds, a day-by-day screening workflow, a compliance playbook, real scenarios, and a Minnesota-specific set of frequently asked questions.

Because Minnesota’s biggest cities add protections on top of the statewide baseline, the safest posture for a landlord is the written pre-fee disclosure, written consent, consistent written criteria, and proper adverse action notices every single time, and the strongest position for an applicant is to know exactly which rights the law confers. Treat every figure here as a starting point and verify the current statute and local ordinance before you screen, charge a fee, or dispute a decision.

Minnesota tenant screening rules at a glance

  • No statewide dollar cap on the applicant screening fee was found in Minn. Stat. 504B.173; a landlord may not charge one when it knows or should have known that no rental unit is available or will be available within a reasonable future time, must give a receipt on request, must disclose the screening service and criteria in writing first, must refund it when the applicant is rejected for an undisclosed reason or a prior applicant takes the unit, and must return any unused portion when no report is run (Minn. Stat. 504B.173, subds. 1-3). See the Minnesota application fee guide.
  • No statewide portable or reusable screening report rule was found; instead a screening service must re-check Minnesota Court Records Online within twenty-four hours before issuing a report and must let an applicant see and correct the file (Minn. Stat. 504B.241).
  • No statewide criminal-history lookback or fair-chance housing statute was found, but Minneapolis Code 244.2030 and St. Paul Legislative Code ch. 193 bar reliance on most misdemeanors older than three years and most felonies older than seven unless the landlord runs a documented individualized assessment.
  • A landlord may not deny an application based on a pending eviction, a non-public or expunged court file, or any eviction that did not end in a writ of recovery, and must notify a rejected applicant within fourteen days of the criteria not met (Minn. Stat. 504B.173, subds. 3 and 3a).
  • The Minnesota Human Rights Act protects status with regard to public assistance, marital status, sexual orientation and gender identity in rentals (Minn. Stat. 363A.09), and a rental application must offer an SSN-or-ITIN option (Minn. Stat. 504B.117).
  • The federal Fair Credit Reporting Act is the baseline for every screening report, including the adverse action notice owed after a report-based denial (15 U.S.C. 1681m(a)).

Minnesota Tenant Screening at a Glance

Primary Authority

FCRA — fifteen U.S.C. section 1681 & Fair Housing Act

Minnesota Authority

Section 504B.173 fee rule & Section 504B.241 report rights

Screening Fee Rule

No dollar cap — disclose, receipt & refund

Local Ordinances

Minneapolis § 244.2030 & St. Paul ch. 193 — the only pre-denial duties in Minnesota

Bottom line: A Minnesota landlord must satisfy the federal Fair Credit Reporting Act — permissible purpose and an adverse action notice under 15 U.S.C. Section 1681m(a) whenever a consumer report contributes to a denial, a higher deposit, a higher rent or a co-signer requirement — and Minnesota’s own rules on top of it. The FCRA imposes no “pre-adverse action” step on a landlord: that two-step procedure lives in 15 U.S.C. Section 1681b(b)(3), which applies only “in using a consumer report for employment purposes.” Minnesota Statutes Section 504B.173 does not set a dollar cap on the applicant screening fee; it bars a fee when no unit is available, requires a written disclosure of the screening service and the decision criteria before any fee is collected, requires a refund when the applicant is rejected for a reason not disclosed or the report is never run, and requires a rejection notice within fourteen days identifying the failed criteria. Section 504B.241 lets an applicant see and correct the screening report. The Minnesota Human Rights Act, at Section 363A.09, protects a long list of classes, including status with regard to public assistance, though whether that compels acceptance of a Section 8 voucher is a local, not a clearly statewide, question. Minneapolis (Code of Ordinances Section 244.2030) and St. Paul (Legislative Code chapter 193) add look-back limits on criminal and eviction records, cap the security deposit at a single month’s rent, and — this is the genuine pre-denial duty in Minnesota — require a landlord who screens more strictly than the ordinance’s own criteria to run a documented individualized assessment before denying. Those duties come from city law, not from the FCRA. These are general rules; verify the current statute and any local ordinance before you screen.

The FCRA Framework in Minnesota

The Fair Credit Reporting Act, codified at fifteen U.S.C. section 1681, is the federal statute that governs tenant screening nationwide, and a Minnesota landlord must comply with it regardless of any state-law differences, then add Minnesota’s own rules under Section 504B.173 and Section 504B.241. Getting both layers right prevents almost all screening-related liability. Two federal duties sit at the core, permissible purpose and the adverse action notice, alongside two load-bearing practices — and a further point, the one nearly every screening guide gets wrong, is what the FCRA does not require of a landlord.

Permissible Purpose

A landlord may obtain a consumer report on a rental applicant because the landlord has a legitimate business need for the information in connection with a business transaction that is initiated by the consumer — Fair Credit Reporting Act section 604(a)(3)(F)(i), 15 U.S.C. Section 1681b(a)(3)(F)(i). The parallel clause at section 604(a)(3)(F)(ii) covers reviewing an existing account, which is how a landlord may re-screen at lease renewal. The screening company will require the landlord to certify that purpose in writing before it releases anything. Permissible purpose is the threshold right to obtain the report at all; it does not eliminate any of the other duties — it only opens the door to a report the landlord must then handle correctly.

Written Consent and Authorization

Take written authorization from every applicant before pulling a consumer report — but be precise about where the duty comes from, because this is the second thing screening guides routinely misstate. The FCRA’s stand-alone written disclosure and written authorization rule is section 604(b)(2), 15 U.S.C. Section 1681b(b)(2), and by its own terms it governs a report procured “for employment purposes.” A landlord’s authority to obtain the report comes from permissible purpose, not from that subsection. Written consent is nevertheless close to mandatory in practice: every FCRA-compliant consumer reporting agency requires it by contract as a condition of releasing the report, and a signed standalone form is far better evidence of permissible purpose than a clause buried in the rental application if the pull is ever challenged.

One genuine federal pre-report duty can reach a landlord directly. If the landlord orders an investigative consumer report — one built on personal interviews about character, general reputation, personal characteristics or mode of living rather than on database records — section 606(a), 15 U.S.C. Section 1681d(a), requires a clear and accurate written disclosure of that fact,