A real estate broker in St. Cloud, Minnesota is training new agents on fair housing compliance. She explains that Minnesota has more protected classes than federal law. An agent asks: 'If a seller gives me an instruction that would violate the Minnesota Human Rights Act but NOT the federal Fair Housing Act, am I still required to refuse the instruction?' What is the correct answer under Minnesota law?
Correct Answer
A) Yes, because Minnesota licensees must comply with both state and federal fair housing law, and state law may provide greater protections than federal law
Under the Supremacy Clause, federal law preempts conflicting state law — but state law can provide greater protections than federal law without being preempted. The federal Fair Housing Act explicitly states that it does not preempt state or local fair housing laws that provide equal or greater protection. Minnesota licensees must comply with both federal and state fair housing law. If a seller's instruction violates the Minnesota Human Rights Act (Ch. 363A) — even if it does not violate the federal Fair Housing Act — the licensee must refuse to follow it.
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