Minn. Stat. § 363A § 363A.40
RENTAL HOUSING PRIORITY; ACCESSIBLE UNITS.
Operative Text
Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section. (b) "Accessible unit" means an accessible rental housing unit that meets the persons with disabilities requirements of the State Building Code. (c) "Landlord" has the meaning given it in section 504B.001, subdivision 7. Subd. 2.Priority requirement. (a) A landlord of rental housing that contains accessible units must give priority for the rental of an accessible unit to a disabled person or a family with a disabled family member who will reside in the unit. The landlord must inform nondisabled persons and families that do not include a disabled family member of the possibility of being offered a non-disability-equipped unit as provided under this section before a rental agreement to rent an accessible unit is entered. (b) If a nondisabled person or a family that does not include a disabled person is living in an accessible unit, the person or family must be offered a non-disability-equipped unit if the following conditions occur: (1) a disabled person or a family with a disabled family member who will reside in the unit has signed a rental agreement to rent the accessible unit; and (2) a similar non-disability-equipped unit in the same rental housing complex is available at the same rent.
Under Minn. Stat. § 363A.40, rental housing landlords who have accessible units—those meeting the State Building Code's disability requirements—must prioritize renting those units to people with disabilities or families that include a disabled member. Nondisabled applicants must be told upfront that they could be moved to a non-accessible unit if a disabled person later needs the accessible one. If a nondisabled household is already in an accessible unit and a disabled person signs a lease for it, the nondisabled household must be offered a comparable non-accessible unit at the same rent, provided one is available in the same complex.
Plain English — not legal advice.
Landlords covered by Minn. Stat. § 363A.40 are generally expected to maintain a clear priority policy for accessible units, ensuring disabled applicants are considered before nondisabled ones. Before signing a lease with a nondisabled applicant for an accessible unit, compliant operators typically provide written notice that the applicant may later be offered a non-accessible unit if a disabled person needs the accessible one. When the conditions of subdivision 2(b) are met—a disabled person has signed a lease and a comparable non-accessible unit is available at the same rent—operators generally facilitate the unit transfer with the nondisabled household.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Minn. Stat. § 363A.40 establishes that disabled persons and families with disabled members have a legal priority right to accessible rental units that meet State Building Code standards. If a landlord rents an accessible unit to a nondisabled household without following the required priority and notice procedures, a disabled applicant who was passed over may have grounds to raise a violation. Tenants who believe their priority rights under this provision have been ignored can explore options such as filing a complaint with the Minnesota Department of Human Rights or consulting a tenant-rights organization familiar with disability housing law.
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 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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