Crime/Drug-Free, disorderly/nuisance conduct rental ordinances in Minnesota

Last updated May 17, 2022 — scroll down for the Hennepin County list, Ramsey County to be added soon

Hundreds of cities across the United States, including in Minnesota, have enacted and enforce local ordinances or regulations often referred to as “crime/drug-free,” “disorderly/nuisance conduct,” or “conduct on licensed premises” ordinances that specifically impact and are enforced on rental housing in these communities. We have previously pointed out a number of serious concerns with such ordinances. These ordinances can have harmful racial equity consequences, disproportionately impact people experiencing domestic violence, and impede tenants access to police and emergency services. We are not alone in drawing attention to the seriously problematic consequences of these ordinances throughout the country (for example HUD and NHLP). We call on cities in Minnesota that have such ordinances on the books to immediately take action to suspend, review, and then amend and/or repeal their ordinances.

Thankfully, some cities are taking action. In 2018, Minneapolis amended their ordinance with some improvements—more could be done. In 2019, St. Louis Park suspended enforcement of their ordinance, convened a community workgroup to review it, and in August 2020 the city council approved amendments to their ordinance that repealed the crime-free provisions, leaving only a few limited references to how disorderly use and police contacts can impact the status of a rental license. Later in 2020, Golden Valley repealed their ordinance and Robbinsdale placed a one-year moratorium on enforcement of their ordinance in order to study it, later deciding in early 2022 to amend but not fully repeal the ordinance. In April/May of 2022, Bloomington is repealed their crime-free ordinance provisions.

HOME Line published an overview of cities that we are aware have enacted and enforce these type of ordinances, so that community members have clear information about the policies impacting them and their neighbors. We began with Hennepin County and will be adding Ramsey County soon in 2022.

The table for Hennepin County is below. Please note, this information is generalized. There are many nuances in each city code/ordinance that make very important differences–such as what type of conduct constitute a violation, how many violations result in a city response, and what types of city actions can be taken on a landlord and/or a tenant. This is why we have cited and linked to the most relevant part of each city’s code or ordinance, so readers of this post can review it themselves. The column headings are generally self-explanatory, however here is a more detailed explanation of several:

• Lease Addendum Required: The ordinance requires the landlord to insert some type of Crime/Drug-Free or disorderly conduct lease addendum into each lease they enter into with tenants. Here is a sample of this type of lease addendum. The provisions in each required lease addendum do vary from city to city.
• Criminal Background Search Required: The ordinance requires the landlord to perform some type of formal criminal background search for each prospective tenant/applicant. Most if not all ordinances with this requirement do not necessarily obligate the landlord act in one way or the other in response to what comes back on a report, but simply the requirement may influence how they screen out people with any level of criminal activities showing up in their report.
• Enforcement: This identifies which individual(s) or what department(s) that each ordinance points to as who is responsible for enforcing the ordinance. Note that in most cases, police are involved at some point in the process–while they may not directly enforce these ordinances in some cities, it is usually with their reports that the enforcing agent or department rely on to take action.

Several cities have asterisks (*) next to them. There are notes at the bottom of the table explaining unique differences with those cities.

As always, if you are a tenant who is impacted by one of these or other local ordinances throughout the state and you have questions, contact our tenant hotline: 612-728-5767 or via email at homelinemn.org/email

Hennepin County

*Notes:
Bloomington: Effective May 5, 2022, Bloomington repealed the crime-free provisions of their rental housing licensing code.
Golden Valley: In November 2020, the city council repealed their ordinance.
New Hope: Lease Addendum and Criminal Background Search not required. Instead, landlords who use the addendum and perform a search can qualify for reduction in annual rental registration permit fee.
Minneapolis: This city amended their ordinance in late 2018 to alter how it works. An interdisciplinary review panel is tasked with reviewing and acting on violations of the ordinance. The review panel is comprised of representatives of multiple city departments (including staff from the police department), as well as representatives from public or private community, business or social service organizations.
Robbinsdale: In October 2020, the city council placed a one-year moratorium on enforcement of their ordinance in order to study it, later deciding in early 2022 to amend but not fully repeal the ordinance.
St. Louis Park: In August 2020 the St. Louis Park city council amended their ordinance to repeal the crime-free provisions, leaving only a few limited references to how disorderly use and police contacts can impact the status of a rental license.