A landlord in Minneapolis has a policy of not renting to anyone who has ever been convicted of a drug-related offense, regardless of how long ago the conviction occurred or whether the applicant has completed their sentence. An applicant who is a member of a racial minority group is denied under this policy. The applicant argues that this policy has a disparate impact on racial minorities and violates Minnesota fair housing law. The landlord argues the policy is a legitimate safety measure. Under the Minnesota Human Rights Act and current fair housing guidance, which of the following BEST describes the legal analysis?
Correct Answer
D) The policy may violate the Minnesota Human Rights Act if it has a disparate impact on a protected class such as race, even if it is facially neutral and not intentionally discriminatory
Under the Minnesota Human Rights Act (Minn. Stat. Ch. 363A) and consistent with HUD's 2016 guidance on criminal history screening, a blanket policy that excludes all individuals with any criminal conviction — regardless of the nature, severity, or age of the offense — can constitute a fair housing violation if it has a disparate impact on a protected class such as race. Because racial minorities are statistically overrepresented in the criminal justice system, a blanket criminal history exclusion policy may disproportionately screen out racial minority applicants. Landlords should conduct individualized assessments rather than apply blanket exclusions. Minnesota's disparate impact standard under Ch. 363A allows claims even without proof of intentional discrimination.
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