Short answer: Minnesota Section 8 rules give voucher holders statewide protection: Minn. Stat. § 363A.09, subd. 1 bars refusing to rent because of “status with regard to public assistance,” and § 363A.03, subd. 47 defines that status to include a tenant receiving federal, state or local subsidies, “including rental assistance or rent supplements.” Minnesota also funds its own voucher, Bring It Home, for low-income renters who do not have Section 8.
Two features make Minnesota different from most states. The Human Rights Act lists public assistance status as a protected trait in housing, and Minneapolis layers its own voucher rules on top. And the state now pays for a second, state-funded rental subsidy that works much like a Housing Choice Voucher. This guide covers both, along with the agencies that run them and the federal rules that apply to every voucher lease.
Minnesota Section 8 rules: quick reference
| Rule | Minnesota | Statute |
|---|---|---|
| Refusing to rent because of public assistance status | Prohibited | Minn. Stat. § 363A.09, subd. 1(1) |
| Rental assistance counts as public assistance | Yes: subsidies “including rental assistance or rent supplements” | § 363A.03, subd. 47 |
| Different terms for assisted tenants | Prohibited | § 363A.09, subd. 1(2) |
| Main exemption | Resident owner renting rooms in a one-family home | § 363A.21, subd. 1 |
| State-funded voucher | Bring It Home, for households at or below 50% of area median income | Minnesota Housing |
How the Minnesota Human Rights Act treats vouchers
Section 363A.09, subdivision 1, clause (1), makes it an unfair practice to refuse to rent, or otherwise deny, real property “because of” a list of traits that includes status with regard to public assistance. Clause (2) extends that to the terms, conditions and privileges of a rental, so a landlord also may not set a different deposit or rent for an assisted tenant.
The definition in § 363A.03, subd. 47, covers two groups: recipients of federal, state or local assistance, including medical assistance, and tenants “receiving federal, state, or local subsidies, including rental assistance or rent supplements.” A Housing Choice Voucher is federal rental assistance, and a Bring It Home voucher is state rental assistance, so both fit the second group.
The statute does not name Section 8 or address the program’s paperwork, such as the HUD addendum or the inspection. If a landlord says those requirements are the problem, that is a fact pattern worth bringing to a fair housing organization or legal aid.
The resident-owner exemption
Under § 363A.21, subd. 1, a resident owner or occupant renting a room or rooms in a one-family accommodation may lawfully choose based on several traits, public assistance status among them. That is narrow. It does not reach an apartment complex, a single-family rental where the owner does not live, or (by its wording) a duplex unit.
Minneapolis adds its own rules
The City of Minneapolis tells renters on its renter rights page that landlords cannot discriminate against people who use public assistance or vouchers, that voucher or assistance income cannot disqualify an applicant, and that landlords may not charge higher rent or extra fees or give lower repair priority to subsidized tenants. It also says ads reading “No section 8 accepted” are illegal and that complaints go to the city’s Civil Rights Department. More detail is in our Minneapolis tenant rights guide.
Agencies and waiting lists
Minnesota’s voucher agencies are a mix of public housing authorities and housing and redevelopment authorities (HRAs), many organized by county.
- Minneapolis Public Housing Authority (MPHA). MPHA administers nearly 7,500 tenant-based and project-based vouchers, plus special-purpose vouchers for certain groups. It posted that its voucher waitlist would open in October, and you can check or update your status on its tenant-based voucher page. The voucher office number is 612-342-1480.
- County HRAs and city housing authorities run vouchers across the rest of the state. If you could live in more than one county, get on more than one list.
Agencies set their own opening dates and selection methods, so watch each agency’s site. Keep every confirmation and update your contact information through the agency’s portal.
Bring It Home: Minnesota’s own voucher
Bring It Home is a statewide rental assistance program paid for with state appropriations and a metro-area sales tax, according to Minnesota Housing. It serves Minnesota residents who are cost burdened, including people experiencing homelessness, with incomes at or below 50 percent of area median income, and it gives priority to households below 30 percent of AMI that include children.
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Local program administrators, usually the same HRAs and housing authorities that run Section 8, or Tribal entities and nonprofits where needed, hand out the assistance. The subsidy generally covers the gap between rent and 30 percent of household income. One catch: households already receiving federal Section 8 assistance are not eligible for the tenant-based version.
Federal program basics
For a federal voucher, HUD’s rules govern rent and inspections. 24 CFR 5.628 sets your share at the greatest of 30 percent of adjusted monthly income, 10 percent of gross monthly income, or other listed floors. Choosing a unit priced above the payment standard is allowed, but 24 CFR 982.508 caps your starting share at 40 percent of adjusted monthly income.
The agency inspects before move-in and at least biennially (24 CFR 982.405), and reviews your income at least once a year (24 CFR 982.516). Portability under 24 CFR 982.353 generally lets you take a voucher out of state. A voucher landlord can end a tenancy mid-lease only for serious or repeated violations, violations of law, or other good cause, and only through a court eviction (24 CFR 982.310). See our Minnesota eviction process guide for the court side.
Worked example: a St. Cloud applicant
Hodan is a certified nursing assistant in St. Cloud with three children and gross pay of $2,800 a month. Using the $480-per-dependent deduction printed in 24 CFR 5.611 (HUD adjusts it every year), her adjusted income is $32,160 a year, or $2,680 a month. Thirty percent is $804.
On May 20 a property manager says the building “only rents to people paying their own rent.” Because § 363A.09 bars refusing to rent based on public assistance status, and her voucher is rental assistance under § 363A.03, subd. 47, she saves the message and contacts legal aid. Try your own figures in our Section 8 rent calculator.
Paperwork checklist
- ID for adults and Social Security numbers for everyone in the household.
- Pay stubs, MFIP or SSI notices, unemployment and child support records.
- Bank statements.
- Proof of homelessness or children in the household if you are applying for Bring It Home’s priority.
- A phone and email you will keep, and a backup contact.
Frequently Asked Questions
Is “No Section 8” legal in a Minnesota ad?
Outside the resident-owner room exemption, refusing tenants because they receive rental assistance violates Minn. Stat. § 363A.09. Minneapolis states plainly on its renter rights page that such ads are illegal there.
Can I get Bring It Home if I already have a Housing Choice Voucher?
Not the tenant-based version. Minnesota Housing says households already receiving federal Section 8 assistance are not eligible for it.
Can a landlord charge me a bigger deposit because of my voucher?
Section 363A.09, subd. 1(2), bars discrimination in the terms and conditions of a rental based on public assistance status, and a higher deposit for voucher holders is a different term. Our Minnesota security deposit law page covers deposit rules generally.
Where can I complain in Minneapolis?
The city’s renter rights page says discrimination complaints can be filed with the City’s Civil Rights Department. Outside Minneapolis, a legal aid office can explain your options under the Human Rights Act.
Your next step is to check whether MPHA or your county HRA has an open list, ask about Bring It Home if you have no voucher yet, and read our how Section 8 works explainer. Compare other states at Section 8 rules by state. This is general information, not legal advice; for help, use LSC’s get legal help page.