Minneapolis, Minn., Code of Ordinances § 12 § 244.840
Cellar space not habitable (Minneapolis Housing Code)
Operative Text
No cellar space shall be used as a habitable room or dwelling unit, except such cellar space which now, or at the time of its habitation, conformed with the applicable building code provisions regulating the use of such space. (Code 1960, As Amend., § 73.060; 78-Or-244, § 33, 11-22-77)
Minneapolis Code of Ordinances § 244.840 establishes that cellar space is generally off-limits as a place where people live or sleep. The only exception applies to cellar spaces that met the applicable building code requirements either at the time the code was adopted or at the time the space was actually occupied as a dwelling. This rule draws a clear line between underground or below-grade spaces that qualify as habitable under code standards and those that do not.
Plain English — not legal advice.
Under § 244.840, property owners and managers are generally expected to ensure that no cellar space in their buildings is rented or offered as a habitable room or dwelling unit unless it demonstrably met the applicable building code standards at the relevant time. Compliant operators typically maintain documentation showing that any below-grade space used for habitation satisfied those code requirements when the space was first occupied. Renting out cellar space that does not meet those historical code standards can expose a property to enforcement action by city inspectors.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 244.840 means that tenants living in cellar spaces that never met the applicable building code requirements may be occupying a space that is not legally recognized as habitable under Minneapolis ordinance. Tenants in this situation can raise the provision as a potential defense in eviction or rent-related proceedings, or file a complaint with Minneapolis housing inspectors to trigger a review of whether the space qualifies. Tenant-rights organizations in Minneapolis can help residents understand what options may be available when a dwelling's legal status is in question.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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