Rochester, Minn., Code of Ordinances § 7 § 7-9-19
Prospective tenant background investigations (Rochester Housing Code)
Operative Text
(a) The common council has determined that there are persons residing in rental property in the city engaging in disorderly conduct which results in a hostile environment for other citizens living in or close to the rental property. It is the declared purpose and intent of this section to protect and preserve the city's neighborhoods and the public health, safety, welfare and morals of its citizens by providing a system at the local level for criminal history/background investigations of prospective tenants. (b) Any owner of rental property may request that the police department conduct a criminal history/background investigation of a prospective tenant as provided under section 2-12-3 . Such request shall be on a form approved or provided by the police department. The applicant shall pay an investigation fee as established by resolution of the common council.
Rochester, Minn., Code of Ordinances § 7 § 7-9-19 establishes a voluntary system that allows rental property owners to request criminal history and background investigations of prospective tenants through the city's police department. The provision reflects the Rochester Common Council's stated goal of protecting neighborhood safety and public welfare. Any such request must be submitted on a police-department-approved form, and the requesting party is responsible for paying a fee set by the Common Council.
Plain English — not legal advice.
Under Rochester, Minn., Code of Ordinances § 7 § 7-9-19, participation in the background investigation program is optional, not mandatory — compliant operators who choose to use it submit requests on the form approved or provided by the police department and pay the applicable investigation fee as established by council resolution. Operators who use this program consistently and uniformly for similarly situated applicants are generally better positioned to demonstrate non-discriminatory screening practices. Keeping records of when and how the program is used, and applying it evenhandedly, is a common practice among property managers who rely on this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Rochester, Minn., Code of Ordinances § 7 § 7-9-19 gives landlords the option — but not the obligation — to request a police-conducted background check on prospective tenants, meaning not every landlord will use this process. Tenants and applicants should be aware that even where this provision applies, fair housing laws and anti-discrimination protections remain in effect and may limit how criminal history information can be used in rental decisions. Those who believe a background check was used in a discriminatory or improper manner may wish to contact a local tenant-rights organization or a fair housing agency to understand available options.
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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