A Guide to Public Housing in Minnesota

PHAs look at different things to see if you are eligible to live in public housing.  Some of these are

• your income level
• citizenship status
• criminal background
• drug and alcohol use

If you are eligible to live in public housing, you don’t automatically get in.  Most public housing programs have waiting lists, some very long.  Sometimes a PHA will close its waiting list and won’t even take new applications.  The PHA who runs the public housing in your community sets guidelines to decide how people are chosen from the waiting lists when new units open up.

The people you live with are your household or family. The PHA will look at the things listed above for everyone in your household.  A household can mean many things

• It can be just you
• It can be a group of people
• The group does not have to be related by blood or marriage
• You don’t need to have children together
• The family can have children or not
• In some cases, if you are under 18 and living alone, you can be the head of your household even though you are a minor

The PHA uses your household size to decide what unit to put you in.  See the “Occupancy” section in this chapter for more information.   

To qualify for public housing, your yearly household income has to be 80% or less of the median income of your area.

To figure out your household income, add together the income of everyone over 18 who will be living in your public housing unit. Income is money you get from a job (earned income) and money you get from public assistance or SSI (non-earned income). Non-earned income you get for children under 18 is also counted as household income.

Then compare your household income to the median income level where you live.  The median income of your area is set by HUD and updated every year.  Whether your income qualifies for public housing depends on where you live and how many people are in your household.

To check median income amounts for your area and household size, go to https://www.huduser.gov/portal/datasets/il/il2021/select_Geography.odn

• Scroll down and click on the brown box “Click Here for IL Documentation”
• Select Minnesota
• Select your County
• Click “View County Calculations”

The chart shows you the income limits by the number of people in your household.  You must be 80% or under to qualify for public housing.  Some PHAs use other percentages to place people too. There is no minimum income requirement.  Even if you have no income, you can still qualify, if you meet the other requirements.

You must be a citizen or have legal immigration status to qualify for public housing.  You are a U.S. citizen if you were born in the United States or one of its territories or possessions, or you became a U.S. citizen through a naturalization process.

Other legal immigration statuses that qualify for public housing are

• Permanent resident
• If you entered before January 1, 1972 and were deemed lawfully admitted for permanent residence by the U.S. Attorney General
• Present in the U.S. as a refugee or an asylee
• Paroled into the U.S. as the result of an exercise of discretion by the U.S. Attorney General
• Lawfully present as the result of a withholding of deportation or withholding of removal
• Agricultural worker in the U.S. before January 1, 1982 and admitted for permanent or temporary residence under provisions for “amnesty.”
• Valid T visa applicant

The PHA will check the immigration status and social security numbers of everyone you declare in your household.  You have to show official documentation of the immigration status of all household members under 62.  Anyone 62 years or older, only has to show documents proving their age.  PHA will check your documents using a computer system run by the United States Citizenship and Immigration Service (USCIS). 

If your household has some people that do NOT have legal status and some that do have legal status, this is called a “mixed family.” Mixed families may still be able to live in public housing.  If anyone in your household is undocumented, you should say they are not eligible for public housing.

You have to tell the PHA that the undocumented person is living with you.  They will be added to the lease. You can ask to have “pro-rated housing assistance.” Pro-rated housing assistance means that the amount of rent you pay for other family members will be subsidized, but the part of rent for anyone not eligible is not subsidized. The PHA calculates the rent using its flat rent figure for the unit. If you have problems with the rent calculation call legal aid at 1-877-696-6529. 

The PHA uses your household size to decide what unit (apartment) you can live in. PHAs have units of different sizes.  HUD allows PHAs to set their own occupancy rules. But they have to follow the same rules that apply to all rental housing in the area.

Occupancy rules say how many people can live in a certain sized unit.    Different cities and counties may have different occupancy rules. New applicants and anyone living in public housing who wants to add another household member has to follow occupancy rules.

Things that can change how many people can live in a unit are

• the size of the bedrooms
• the square footage and layout of the apartment
• age of the children and
• the capacity of the building’s septic and sewer systems.

PHAs have very few units of housing for large families and most PHAs don’t have enough large apartments.  But there are ways that large families can live in smaller apartments.

For example: You can put several children in one bedroom.  Babies can sleep in the same room as their parents.  Brothers and sisters can share a room.  Rooms that are not bedrooms, like a den or living room can be used as sleeping areas if it is allowed by the occupancy rules.

Overcrowding

Public housing leases say that if changes in your household affect the size of the unit you can live in, you agree to move when an appropriate-sized unit is available.  Some PHAs may have a policy to speed up a move to another unit when a household wants to add a member.  The PHA may refuse to let you add adult family members if it means your unit will be overcrowded.

Children and Seniors

The PHA can put age limits on certain buildings, if approved by HUD.  Any age limits have to be written in the PHAs policies.

For example, the PHA policy says the building is “55 plus” so at least 1 person in the household has to be 55 or older.  The PHA policy says the building is “62 plus” so everyone in the household has to be 62 or older. 

Convictions for Meth Production

If you were convicted for methamphetamine production on public housing property you can’t live in public housing.

Sex Offenders

If you or a member of your household has a lifetime sex offender registration requirement, your application will be denied.

Other Criminal History

Each PHA has its own rules about admission and criminal history.  Check the rules for the PHA you are applying to if you have a criminal record.  The fact that you have been arrested is not evidence of criminal activity. The PHA must have evidence to deny your application for criminal history.

If you want copies of your criminal records or think you need to fix mistakes, see the section on Tenant Screening reports in Chapter 3.  If you think you might be able to expunge (erase) things from your record, read Criminal Expungement in Minnesota: A Step-by-Step Guide for Pro Se Petitioners.

Drugs

Current users of illegal drugs can’t live in public housing.

If you had drug problems in the past but got treatment, you may be able to live in public housing.

The PHA can ask you to sign a release to get information from drug abuse treatment centers IF

• they ask everyone who applies to sign one

OR

• you have a criminal record that shows arrests for drug activity or a rental history that shows property destruction, violence against another person, or other things of concern.  

The PHA may only ask treatment centers “yes or no” questions.  These questions MUST only be about if you are using drugs now.  PHAs CAN’T get files, documents or other information from the treatment centers.

Anyone evicted from public housing for drug-related criminal activity is not eligible for public housing for at least 3 years. This means everyone from the evicted household, not just the person arrested or using drugs. PHAs can set different time limits for how long you have to wait to apply for public housing after a drug-related eviction. Check the PHAs written policies for their time limits. 

Note for Minneapolis: You are not eligible for public housing in Minneapolis for 5 years after an eviction for drug-related criminal activity.

PHAs can take certain things into account when someone has a drug-related eviction from public housing on their record like

• treatment or rehabilitation of the drug user.  If you have gone through a treatment or rehab program, get a letter or document from the treatment facility, showing you successfully completed the program. You do not need to provide the PHA with your file from the treatment center.
• a big change in your household that shows the reason for the eviction won’t happen again. For example: if the person from your household who was responsible for the criminal activity is in prison or dead. 
   

Alcohol

The PHA can deny your application if it has a “reasonable cause” belief that you or anyone in your household is currently abusing alcohol. The PHA has to show that the alcohol abuse threatens the health, safety or peaceful enjoyment of the property by other tenants.

If you had alcohol problems in the past but are now sober, you may be able to live in public housing. The PHA may want proof.

Most PHAs have a process that includes filling out an application and going to an interview.  You can get an application from your PHA office.  Some PHAs have online applications.  Contact your local PHA for more information on their process. PHAs and their contact information can be found on HUD’s website:  https://www.hud.gov/sites/dfiles/PIH/documents/PHA_Contact_Report_MN.pdf

Note: All PHAs have Policy Manuals.  Many are online.  You can ask a PHA for a copy.  They can be hard to read but have ALL the rules that the PHA follows and that residents have to follow.  It can be helpful to get a copy and see what the PHA asks in interviews and what you need to apply.

Many PHAs have very long waiting lists and sometimes more than one for the different people applying ((families, seniors, disabled).  The waiting lists can be closed and only let new people apply at certain times. 

Application Process

A typical application process will include these steps. 

1. Get the application from the PHA.  You may be able to get the application in person, by mail or online. Contact your PHA to find out.
    
2. Fill out the application. It is sometimes combined with a Section 8 Voucher application.  Make sure you fill out every part.
   • All adults in the household have to sign the application
   • The application is not complete until you get all the extra documents they ask for like rental history, reference letters, or other verification like employment, bank accounts, immigration status
      
3. Submit your application to the PHA.  You can do this in person or by mail. Some PHAs use an online application. If you can’t fill it out online because of a disability, ask for an accommodation to submit your application differently.
    
4. The PHA reviews your application to see if you seem eligible.   They ask you for more information if needed.
    
5. You are put on the waiting list if you seem eligible.  You get a letter telling you how long the waiting list is and when you will have your eligibility interview.
    
6. If you move or your household changes, you have to tell the PHA.  It is best to tell them about any changes in your application in writing. 
   
   The PHA usually contacts you every year to see if you still want to live in public housing.  They also check your current contact information. If they can’t find you, your name is taken off the waiting list.  If you move or get a new number, give the PHA your new contact information.
    
7. When your name is close to getting off the waiting list, the PHA will
   • Bring you in for an interview
   • Review your entire application
   • Contact previous housing providers
   • Ask for additional information they need and
   • Make their final decision
      
8. If they decide you are eligible, you might be brought in for a new tenant meeting.  They will offer you a unit when one becomes available.

• A friend or advocate can help you fill out the application and answer questions.  This person can go to any interview or meeting you have during the application process.
• If you have trouble understanding English, the PHA must provide you with an interpreter.  The PHA pays for the interpreter. 
• If you have a communication disability, the PHA must provide you with an interpreter.  The PHA pays for the interpreter.
• If you have a disability that makes it hard for you to do things in the application process, the PHA must make reasonable accommodations for you.  A reasonable accommodation is when the PHA makes a change in the rules, policies or practices to allow a person with a disability an equal opportunity to apply for public housing. 

For example: if your disability makes it hard for you to go to the PHA office for interviews, the PHA could accommodate you by doing the interviews in your home. 

There are certain questions the PHA has to ask every applicant. 

1. Your name, birth date and social security number
2. The name, birth date, and Social Security number for everyone in your household. If you do not have a Social Security number for a child younger than 6, the PHA has to give you 90 days to get verification of the child's number.
3. Proof of income for everyone in your household
4. Proof of U.S. citizenship or legal immigration status of every person in your household under the age of 62.  If you have household members who do not have legal status see the earlier section “Immigration Status and Public Housing."

You have to sign releases so the PHA can check the information you give them. 

Note:  HUD has direct access to information about any money your household has earned.  They give this information to the PHA each year.  The PHA compares the information with what you put in your application, so be complete and honest in your answers. 

The PHA may also have you sign a release so they can talk to your employer or the public assistance agency you get benefits from. 

If you are an immigrant under the age of 62, with legal immigration status, your immigration status will be checked with the U.S. Citizenship and Immigration Service (USCIS).

IMPORTANT:
Be honest!  Your application can be denied if you lie and put in information that you know is not true. 

The PHA may ask for

• A list of past addresses and/or landlord references for all household members
• If anyone has ever been evicted
• Permission to get copies of your credit history reports
• Tenant screening information
• Fingerprints
• The criminal records for every adult in your household

Different PHAs can ask different things. You can find details about what the PHA will ask in its written policies.  Ask to see their Policy Manual.

Past Addresses and References

Each PHA has written policies that say how much rental history they will ask for.  The PHA contacts your previous landlords to check when you lived there and ask what kind of tenant you were.

Most of your past addresses show up on a tenant screening report. Try to be complete with answers on your application. If you are unsure about a name or date tell the PHA.

The PHA can’t use past or current homelessness as a reason to deny your application.  But it can ask for references from any shelters you stayed at.

The PHA can only ask you for reference letters if it is in their written policy.  Tell anyone who writes you a reference letter to write things like: you follow lease rules, keep your apartment clean, and get along well with your neighbors.

Evictions

The PHA can check court records to see if you have any evictions on your record.  Be honest when answering these questions on your application. If you can’t remember dates or addresses, check the court website https://www.mncourts.gov/Access-Case-Records.aspx

If you can’t find your records, answer the best you can and state that you are not sure about the details.

Credit History

The PHA may ask you to sign a release so it can get a copy of your credit history report.  If you don’t know what is on your credit history report, you should get a copy.  It’s a good idea to get a copy every year to check for mistakes.

Credit reports list all your addresses for the last 7 years.  PHAs can use credit reports to check if you have written down all your past addresses on your application.  Sometimes a credit report has mistakes like the wrong address or it lists the wrong date for an address.  Make sure to get these mistakes fixed on your credit report.  Be ready to explain the mistakes to the PHA.

To fix a mistake on your credit report, see our fact sheet Credit Reports. 

You can get a free copy of your credit report once a year. Do NOT get your free annual credit report from anywhere else! There are many scams out there.

• You can ask for it online at www.annualcreditreport.com
• You can call 1-877-322-8228.

Or you can send in a written request. Write a letter or create a Credit Report Request letter online. Go to https://www.lawhelpmn.org/forms

• Scroll down to “Debts, Fees and Deposits”
• Click on “Credit Report Request”

PHAs can also use tenant screening agencies to find out about you.  They can’t ask you to pay for a tenant screening report. A tenant screening report has information like

• If you have eviction cases against you
• Your past addresses
• What old landlords say about you
• Your credit to see if you have any unpaid bills
• If you have a criminal record

It is a good idea to see the information on your tenant screening report. Sometimes they have wrong information about you.  You have a right to a copy of your tenant screening report. But there may be a small fee. It depends on the agency. If the PHA uses a tenant screening report to deny your application, you have the right to a free copy from the agency providing the report.

If you think your screening report has things that are wrong, the tenant screening agency has to investigate your claims. 

The tenant screening company must fix incorrect information in a tenant screening report.

1. Write a letter to the screening agency saying what facts are wrong.  The more detail you give, the better.  For example, if an eviction in the report does not belong to you, tell them where you lived when the eviction was filed.  Keep a copy of your letter.
    
2. The agency must check every fact you say is wrong. They can’t charge you for doing this. They must fix your report and take out any facts they can’t prove within 30 days of getting your letter.
    
3. The agency can refuse to check if you don’t give them enough information.  They have to tell you if they refuse to check.  If that happens, send another letter giving them more details.
4. When the agency is done checking, they have to give you a copy of your new report or tell you they did not find any mistakes.
    
5. You can have the tenant screening agency send the fixed report to everyone who got the report with mistakes in it in the last 6 months.
    
6. If you disagree with the investigation, you can add a “dispute statement” to your report. The agency can limit your explanation to 100 words. In the statement, you say why you disagree with facts in the report. The agency has to send this statement to new landlords. If you ask, they also have to send it to any landlords who got your report in the last 6 months.

For more information about tenant screening agencies or reports see fact sheet Tenant Screening.

Some PHAs require fingerprints. It has to be written in their policy if they do. You can’t be charged for fingerprinting.

You have to sign a release before the PHA can get your criminal records from the FBI and other agencies in the U.S. The PHA may also ask for a release from every adult in your household to get their criminal records.  The PHA can’t charge you for the cost of getting your criminal records. The PHA can’t tell you to get your own records from the police.

You have the right to see your FBI and other criminal records the PHA uses. If the PHA is going to deny your application because of your criminal records, they have to send you a copy. The PHA has to give you a chance to fix any mistakes in your criminal record or say why it is wrong or not important BEFORE the PHA makes its final decision on your application. 

Your criminal records are kept at the Courts, the Bureau of Criminal Apprehension (BCA), and other law enforcement agencies like the local police department. They are sometimes also collected and kept by private companies.

How to find them

• Minnesota Court Records Online (MCRO) lets you search for court cases by person name, business name, attorney name, case number, and other details. It also gives access to case details and the public documents available online in each case. The database can be found here: https://publicaccess.courts.state.mn.us/
   
• Public documents in civil commitment, domestic abuse, harassment, delinquency felony 16+, and Child in Need of Protection or Services (CHIPs) cases are not available on MCRO.  Access to documents in MCRO filed prior to July 1, 2015, is limited. You may need to contact local court administration for more information about these documents. More information and frequently asked questions about MCRO can be found here: https://www.mncourts.gov/Access-Case-Records/MCRO.aspx
   
• There is no charge for documents accessed and downloaded through MCRO.
   
• The Bureau of Criminal Apprehension’s (BCA) website https://dps.mn.gov/divisions/bca/ has records of criminal cases that led to a conviction. Data on criminal convictions is public for 15 years following the completion of the sentence. You can view public criminal history records by searching the BCA website. You will need a first name, last name, and date of birth for the search. You can also visit BCA headquarters to view public criminal history records at a public terminal located in the BCA’s lobby.
   

• You can get a full (public and private) criminal history record from the BCA in two ways

  By mail: Send a signed and notarized Informed Consent form to the BCA. Call the BCA at (651) 793-2400 and ask that a copy of the Informed Consent Form be mailed or faxed to you. Fill it out and send it with a personal check, money order, cashier's check, certified check, or business check for $15 made payable to the BCA. Include a self-addressed, stamped envelope. Send the request to
  Minnesota Bureau of Criminal Apprehension
  Minnesota Justice Information Services - CHA Unit
  1430 Maryland Ave E
  St. Paul, MN 55106

  In person:  Bring a notarized and signed Informed Consent Form. Also bring a large manila envelope and $15 (this can be cash, personal check, money order, certified check, or business check). You can pick up the requested criminal history record at the BCA in three business days. The BCA headquarters is located on the southeast corner of Maryland Avenue and Phalen Boulevard in Saint Paul. The phone number for the BCA is (651) 793-2400.
   

• If you are looking for arrest records, go to the police department where the arrest happened. You can only get arrest records if the case is closed. 
   
• Your records with private companies may be available online depending on the company. You need to check with them.
   
• If you are looking for a record of a case from another state, contact the court where the case happened.

Criminal records that are unclear or wrong can show up on a tenant screening report. For example

• a tenant screening agency shows that you have a conviction for a misdemeanor, but it was really a petty misdemeanor
• a charge should have been dismissed after you did a treatment program is not showing up as dismissed with the tenant screening agency
• criminal records you got expunged still appear on your tenant screening report.

If the tenant screening report has wrong information about your criminal record, and you don’t have time to fix it, give a copy of your criminal records to the PHA.

Mistaken or stolen identity can make things show up on your criminal record that you didn’t do.  Try to show the PHA that it was not possible for you to have committed the crimes. Can you prove you were living in a different place when the person was arrested or in jail?  Leases, utility bills, or work history can show that you were not in the place where the criminal activity happened.

The PHA may ask you about arrests and the reasons for the arrest.  However, your application can’t be denied just because you were arrested. The PHA must have more evidence of criminal activity or some other negative information to deny your application. Answer all questions about your criminal history honestly. If you have trouble remembering exact dates, say so on your application.  You may also want to go to the courthouse or police station and get a copy of your criminal history to use when answering these questions. 

There are things that the PHA can’t ask you because it is illegal. If the PHA does any of these things contact Legal Aid at 1-877-696-6529 and get advice right away.

It is illegal for the PHA to ask you

• if there are things you can’t do because of a disability
• if you are able to “live independently”
• if you have ever been hospitalized and why
• if you have ever been in a drug treatment or rehab program
• to take a drug test
• to sign releases to get drug treatment or rehab records
• what medications you are taking
   

Disabilities

If you are applying to live in housing for people with a specific disability, the PHA can ask if you have that disability. They can’t ask you anything about the cause or nature of your disability.

For example, if you are applying for housing only for people in wheelchairs, the PHA can ask if you use a wheelchair. But the PHA can’t ask you why you use a wheelchair. 

Drug Use

The PHA can ask you to sign a release to get information from drug treatment or rehab programs IF

• they ask everyone who applies to sign one

OR

• you have a criminal record with arrests for drug activity or a rental history with property destruction, violence against another person, or other actions that would interfere with your neighbor’s peace.   

The release only allows the PHA to ask the treatment program if they think you are using drugs now.  The PHA CAN’T ask for records, documents or other information about your treatment or diagnosis.

Medications

The PHA can ask you how much money you spend on medications each month.  This information is used to figure out your expenses and set your rent.  But the PHA can’t ask you what medications you are taking.  If you give the PHA a list from your pharmacy showing the prices of your medications, you can black out the names of your medications for your privacy.

Federal law makes it illegal for a PHA to treat you or your family differently based on

• race
• color
• religion
• sex
• familial status (having children under 18 in your household)
• national origin
• disability
• sexual orientation

Minnesota law follows federal law AND also makes it illegal for a PHA to treat you or your family differently based on

• creed (beliefs)
• marital status
• getting public assistance (including MFIP, GA, SSI, SSDI, or EA)

If you think someone has discriminated against you and you have a low income, call legal aid at 1-877-696-6529.  See our fact sheet H-6 Housing Discrimination.

You can also look for help from government agencies that enforce housing discrimination laws. 

Chicago Regional Office of Fair Housing and Equal Opportunity (FHEO)
U.S. Department of Housing and Urban Development
Ralph H. Metcalfe Federal Building
77 West Jackson Boulevard, Room 2101
Chicago, Illinois 60604-3507
(312) 913-8453 
(800) 765-9372
Report housing discrimination here: 
https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint

Housing and Urban Development
212 Third Avenue South, Suite 150
Minneapolis MN 55401
Phone: (612) 370-3000
TYY: (612) 370-3186
https://www.hud.gov/states/minnesota

MN Department of Human Rights
540 Fairview Avenue North  
Suite 201
St. Paul, MN 55104
Phone: (651) 539-1100 or 1 (800) 627-3704
TTY: 1 (800) 627-3529
https://mn.gov/mdhr/

Sexual harassment in housing is illegal too.  If a PHA or their employee makes unwelcome sexual advances, demands sex or sexual favors, repeatedly uses words or acts of a sexual nature, rapes or sexually assaults you have the right to be protected.  See our fact sheet H-24 Sexual Harassment in Housing and call legal aid at 1-877-696-6529.  If you are in danger call 911.

If your paperwork is incomplete or the PHA asks you for information and you don’t get back to them, they treat your application as withdrawn.  They stop reviewing it.  Tell the PHA if you move or get a new phone number!  If they send something and don’t get it because you moved, your application can be withdrawn.

If your application is withdrawn, but you want to continue to apply, call the PHA right away and ask them to restore your application to its original date, or “reinstate” it.  Ask in writing and keep a copy for yourself.  Each PHA has rules in their policies about time limits or how many times an application can be reinstated.

Note for Minneapolis: In Minneapolis, you can only reinstate your application once and it must be within one year after the application was withdrawn.

The PHA looks at all the information they have about you from the application process.  They check all the information to see if you qualify for public housing and would be a good tenant.  The PHA decides to accept or deny your application to live in public housing.

Sometimes it takes a long time for the PHA to make a decision.  If your application is denied, the PHA has to tell you in a “reasonable” amount of time. Some PHA’s have a time limit for making a decision. You can check their Policy Manual. If the time limit has passed and you didn’t get a decision, call Legal Aid at 1-877-696-6529 for advice. The PHA has to tell you its decision in writing.  They can’t just call you on the phone.  The letter will tell you what happens next and if you need to do anything.   

If you are denied, the letter has to give you the reasons why you were denied and tell you how to appeal that decision if you want to.  

If your application for public housing is denied, the PHA has to tell you in writing.  They have to tell you the reasons you were denied and what to do if you want to appeal their decision. An appeal is when you ask the PHA to look at your application again because you think they were wrong to deny your application.

If you want to appeal the denial of your application, send a written request for an appeal hearing (often called a grievance hearing).  Do this right away! The denial letter will tell you how much time you have to ask for a hearing. Once that time has passed you lose your right to appeal. The letter should come with a form you can fill out to ask for the hearing.  If you didn’t get a form, ask the PHA for one or write a letter saying that you don’t think your application should have been denied and you want a hearing. 

Minneapolis: 
Common reasons for denial from MPHA include

• currently or previously being trespassed from any MPHA property for the last 3 years
• head of household can’t get utilities in her/his name
• having an active bench warrant
• recent criminal history
• poor rental history
• providing incorrect information on your application

If the PHA finds out something about you that they think wouldn’t make you a good tenant that is called negative information. The PHA can’t automatically deny your application because you have negative information in your application.  Negative information can be past criminal activity, drug use, or other issues at your past addresses.

When there is negative information in an application, the PHA has to look at “mitigating circumstances”.  Mitigating circumstances are things that can explain the negative information or show that it won’t happen again. 

For example: A former landlord complained about the behavior of your son in his reference letter.  The PHA could use this as a reason to deny your application.  But if your son doesn’t live with you anymore, that is a mitigating circumstance you can explain to the PHA. 

If the negative information is criminal activity, tell the PHA about anything you do to make sure you don’t commit crimes anymore. If you did treatment, counseling, or joined a community support program, you might have a better chance of approval by the PHA. 

If the negative information is about past drug or alcohol use, tell the PHA about what you are doing to stay sober. If the PHA wants proof, get a letter from your treatment or rehab center saying that you have finished a program. You do not need to show them your records from the treatment or rehab center.

If the reason you are denied is because of your disability, you have the right to ask for a change in the policies or process. This is called a “reasonable accommodation.” The notice of your denial tells you how to ask for one. Ask for a reasonable accommodation in writing and keep a copy of the request for your records.

To get a reasonable accommodation, you have to show the PHA how the negative information they used to deny your application was related to your disability.  You need to show

• what your disability is
• how it is connected to the problem
• what you will do to make sure the same problem doesn’t happen again.

For example: the PHA finds out you were evicted in the past because you didn’t pay rent on time.  They deny your application.  If your rent was late because you were in the hospital because of your disability or your income went down because your disability kept you from working, then you could ask for a reasonable accommodation.  You must show that you will be able to pay your rent on time in the future.  See our fact sheet Do You Need Your Landlord to Make a Change Because of Your Disability? (Reasonable Accommodations).

The federal Violence Against Women Act (VAWA) protects victims of domestic violence, dating violence, stalking and sexual assault.  It is illegal for a PHA to deny your application for things that happened because you or someone in your household is a victim of domestic violence or sexual assault.

Tell the PHA if the reason your application was denied was because of domestic violence or sexual assault. You may have to give them proof that you or your household member were a victim at the time.  The PHA can’t make you get an Order for Protection (OFP) to approve your application.

For example: The PHA denies your application because there was property damage at a place where you used to live. The damage happened because your partner punched holes in the walls and threw things when they were mad at you. Tell the PHA and show them any proof, like a police report or court case, that you are a victim of domestic violence or sexual assault.

See our fact sheet Subsidized Housing Rights for Victims of Domestic Violence and Sexual Assault.

If your application was denied, your letter from the PHA has to tell you about

• your right to a hearing at the PHA
• the rules of the hearing
• the deadline to ask for the hearing AND
• how to ask for a hearing

You have to ask for a hearing in writing. Keep a copy for yourself.  Act fast when you find out you have been denied. The time frame to ask for a hearing is very short.

Contact Legal Aid at 1-877-696-6529 right away if you want help!  

• Make sure you have a written notice from the PHA saying why you were denied.  The PHA has to tell you specific reasons so you can respond to them. If you don’t understand their reasons, call Legal Aid 1-877-696-6529.
   
• You have the right to get a copy of the rules for the hearing so you know what the process will be and can prepare. 
   
• Look at your application file and all of the information the PHA used to make its decision.  You have the right to get copies of the information in the file.  The PHA might charge you a reasonable fee for the copies.  Any information that the PHA does not show you can’t be used in the hearing.
   
• If you have a disability you have the right to ask for a reasonable accommodation if you need it to be able to fully participate in the hearing.
   
• If you don’t read or speak English well, tell the PHA you need an interpreter.  The PHA has to pay for the interpreter.
   

Your rights at the hearing

• You can have an advocate with you.  Your advocate can say things during the hearing to help you present your case.  Your advocate can be anyone that you want there to support you like a friend, lawyer, or social worker.
   
• The hearing officer or panel is objective.  The hearing officer or panel members deciding your appeal can’t be the same PHA employee that made the decision to deny your application. The hearing officer or panel members can’t be someone supervised by the PHA employee either.
   
• You can ask the PHA employee questions about their decision to deny your application.
   
• You can ask the PHA employee questions about the information they used from your application and how they made their decision.
   
• You can show documents that prove you are eligible for public housing and correct any information about you in your application that is wrong.  Check the hearings rules to see if you need to share these documents before the hearing.
   
• You can bring witnesses to correct wrong information or say why you should be able to live in public housing.  Check the hearings rules to see if you need to share the names of your witnesses before the hearing. 

• You have the right to a decision based only on information presented at the hearing. The hearing officer or panel can’t do any investigation on their own before making their decision.
   
• You have the right to a written decision by the hearing officer or panel.  The PHA’s written policies tell you how long the hearing officer or panel can take to make their decision.
   
• You have the right to a decision that says the reasons for their decision and the specific evidence from the hearing that was used to make their decision.  The decision has to be more than ‘application approved’ or ‘application denied’.
   
• If you asked for reasonable accommodations, the written decision has to talk about the hearing officer’s decision about that request.  Their reasons for their decisions and the evidence they used to make the decision. A reasonable accommodation can be denied if
  • the PHA would have to make too big a change to its program
  • It would be too much of an unnecessary burden on the PHA
  • The change is not needed for you to have an equal chance to use and enjoy the home
  • It poses a direct threat to safety. 

Yes, in some cases.  But you need help from a lawyer to file the case in court.  If you want a court to review the PHA’s hearing decision, call Legal Aid at 1-877-696-6529.  You need to act quickly! The deadline to bring a court case is very short. If you miss the deadline, you can’t do anything about the hearing decision. 

Yes. PHAs have policies about how long you have to wait before you can reapply after you have been denied.  If you plan to reapply, try to fix some of the reasons you were previously denied.

For example: If you have evictions on your record see if they can be expunged (taken off your record). If you don’t have a good rental history, try to find a past landlord that can write you a reference. If you have had problems with drugs or alcohol, find a community support program that can help you stay sober. 

Minneapolis: In Minneapolis, you can apply again 6 months after the date on your denial letter.

When the PHA accepts your application, you are shown a unit if one is available, or you are put on a wait list.  Check the PHA’s Policy Manual to see how people move off the waiting list and into a unit.  It can be by date of your application or by preference or both.

Some PHAs use “preferences” to decide where you are on the waitlist. If you qualify for preferences, you can spend less time on the waiting list and get into housing sooner. Look at the PHA’s Policy Manual to see if they use preferences. They can be things like

• being a resident in the same area as the PHA
• being in a working, disabled or elderly family
• not being able to live in your current housing because of a disaster, government action, the landlord’s actions (like a rent increase) or domestic violence
• living in unsafe housing
• being homeless
• paying more than 50% of your income in rent

The PHA tells you which preferences you qualify for.  If you are denied a preference you think you qualify for, you can file a grievance with the PHA. Read about the grievance process in Chapter 8.

The PHA sends you a written notice when they have an available unit and you are at the top of the waiting list. The notice offers you the public housing unit. There is a deadline for you to accept the unit. Don’t miss the deadline! Remember to tell the PHA if you move or have a new phone number so you don’t miss out.

The PHA shows you the unit they have available. If you don’t want to live in the one they show you, you are put back on the waiting list until a new unit is ready. Check the PHA’s Policy Manual to see where you go on the waitlist. You might stay at the top and be offered the next unit they have available, or you go to the bottom of the waitlist and have to wait a long time to be offered another unit.  Some PHAs take you off the waitlist if you refuse all the units they offer.  

There are 3 different types of rent in public housing: income based, minimum and flat rent.

Income based rent is when you pay about 30% of your household’s yearly income for rent. 

If you think that the PHA is wrong in how much they want you to pay in rent, ask to see how the rent was calculated.  You can also file a grievance with the PHA.  Ask to see their grievance process and follow the instructions.  You can contact Legal Aid for help at 1-877-696-6529.

There is a rent calculation worksheet in the documents section of this resource.  It might be helpful to look at it as you read the following section.

Your household income is the income of all the people you live with added together. 
Income means

• Wages and salaries
• Public assistance (including MFIP)
• Social Security benefits
• Unemployment insurance
• Disability payments
• Child support and spousal maintenance (alimony)
• Interest from bank accounts
• Retirement benefits

The PHA figures out your household income when you move in and at least once a year after that.

PHAs might check income and rent every 3 years for people that get a set income from SSI, SSDI, RSDI, Social Security, or from federal or state pension plans. The PHA must show its policy in writing. 

The PHA uses deductions when figuring out your total household income.  A deduction is an amount that is subtracted from your total household income to lower the amount you pay in rent. These include

• A deduction of $480 for each dependent in the household
• A deduction of $400 if there is an elderly or disabled person in the household
• Reasonable child care costs so that a household member can go to work or school
• Medical expenses for an elderly or disabled household member that are more than 3% of the household’s annual income
• Attendant care or apparatus expenses paid so that a disabled household member can work and are more than 3% of the household’s annual income

Some income is not counted as household income.  This is called “excluded income” or “exclusion” and are things like

• Earned Income Tax Credit (EITC) and Minnesota Working Family Tax Credit benefits
• Some types of lump sum payments like inheritances or insurance payments
• Wages of children under 18
• Wages of more than $480 per year of full-time students over 18 (except the head of household or spouse)
• Income of live-in aide, but be sure to check the PHA policy definition for live-in aide
• Food stamps (Supplemental Nutrition Assistance Program - SNAP)
• Some student financial aid benefits
• Relocation assistance provided under the Uniform Relocation Act
• Adoption assistance payments

Check the PHAs written policies to see what other income exclusions your PHA may have chosen to use.

Minneapolis: Minneapolis has a working family incentive that allows you to exclude 15% of any earned income. Minneapolis PHA also excludes – from annual income – child support payments you make through payroll deduction.

There are some other income adjustments that can save you money if you or someone you live with is working while living in public housing.  These exclusions are talked about more in the sections below.

Earned income disallowance (or disregard) means that the PHA cannot increase your rent because of the new job income right away.  If you or someone in your household gets a new job

• after being on welfare for at least 6 months
• while taking part in a job training or economic self-sufficiency program, which may include
  • employment counseling
  • work placement
  • basic skills training
  • education
  • English proficiency
  • workfare, financial or household management
  • apprenticeship
  • any program necessary to ready a participant for work
• after being unemployed or underemployed for the previous year. 

To figure out if you (or someone in your household) were underemployed, follow these steps

• Figure out if the federal minimum wage or Minnesota’s minimum wage is higher.  Find the federal minimum wage at www.dol.gov/dol/topic/wages/minimumwage.htm.  Find Minnesota’s current minimum wage at https://www.dol.gov/whd/minwage/america.htm#stateDetail
• Write down the higher amount.
• Multiply that amount by 500.  For example: if the higher minimum wage is $10.33 (which it is, as of Jan. 1, 2022, for large employers with annual revenues of over $500,000), your math would be $10.33 x 500 = $5,165.
• During the year before you got the new job, did you make less than the amount you got in the step above?  If so, you were underemployed and you qualify.

If you qualify for an earned income disallowance the PHA cannot increase your rent right away.  PHAs must adjust your rent for 2 years after the date you are hired. For almost all PHAs the disallowance works like this

• The first year your new income doesn’t count.  This means your rent is based on the old amount.
• For the second year the PHA counts only half of your income.

This 2-year period only applies to increases in income.  Your rent can still be lowered if your income goes down.

For the disallowance, “welfare” means any public assistance of $500 or more in cash from MFIP.  It can include more than monthly financial benefits such as one-time payments, wage subsidies and transportation assistance.

Minneapolis: Income disallowances work differently if you live in Minneapolis Public Housing.  In Minneapolis, the 100% income disallowance lasts for 24 months.

Incentive Programs
Federal law allows each PHA some flexibility to set deductions or exclusions for calculating rent and income.  These rules usually help residents keep more household income and encourage and reward employment.

These are sometimes called incentive programs and may let you to deduct certain expenses from your family income.  For example, if you have to pay travel costs to get to work (like bus fare) some PHAs will let you subtract that money from your income so it doesn’t count when figuring out rent.

If you have other costs or expenses because of your job, it might be a good idea to ask your PHA if they have an incentive program that applies to you.

These programs may only affect the amount of your rent for a limited period of time.  Make sure to tell the PHA about any changes in household income in writing.

Minneapolis: Minneapolis has a working family incentive that allows you to exclude 15% of any earned income.

Utility Allowance
If your lease says that you must pay for some or all of your utilities, a “utility allowance” will be taken out when the PHA calculates your rent.  Only certain utilities are covered by the utility allowance.  These utilities include electricity, water, and gas.  There is no utility allowance for telephone, cable, or internet services.

The PHA sets the amount of the utility allowance. The utility allowance is supposed to be the monthly cost of utilities based on reasonable use in a particular sized apartment.  In reality, the amount you actually pay towards utilities each month will very rarely be the same amount as the utility allowance.

PHAs must review the amount set for the utility allowance every year and make adjustments for changing costs in utility service.  If the rate for any utility raises more than 10%, then the PHA has to adjust the utility allowance, even if it is not time for the yearly review.

When figuring out your rent, the PHA subtracts the utility allowance from the rent amount.  If the utility allowance for your apartment is more than your entire rent, the result is a credit, called a “utility reimbursement.”

Sometimes the PHA pays this reimbursement to you.  Sometimes the reimbursement goes to the utility company for your bill.  This is in the PHA’s written policies.  If the PHA pays the utility company, it must send you a notice telling you the amount it paid on which bill. If the reimbursement is paid to you, the PHA may choose to pay you quarterly (every 3 months) rather than every month. The PHA must have a written policy about how it pays reimbursements.

Ask for an increase of your utility allowance if you have reasonable grounds to need one.  Usually a utility allowance increase will be allowed for the special needs of the elderly, disabled, or ill residents.  You may also get an increase if there are other factors that affect your utility usage which are not within your control.

The PHA must have a way for you to ask for an increase. You should get this information when you move into your apartment or when you get a written notice of a change in your utility allowance. If you don’t have instructions or a form, ask your PHA.   The instructions have to tell you how to ask for an increase and who you need to contact.

The PHA has rules about who can get a utility allowance increase.  The process and instructions can be found in the PHA’s written policies. 

Most PHAs review your household income once a year.  But there are times when your income will change before it is time for your annual review.  If this happens, report any changes in writing to the PHA right away.

If your income goes down, your rent will go down.  Rent reductions apply the 1st day of the month after you reported your income change.

If your income goes up, your rent might go up.  Rent increases do not apply until the 1st day of the second month after your income changed.  See “Earned Income Disallowance” on page 28.

Different PHAs have different rules about when you must report income changes.  Be sure to pay careful attention to these rules found either in your lease or the PHA’s written policies.

Examples of changes you may have to report (for all household members) include

• Getting welfare benefits or having changes in the amount of welfare benefits
• Changes in who lives in your household, including new babies
• Increases or decreases in wages or salaries
• Getting a new job

Remember, always report your household income changes in writing and make sure to date it.  Keep a copy for your own records.

Minneapolis:
The Minneapolis PHA reviews income for households on a fixed income, usually SSI or SSDI benefits, and households paying “flat rent” once every 3 years.  Even though income reviews happen less often, these households are still responsible for reporting changes in income whenever they happen.

Even though your income goes down when you lose welfare benefits, your rent might not go down.  It depends on why you lost the benefits.

If you lost benefits because

• you did not follow some of the agency’s important rules
• you committed fraud or
• you did not follow the agency’s “economic self-sufficiency” requirements

Then your rent will probably not go down even though your income has. This rule must be written in your lease by the PHA. 

If you lose benefits because you got a job or a child moved out, your income may go up, but you don’t have to pay a rent increase for a while.  See the section on “Earned Income Disallowance.” 

If you have more questions, you should contact your local Legal Services office. 

Minimum Rent
Some PHAs set a “minimum rent.”  This means that everyone has to pay at least that amount no matter what their income is.  Minimum rent is set by the PHA and the amount can be found in its written policies.  The average minimum rent for the state is $50 per month.  There can be a utility allowance with minimum rent.

Minneapolis:
In Minneapolis, minimum rent is currently set at $75 per month, but it may increase in the future.  Check the PHA policies to see what the current minimum rent is.

What if I can’t afford the minimum rent?
If the PHA has a minimum rent, they must also offer a “hardship exemption.” The PHA should tell you about this option.  If you can’t afford to pay the minimum rent, ask for a hardship exemption from the PHA right away. You want to get the hardship exemption before rent is due or an eviction complaint for nonpayment is filed. It’s always best to ask in writing and keep a copy for your records.   If you ask for a hardship exemption, the PHA will still bill you for your month’s rent, but you will not be evicted if you don’t pay.    

You may be able to get a hardship exemption if

• you lost benefits or are waiting for public benefits
• your family would be evicted because you can’t pay the minimum rent
• your family’s circumstances changed, like someone lost a job or someone died

Ask your PHA.  Each PHA may have other reasons that they will give hardship exemptions for.

A hardship exemption can be temporary or permanent.  A hardship is considered temporary if it is expected to last for less than 90 days.

If the hardship is temporary, your family will be charged the minimum rent for the time period of the exemption and the PHA will set up a payment plan for you to repay the minimum rent after the hardship has passed.

If the hardship is permanent, the exemption will last until the hardship has passed and you will not be charged the minimum rent.  You will still be responsible for paying rent based on your income.

Contact Legal Services if you have any troubles with the PHA, your hardship exemption is denied, or you are being evicted for nonpayment of minimum rent.  You can find a list of Legal Services offices in the back of this booklet.

Flat Rent
You can choose to pay a flat rent instead of an income-based rent.  When you choose this option, you will pay a flat amount of rent for the year that will not change if your income changes.  You may be able to get a utility allowance with flat rent.

If you choose to pay flat rent, the PHA must still let you switch to income-based rent if you have a big drop in your income, or some other hardship.  Look carefully at the PHA’s rules about what counts as a “hardship” and what you need to do to switch to income-based rent.

Contact Legal Services if the PHA will not let you switch to income-based rent and you can’t afford to pay the flat rent.  

The PHA can collect a security deposit from you when you move in.  This money is held to cover any damages beyond “normal wear and tear” and any unpaid rent when you move out.  The PHA’s written policies say how much the security deposit is.  Usually, it is 1 month’s rent or a set amount, like $150.  The PHA might let you pay the security deposit over time in monthly payments.  Check the PHA policy manual or ask.

Security Deposit Tips
There are steps you can take to protect yourself and make sure that you get back as much of your security deposit as possible.  When you first move into the apartment, go through it very carefully and make a list of everything that is wrong with it.  If you can, have someone from the PHA sign off on this list.  Keep a copy for your own records.  See our fact sheet Looking for an Apartment.  There is also a checklist (Move-In Inspection and Lease Addendum) you can use near the end this booklet. 

After making this list, send a written request to the PHA to fix everything that is wrong.  Again, keep a copy for your records.

Before you move out of the apartment, go back through the apartment and make a new list of everything that is wrong with it.  Have the landlord or manager sign this list and keep a copy for your records.  If you can, have someone else go through the apartment with you.  Make sure this person is willing to go to Conciliation Court if necessary.  You can use your lists as evidence in court to dispute any damages you don’t think you are responsible for.

The PHA must follow Minnesota’s laws about returning your security deposit after you move out.  You cannot use your deposit to pay your last month’s rent.  You must pay your last month’s rent as normal, and then wait for the PHA to return your deposit.  For this reason it is important to let the PHA know your current address.  If you don’t give them your new address you won’t get your money back.

When the PHA returns your deposit, they have to add on the annual interest that has been earned on it while you were living in public housing.  The annual interest rate is set by the state legislature.  More information about this can be found in our booklet Tenant’s Rights in Minnesota or our fact sheet Security Deposits.  Your deposit starts to earn interest the month after you make your final deposit payment.  So, if you made your final payment toward the security deposit in March, the deposit will begin earning interest in April.

The PHA has 21 days, or 3 weeks, after you move out and you give them your new mailing address. You have to give the written delivery instructions to start the 21-day countdown. They have to return your deposit or to send you a written explanation of why they are keeping all or part of your deposit.  The PHA may keep some or all of you security deposit to cover any unpaid rent and/or to cover the expense of repairing the apartment to the condition it was in when you moved in.

The PHA can keep your deposit to make repairs but not to make repairs for “normal wear and tear” on the apartment.  “Normal wear and tear” can be different depending on the condition of the apartment when you moved in and the length of time you lived there.

For example:  if you lived in an apartment for 3 years and when you move out it needs repainting, you could probably argue that this is “normal wear and tear” and you are not responsible for the cost.  But if you only lived in the apartment for 6 months and it was freshly painted when you moved in, this is probably not considered “normal wear and tear” and you will have to pay for the repainting.

If the PHA does not return your deposit or send you a notice explaining why it is keeping it within 21 days, send them a demand letter.  Make sure you put down the address you want the deposit sent to.  Explain why you deserve the deposit back.  Keep a copy of your letter.

You can create a demand letter online with a quick interview process.  Click here or go to LawHelpMN.org and look for “Security Deposit Demand Letter – Do It Yourself.”

If you still don’t get your deposit back you can sue.  You can sue in conciliation court for the deposit amount PLUS a penalty equal to the deposit plus interest.

If the PHA keeps your deposit in “bad faith” you can also ask for up to $500 in punitive damages.  “Bad faith” means that the PHA knew it was wrong to keep your deposit, but did anyway.

If you disagree with the PHA’s reasons for keeping your deposit, you can sue in Conciliation Court.  At court, the PHA will have to prove that it used your deposit to pay for repairs. See our fact sheet Conciliation Court.

The PHA can’t charge you extra for services like

• Utilities
• Garbage collection
• Furnished appliances
• Pest control
• Regular maintenance and repairs

You also can’t be charged for

• “Fines” for violating the lease or rules.
• Legal fees or court costs the PHA pays to enforce the lease whether you win or lose. If your lease says that you must pay these costs if you lose, and the court orders you to pay, then you can be charged.
• The cost of an interpreter at meetings with the PHA if you do not speak English or need an interpreter because of your disability. 
• Property damage resulting from domestic violence or sexual assault.  The federal Violence Against Women Act (VAWA) protects victims of domestic violence, dating violence, stalking, and sexual assault. See our fact sheet Subsidized Housing Rights for Victims of Domestic Violence and Sexual Assault.
   

The PHA can make you pay extra for the following items, but only if it says so in your lease. The PHA must give you a list of its charges if you request it.

• A security deposit equal to your monthly rent
• A late fee of 8% or less of the unpaid rent if you do not pay your rent on time.  The amount of the late fee must be in your lease.
• Excess use of utilities (when your rent includes the costs of utilities)
• A pet deposit
• Garages
• Cable TV
• Lost keys
• Reasonable costs to repair damage to your apartment that is not “normal wear and tear.”  You must get a list of what the cost of these charges will be and the list must be posted in the building. It does not matter if the damage was caused by you, someone in your household, or an invited guest.
   

The PHA can’t make you pay for damages caused by vandals or by someone you did not invite into your home.

There are legal differences between rent and extra charges.  The PHA can evict you for not paying extra charges, but only if your lease says that failure to pay these charges is a violation of the lease.  Failing to pay the extra charges is not the same as failing to pay your rent.  The PHA can’t use your rent payment to pay for extra charges and then say that you owe more rent. You can request a hearing to dispute extra charges.

Extra charges must be reasonable.  They must be set up in a way that lets tenants have a chance to give input about them when a list is created.  When a PHA wants to change the list of charges in its policies, it must give a 30-day written notice of the proposed changes to tenants, and consider written comments from them before any changes are made effective.

Tenants can also have input through a Resident Advisory Board.  See the section on Resident Advisory Boards later in this booklet. 

Who is part of a household can change for a number of reasons: children, marriage, divorce, death or other ways.  The general rule is that you need to report changes to the PHA as soon as you can. 

In some cases, you need the PHA’s approval before adding a family member.  In other cases, you do not.  But you still have to tell them about any changes. 

Adding Children
When a child is added to a household because of birth, adoption, court-awarded custody, or through a Delegation of Parental Authority (DOPA) signed by the child's parent, you do NOT need to get PHA approval beforehand.  But you have to let the PHA know the child is being added. It is a good idea to tell the PHA in writing with a date and your signature on the letter. Keep a copy for your records.

If you have problems adding children to your lease, talk to your legal aid office.

Adding Adults
Each PHA has its own policies about adding adults to a household.  The policies are there to accurately calculate household income for rent, and to screen out people who may cause problems to the health and safety of other tenants and PHA staff.  The screening policies should be the same screening policies used when you first apply to public housing, unless the law has changed since then.

The PHA should not turn down anyone because of bad credit or problems with paying rent in their past.  The things they should be looking at are things like criminal history, can the person follow the law and rules of the lease, and will they be a good neighbor.

A live-in aide or attendant can be added for an elderly, near-elderly or disabled tenant who needs help for their care and well-being.  The live-in aide does not usually have to sign a lease, but you must get permission from the PHA before they move in.  If the person they care for leaves the unit, the aide must also leave. 

A PHA might set up rules in their policies for screening live-in aides.  These screening rules will be different from the rules for other tenants since an aide does not pay rent and isn’t on the lease. 

A tenant in public housing can own pets, but the PHA can make rules about pet ownership.  The PHA can make rules like

• Making you pay a pet deposit in case your pet does any damage.  If no damage is done you get this money back.
• Limits on what size and weight your pet can be
• What kind of pet you can have. Animals classified as dangerous can be banned
• Saying you have to get a license for your pet if local laws require it
• Saying you have to prove the pet has been vaccinated and/or neutered
• Setting rules about where on the property you can take the pet

Any rules the PHA has about pets must be in its written policies and the PHA’s Annual Plan.

Assistance Animals
A “service animal” is an animal that is trained to help a person with a disability. Dogs used by those with visual impairments are called service or assistance animals.  But assistance animals can also be a variety of animals that help people with a wide range of disabilities.  For example:  companion animals for people with mental health conditions.

The PHA’s rules about pets do not apply to assistance animals. You have to care for the animal and control its behavior, but you are not required to pay a pet deposit for your assistance animal. You will probably have to give the PHA proof that your animal is an assistance animal and not a pet.  See our fact sheet Can I Keep a Pet?

Federal law says that PHAs must make sure that public housing is “decent, safe and sanitary.”  If you think there are security problems or safety issues, tell the PHA in writing and keep a copy for your records.  

If the problems are in your home, like your smoke detectors don’t work, or your locks are broken, see the following section “Maintenance and Repairs” or read our fact sheet Getting Your Landlord to Make Repairs.

Public housing residents have a right to the same public services as everyone else.  These services are things like garbage removal, police and fire protection.  If you think you are not getting the same services as people who don’t live in public housing, tell the PHA in writing and keep a copy for yourself.

What else can I do?
You and your public housing neighbors can form a formal tenant organization to work with the building manager, the PHA and the police to make your building safer.  Some examples of programs you can participate in to make your building safer include

• Crime prevention education
• Neighborhood watches
• Security patrols
• Meetings with the local police

The PHA can be sued in court if it fails to provide enough security.  The PHA also has a duty to prevent or eliminate illegal drugs from the premises.

If the PHA still does not provide enough security, there are some other steps you can take to get repairs and maintenance to your home.  These steps include

• Rent Escrow Action
• Tenant’s Remedies Action
• Court-ordered rent abatement
• Contacting your city inspections office or housing code enforcement office
• Administrative remedies through HUD (contact the Minnesota HUD office – contact information is at the end of this Booklet)
• Complaining to city or county government representatives    

If you do not know which option is the best in your situation, it is a good idea to contact Legal Services and get advice.

If you are a victim of domestic violence or sexual assault, the Violence Against Women Act (VAWA) allows you to end your lease and immediately move out without any penalty. If you don’t want to leave public housing for your safety, but want to move to a different, safer public housing unit, you need to check the PHA policies about transfers for VAWA survivors.

There is a Minnesota law about breaking your lease in domestic violence or sexual assault situations, but it does NOT apply to public housing because VAWA provides better protection. Your PHA may be confused about this and ask you to follow Minnesota law. Before you do, you should talk to a domestic violence advocate or a legal services advocate.  The notice to use to get your VAWA protections is from our fact sheet Subsidized Housing Rights for Victims of Domestic Violence. 

Federal law and HUD require that PHAs

• Follow all building and housing codes and HUD regulations that affect the health or safety of tenants.  Check to see if a local housing code exists in your area.
• Follow all lease provisions dealing with maintenance and repair.
• Keep all electrical wiring, plumbing, heating, ventilation, sanitation and elevators in safe working order.
• Make sure there is running water and a reasonable amount of heat and hot water to the rental units.  The only exception is when the tenant is responsible for paying all utility costs directly to the utility company.
• Make sure there are enough containers for garbage for the whole building.  Tenants must have their own garbage containers inside of their own apartments. Tenants must bring their own garbage to the building garbage disposal area.
• Make all necessary repairs.
• Keep the common areas clean and safe.  Common areas are places like hallways, community rooms, laundry facilities, sidewalks and playgrounds.
• Follow state law requiring weatherization and insulation.

Some examples of ways the PHA can make public housing safer include

• Screening its employees for criminal behavior
• Hiring security personnel
• Re-renting vacant units as soon as possible
• Installing deadbolt locks, window locks, better lighting, fences, and a security system

If your rental unit or building needs repairs you can

• Tell the PHA in writing.  Keep a copy of your letter for your own records.
• Ask the city housing inspector to inspect the problem
• Take pictures of the problem
• File a grievance if the PHA does not make repairs

To file a grievance (complaint) you need to follow certain steps.  You can find more information about the grievance process later in this booklet.

Legal Action to Get Repairs
You have the right to take legal action if the PHA does not make the needed repairs in a reasonable amount of time.  You may be able to get a court-ordered refund or rent abatement in addition to a court order to get the repairs made.                                 

You can force the PHA to make the necessary repairs by filing a

• Tenants’ Remedies Action

OR

• A Rent Escrow Action.  When you file a Rent Escrow Action, you pay your rent to the court clerk, not to the PHA.  The judge will decide what should be done next.

Before you file a Rent Escrow Action you must

• • Have proof of the repair problem and
  • Send the PHA a letter demanding repairs at least 14 days before you file the Rent Escrow Action 
    OR
  • Have proof that a housing inspector ordered repairs but they have not been made by the deadline
  • Have proof that all rent due is currently paid or have the money due to give to the court clerk.

As part of your Tenants’ Remedies Action or Rent Escrow Action you can ask the court to give you a rent abatement (reduction).  The amount given is calculated by how much you couldn’t use or enjoy the property because of the repair issues.

Contact Legal Services if you need help filing either of these actions or if you don’t know what to do to get the repairs you need.

More information about the Tenants’ Remedies Action and Rent Escrow Actions can be found in the booklet Tenants’ Rights in Minnesota and these fact sheets: Getting Your Landlord to Make Repairs and Emergency Repair Problems. 

The PHA cannot charge you for ordinary repairs and maintenance.  The PHA can make you pay for damages caused by you, people in your household, and any invited guests.  For more information about what the PHA can charge you for and how, see the section called “Do I have to pay any extra charges?”

The Federal Violence Against Women Act (VAWA) protects victims of domestic violence, dating violence, stalking, and sexual assault. If the damage to your apartment was the result of domestic violence or sexual assault, the PHA cannot force you pay for the repairs or evict you for failing to pay for the repairs.  You may need to provide written documentation showing you were a victim of domestic violence or sexual assault at the time of the incident.  See our fact sheet Subsidized Housing Rights for Victims of Domestic Violence and Sexual Assault.

Your lease may say that you have to do some reasonable upkeep.  This might be jobs like shoveling snow from a sidewalk that leads only to your apartment.  Any upkeep you have to do must be reasonable and not just a way for the PHA to avoid its responsibilities.

The PHA can’t require this of any tenant who can’t do it because of age or disability. If you cannot do these things because of a disability, you should ask the PHA for a reasonable accommodation. See our fact sheet Reasonable Accommodations: Do You Need Your Landlord to Make a Change Because of Your Disability?

All PHAs have a rule that every adult in your household who is not working, has to do at least 8 hours of community service or participate in an economic self-sufficiency program every month.  Sometimes you can be excused, this is called being exempt. There is more about being exempt in the another section of this booklet.

What does “community service” mean?

“Community service” is any work that

• Is voluntary
• Benefits the public
• Adds to the quality of life in your community
• Adds to your self-sufficiency in your community
• Increases your self-responsibility in your community
   

“Community service” is not

• Work for which you are paid
• Political activity
   

What does “economic self-sufficiency program” mean?

An “economic self-sufficiency program” is any program that encourages, helps or trains you to be more financially independent.  Examples of these programs are

• Job training
• Employment counseling
• Work placement
• Basic skills training
• English as a Second Language (ESL) or English proficiency classes
• GED classes
• Financial management classes
• Alcohol or drug abuse counseling
• Mental health treatment
• College classes
• MFIP work activities

The PHA’s written policy and Annual Plan will talk about the community service requirements.  The requirements for community service should also be in your lease.  Some PHAs will give you a list of volunteer opportunities and time sheets if you need to do community service.  If they don’t give you these, ask how you find approved community service and how to keep track. Be sure that you keep a copy of any paperwork you turn in to the PHA showing you have met the requirements.

If every adult in your household doesn't do the full amount of community service, the PHA will not renew your lease unless you make up the missing hours and sign an agreement about the make-up plan.

EVERY adult member of your household who is not working must do at least 8 hours of these activities every month unless he or she is exempt.  Exempt means there are reasons that you don’t have to do it.

A public housing resident is exempt if they are

• 62 years old or older
• Blind or disabled and has papers showing why they can’t do community service or economic self-sufficiency
• The primary caretaker of a person 62 or older or a person who is disabled
• Exempt (excused) from work under the rules of MFIP 
• Exempt from work under the rules of MN General Assistance 
• Engaged in work activities

PHA’s can set their own minimum hours of work activity required to make you exempt from community service, but HUD has suggested a minimum of 30 hours per week.  You need to find out how many hours your PHA has decided to require.

• Working
• Getting work experience – volunteer work that gives you experience in a certain field if you can’t find a job  
• On-the-job-training
• Job-search and job-readiness assistance
• Community service programs
• Vocational educational training (not more than 12 months)
• Job-skills training directly related to employment
• Classes to help you get or do a job if you don’t have high school diploma or a GED
• Working towards a GED if you never finished high school

The PHA has to do the following things

• Write a policy about how community service requirements will be enforced. This policy should be in the PHA’s written policies and Annual Plan.  It should say how the PHA decides if someone is exempt or not.  It should also say how it will handle changes in a person’s exemption status.
   
• Give tenants a written description of the community service requirement. This should also tell you how to claim an exemption status and how the PHA will decide if you can get an exemption or not.
   
• Give written notice about its decision about exemption status. The PHA should do this for each adult member of your household. 
   
• Give you written notice of your right to use the Grievance Process to fix any mistakes you think they made in figuring out your exemption status.  Also mistakes about your household’s completion of the service requirements.  See the section called  “Housing Authority Grievance Process.”
  
  Review and check if your household completed its service requirement at least 30 days before the end of your 12-month lease.  If your service was done through another organization and not the PHA, then the proof that you completed your service must come from that organization. 
   
• Keep proof of your exemption status or your completion of the service requirement in your file.
   
• Give you notice that
  • You didn’t do the 8 hours per month
  • The PHA is not renewing your lease
  • You have a chance to fix the problem by making up the work so your lease can be renewed
  • The PHA will sign an agreement with you, or the person who didn’t do the required hours that says how the problem can be fixed so your lease can be renewed.

At least 30 days before the end of your 12-month lease, the PHA will ask for

1) proof that each adult has done the 8 hours a month of community service or economic self-sufficiency program activities, or

2) proof that the person is exempt. 

If you did your community service or activity with an organization other than the PHA, you need signed proof from that organization saying what you did and how many hours. Some PHA policies allow you to sign a certification that you did the community service and will randomly check if you are truthful. If you think you or one of your household members is exempt, you must provide proof that shows why. See the section called “Does everyone have to do this?”

If you or anyone in your household does not do the required service hours, you will get a notice of noncompliance. The PHA will not renew your lease.  Because of that, it is very important that you let the PHA know right away if someone in your household moves out. Let them know in writing.  If you don’t, it may cause serious problems and the PHA may not be willing to renew your lease.   

If you are short some or all of your hours, the PHA will still renew your lease IF you sign a written agreement promising to do the needed hours.  You still need to also do the amount for the new year.  Make sure you can follow through on your make-up schedule.  A broken agreement can lead to eviction.

In Minnesota, you can only be evicted if there is a legal case started against you in court.  In Minnesota, evictions can be filed in district courts or housing court. The legal case is called an “eviction action.”  It used to be called an “unlawful detainer” or UD.   If you think you have a good defense (reason that you shouldn’t be evicted), make sure you respond to the PHA’s court papers.  This is called an “Answer.”   There is more information on Answers later in this booklet.  

The PHA can only evict you for “good cause.”  “Good cause” can mean many different things.  It can mean

• a serious violation of the lease or
• repeated violations or 
• you didn’t pay your rent after being given a chance to pay

Your lease will tell you what you have promised to do and not do in your public housing unit.

Before the PHA can file an eviction action against you in court, the PHA must 

1. Send you a Notice of Lease Termination
2. Let you know how to argue the lease termination through their grievance process or explain why you are not entitled to the grievance process.

If you want to go through the grievance process, the PHA can’t file an eviction action in District Court until the grievance process is done.  Even if you are unsuccessful in the grievance process, the PHA still must win the case in District Court in order to have you removed from the property.

The federal Violence Against Women Act (VAWA) protects victims of domestic violence, dating violence, stalking and sexual assault.  If the lease violations the PHA is trying to evict you for were the result of domestic or dating violence, stalking or sexual assault against anyone in your household, the PHA cannot use that incident against you.  The PHA can ask you to prove that the incident is “domestic violence, dating violence, sexual assault or stalking.”  But, if there are other lease violations the PHA could use those to evict you. 

If the abuser or attacker is a member of your household the PHA can evict the abuser/attacker and do a new lease for just you and the remaining members of your household. You may also ask the PHA to transfer you to a different unit if you fear for your safety.  The transfer may depend on what else is vacant but you should ask about the PHA’s emergency transfer policy for VAWA protections if you are not safe.

Be prepared to show the court how the violations were the result of domestic violence or sexual assault and ask the case to be dismissed.  You may also have to give proof that you or the household member was a victim at the time of the incident.  See our fact sheet Subsidized Housing Rights – Victims of Domestic Violence.

If you have problems getting your VAWA rights enforced, talk to a DV services provider and your legal aid office

The PHA has to send you a written notice explaining the reasons why it wants to evict you. The Notice must

• Be translated if you do not understand English.  Note: If you have a disability that makes it hard to read, the PHA must give you the notice in a way that you will know what it says as a reasonable accommodation.
• Say if you can ask for a grievance process or not. If the PHA thinks you do not get to use the grievance process, it must say why not.
• Tell you the reasons for the termination. The notice has to give specific reasons, including
  • The rules that you violated and
  • How they think you violated those rules. The notice has to give enough information so that you can prepare a defense.
• Say you have the right to make a reply to the termination notice
• Say you have a right to examine any documents that relate to the lease termination or eviction.  You have the right to see and copy all of the information in your PHA file. You should ask for ALL of the file.  The PHA can’t hide part of your file from you. You might have to pay for any copies.  
• Tell you the date the lease terminates. You will get
  • 30 days for not paying rent
  • Different amounts of time for other things.  The PHA looks at how serious the situation is.  It looks at things like
    • Health and safety of other residents and staff
    • If someone in your household has been a part of violent or drug-related criminal activity
    • If anyone in your household has been convicted of a felony

The time will be shorter for serious things and longer, up to 30 days, for less serious things.  The PHA decides the amount of time before the lease terminates.

If the PHA says you have the right to a grievance hearing, it should not terminate your lease until the time period to ask for the hearing has passed.

If you ask for a grievance hearing, the PHA should not terminate your lease until the grievance process is over.

You can avoid eviction by just leaving before the given date.  Make sure to tell the PHA if you leave. You may be able to negotiate a move-out date later than the date on the termination notice, but you will probably give up your right to fight the eviction if you do. 

Contact the person who wrote the termination notice to talk about this.  You should talk about your case with a lawyer before admitting to any facts or making any agreements.

If you sign an agreement to move out, you will be expected to follow it. If you don’t move out, the PHA will probably go to eviction court using the agreement you did not follow as a reason

Unless the case is for a reason that is exempt from the grievance process, or you have waived your grievance, or missed the deadline to ask for a grievance, the PHA must go through all of the steps of the grievance process before it can file an eviction action in court. 

For lease terminations, the grievance process includes

1. Notice of Lease Termination
2. Informal Settlement Conference
3. Formal Hearing
4. Decision

For more information, see the section called “Housing Authority Grievance Process.”

If a settlement agreement is signed, or you win your grievance hearing, the process ends here before any court action.

If no settlement agreement is signed and

• You did not have the right to a grievance hearing OR
• You did not ask for a grievance hearing OR
• You lost your grievance hearing

the PHA will give you a final move-out date in writing when it gives you the papers from the grievance hearing decision.  If you do not move out of your apartment by the final move-out date, the PHA will file an Eviction Action in Court to have you removed from the property. 

If you decide to move out before an eviction action is filed against you in court, be sure to

• tell the PHA that you are moving
• remove all of your possessions from the property
• clean your apartment and
• turn over the keys to the property manager or another worker (make sure you get a receipt for the keys)

If you don’t move by the final move-out date, the PHA will file an eviction action against you in Court.  You may be able to negotiate with the PHA for more time to move out, and a good or neutral reference, if you agree to move out without fighting the eviction in court.

An eviction action is a court case.  This is what happens:

Before the court hearing

• A Summons and Complaint will be given to you.  These forms come together. They have to be “served” on you.  There are complicated rules about service.  If the papers are not served right, the case could be dismissed.  Make sure you know the rules about service.  These rules are on the Answer forms talked about below. 
  
  The Summons is a court paper telling you that an eviction has been filed and when and where to go to court for a hearing.  The court date will be 7-14 days from the date the case was filed.  This gives you time to get ready for court.  This may be your last chance to get help from a lawyer. If you want legal help you should contact your local legal aid office right away because the process moves fast.
  
  The Complaint is a court paper presenting the PHA’s claims against you.
   
• It is a good idea to file a written “Answer” to PHA’s papers if you can. You can create one ready to file online here https://www.lawhelpmn.org/self-help-library/legal-resource/eviction-answer-form or go to https://www.lawhelpmn.org/forms.
  
  You can also get one to fill out at your courthouse from the court clerk OR you can get one online.  To get a simple online form go to http://www.mncourts.gov/GetForms.aspx?c=23&f=369.  
  
  Give a copy of your Answer to your landlord and keep a copy for yourself.
  
  There is a filing fee to file your Answer.  If you have a low income, you can fill out a fee waiver form (IFP form). The court can decide if you are eligible to have the filing fee reduced or waived. The court has these forms or you can click here to create your own. Or go to https://www.lawhelpmn.org/forms.
  
  Have proof of your income, like pay stubs, or proof of government assistance.  Attach copies to your IFP form. Cross out your social security number on these papers.
   
• If you do not speak English, the court must provide a free interpreter for you. If you need an interpreter tell the court as soon as you know about the hearing to make sure one will be available for you. 
   

The court hearing

• Most eviction hearings are done via ZOOM. Information about how to participate in a ZOOM hearing is on the Summons. If you do not have access to technology the court can offer other options.
   
• In court, the PHA will probably get to talk first because they filed the case. When it is your turn to talk, tell the judge why you shouldn’t be evicted.  If you filed an Answer, use your copy so you remember all the points you made.  You want to help the judge understand your arguments.
   
• If you and the PHA agree about the facts of the case but disagree that you should be evicted for it, the judge can make a decision right away. (In both the initial court hearing and in the trial, the judge will make a decision after all the evidence has been presented.)
  
  If you and the PHA disagree about the facts of the case, then there will probably be a trial.  It’s up to the judge.  You have the right to a trial by either judge or jury.  You can decide which one you want, but you may have to pay a fee for a jury trial.  You can ask the judge to waive the jury fee. 
  
  If you ask for a jury trial, be ready to tell the judge why you want it.  Most eviction trials, even those with attorneys involved, are without a jury.  If you are thinking about asking for a jury trial, ask the court clerk how to ask for a jury trial since it is different in every district.  Keep reading below.
   

Before the trial

• The trial might be the same day as your court hearing or it may be scheduled for a few days later.  For this reason, you should come to your first court date with all your papers and your witnesses in case the judge wants to hold the trial the same day.
  
  You can ask for a later trial date. You must state under oath that the witness is not available on the date of your first court hearing. But both you and the PHA have the right for the trial to happen within 7 days.
  
  The judge will not schedule a trial for a date longer than 7 days away unless you and the PHA agree with that. If you are worried that your witnesses will not show up you can force them to come by serving them with a subpoena.  A subpoena is a court order telling someone to appear in court.  Court Administrators or licensed attorneys can issue subpoenas.  Each court has its own steps for getting subpoenas.  You should talk to your court clerk if you think you need a subpoena. There may be costs involved.
• The judge might issue something called a Discovery Order. Discovery Orders tell both sides in a case that they have to exchange witness lists and documents (including pictures) at some point before the trial.  This lets both sides review documents that will be presented at court and try to talk with witnesses that the other side will present. 
  
  If the judge makes a Discovery Order and you don’t give some information to the PHA by the deadline, the PHA could object to your witness or document.  The judge could decide you can’t use that witness or document in your case.
   

At the trial

• At trial, the PHA will go first.  It will present its evidence to support what it said about you in the termination notice.  You can question the PHA’s witnesses when they testify.  The PHA cannot present or rely on any grounds for eviction that were not in the termination notice it sent to you at the beginning.
   
• It will be your turn after the PHA has finished.  It is better to have actual witnesses testify.  Many judges will not accept written statements from witnesses, not even if the statements are notarized, because the other side needs to be able to cross examine each witness.  If the PHA wants to use written statements, you should object and ask the court not to consider them because you cannot ask the person who wrote the statement any questions. 
  
  In both the initial court hearing and in the trial, the judge will make a decision after all the evidence has been presented.
   

If you win in court you can stay in your housing and the PHA cannot use the same complaints to try to evict you again.

If you lose in court the judge will issue a Writ of Recovery (eviction order) against you.  This is an order for the sheriff to give the apartment back to the PHA.  The judge can delay the Writ of Recovery for as long as 7 days or the judge can let the PHA get the Writ right away. The judge cannot delay the writ for more than 7 days unless the PHA agrees to give you more time.

If you need more time to move out, ask the judge to give you 7 days to move.  You are more likely to get that if you have not caused health or safety concerns or other problems.  The judge is also more likely to give you 7 days if you have children or anyone with a disability in your household.

After the PHA gets the Writ of Recovery from the court they take it to the county Sheriff’s office.  An officer from the Sheriff’s department brings the Writ of Recovery to your apartment and hands it to you or posts it on your door if you are not there.  The Writ tells you that you must move out of the property within 24 hours. 

If you do not move out within the 24 hours, the sheriff's deputy can come back and remove you. All of your possessions are packed and placed in storage. Sometimes it can take more than 24 hours for the officer to come back. Each county Sheriff’s office handles forced move-outs differently.  If you have questions about how they will handle the move-out, contact your local Sheriff’s office.

Sometimes, the PHA will agree to give you a few extra days.  You can try to talk to them. If the PHA agrees to give you more time to move, get the agreement in writing.

You can appeal the court’s decision, but this is a very complicated process and you will usually need a lawyer.  In Minnesota, appeals generally need to be made within 15 days.  If a referee made the decision, you also have the right to have it reviewed by a judge but you must act quickly.  Ask the court clerk for the forms. You can contact the clerk for the Court of Appeals for more information. 

Think about talking with a lawyer right away if you want to appeal!

If you are evicted from public housing, you must move out and find somewhere else to live.  You will have to pay higher rent.  This will probably have a big impact on your finances as you will have to pay the market rate for your next apartment.

An eviction on your record is often a reason a landlord will choose not to rent to you, so it makes finding housing difficult.

If you are evicted for drug-related criminal activity, or someone in your household or a guest is, you will not be able to live in federally subsidized housing for at least 3 years.  PHAs report these types of evictions to HUD and it may tell other PHAs. 

Some PHAs refuse to accept anyone evicted from public housing even for other reasons, like not being able to pay rent.

If you move out of your public housing unit and the PHA thinks that you still owe rent or other charges, it may refer the entire amount to the Minnesota Department of Revenue for collection. It can also do this after an eviction for not paying your rent.

The Minnesota Department of Revenue will then withhold the amount from your Minnesota Income, Property or Renter’s Credit tax refund.  They can do this because the PHA is considered a government agency.  This process is called “Revenue Recapture.”  See our fact sheet When They Keep Your Refund.

The PHA cannot use this option if you have agreed to a repayment plan and are following the plan.  It also cannot use this option if your debt is more than 6 years old. 

You have certain rights if the PHA refers your debt for Revenue Recapture.  You must receive notice of your rights from the PHA within 5 days if the PHA intends to ask the Department of Revenue to withhold your refund. 

The notice must tell you

• When your debt was from
• Who you owe
• That your debt can be paid by Revenue Recapture
• That you can argue if you have reasons you don’t think you owe the debt
• How you can argue it
• That you can appeal

If you plan to appeal because you think the charges are not fair, let the PHA know in writing.  At the top of your letter, write “Revenue Recapture Appeal.”  In the letter, explain why you think the PHA can’t keep your refund.  Keep a copy of this letter for your records.  You must do this within 45 days of getting a notice that your debt had been referred to the Dept. of Revenue. If you have already appealed at the PHA and lost, you are not entitled to another hearing.  

If You Appeal the Revenue Recapture

The PHA should set an appeal hearing within 30 days. You do not get an appeal hearing if the debt comes from a court judgment or court order. You do not need a lawyer for this hearing, but you can talk to one to get advice. 

Before your PHA hearing, review your files at the PHA for evidence of the charges and any notices they sent to you.  The PHA's written policies may include rules about revenue recapture cases and hearings. Ask the PHA for a copy.              

If you lose your PHA appeal, you can petition the Minnesota Court of Appeals for an appeal.  These are very complicated cases.  Talk to a lawyer.

Most tenants in Minnesota know that an eviction can make it hard to find another apartment.  The same is true for an eviction from public housing.  You might be able to get an expungement.

Expungement means removing the record of a case from the public view.  If your eviction case is expunged, then someone searching court files cannot find a record of your case.  Courts can expunge eviction cases, but only in some situations.

 Expungement is a separate order from a judge.  You need to make a special request to the judge called a “motion.”    

You can ask for an expungement during your eviction trial or even at the first appearance if you can convince the judge to dismiss the case against you.  But the judge may not want to decide on the expungement until after the trial is over.  The judge might say that you have to ask for your expungement later on in a separate motion.

The judge decides about expungement based on a legal standard.  Basically, you can ask for an expungement if the PHA improperly filed its eviction case and it would be unfair to keep it on your record.  Minnesota law says expungements are allowed when

• The landlord’s case was “sufficiently without basis in fact or law,” including when you are not properly given (“served”) the court papers
• It is “clearly in the interests of justice” and
• There is little reason for the public or other landlords to know about the case.

If your eviction is expunged, the public will not be told about your eviction.  However, the PHA can still give rental references about lease violations.

If you get your record expunged, you should let tenant screening agencies know so they remove the eviction case from your record.  If you are thinking about filing for an expungement see our fact sheet Expunging Evictions.

If you have a problem or disagreement with your PHA that hasn’t been solved you have the right to make a complaint by starting a “grievance process.”

You may also be able to start a grievance process if you get a termination of lease notice, but that depends on the reasons for the termination. 

A grievance is like a complaint. You can file a grievance if the PHA has done something against the rules that are in your lease or its policies.  Some things you might file a grievance about are

• Your rent went up more than it should have according to the rules
• The PHA is not making repairs that you need and asked for
• The PHA denied you a transfer that its policies say you are eligible for
• The PHA will not let you add someone to your lease
• You are being charged late fees when you paid your rent on time

Reasonable Accommodation: PHAs have to make changes in their rules and policies for tenants with disabilities when these changes are needed for these tenants to enjoy their apartment. These changes are known as "reasonable accommodations."

Reasonable accommodations are things like

• allowing a pet for visual, hearing, or emotional support
• larger doorways and lower cabinets for people with problems moving around
• putting up grab bars in the apartment

If you or a member of your household is disabled and needs a reasonable accommodation, ask your PHA.  Before asking, get a letter from your doctor saying what your disability is and why you need the accommodation.  If you have been denied a reasonable accommodation, you should request a grievance hearing as soon as you know about the denial.  

See our fact sheet Do You Need Your Landlord to Make a Change Because of Your Disability? (Reasonable Accommodations).

A grievance process is the official way you resolve disputes with the PHA.  A grievance involves something the PHA has done or something the PHA has failed to do.

Each PHA has its own grievance process. Ask your PHA for a copy of its grievance process. The grievance process tells you important things like how to make a complaint and what the deadlines are for asking for meetings about your grievance.

Remember: Each step of the grievance process has time limits. Check with your PHA.

You can make a grievance complaint if you are a tenant. A tenant is any adult who lives in the apartment and who signed the lease.

The grievance process cannot be used to resolve a dispute with other tenants and not the PHA.

Some PHAs may exclude from the grievance process eviction cases involving any of the following reasons

• termination for criminal activity that threatens other tenants or PHA workers
• termination for violent or drug related criminal activity on or off PHA premises
• termination for criminal activity that resulted in a felony conviction of a household member, or
• having a dispute with other tenants and not the PHA

If you can’t ask for a grievance hearing and the PHA wants to evict you, then you have to go to court and go through the court eviction process. The PHA must prove that the criminal activity happened.

Yes.  If you want a grievance hearing about a proposed lease termination, you can lose your right to do it if you miss the deadline in the termination notice.  Don’t wait!  It is best to report problems right away.  Different issues have different deadlines. Each PHA may have different time limits for different things, contact your PHA about deadlines as soon as you can.

Step 1. Ask for an Informal Conference right away

Do not wait or you may lose your right!

• Write a letter telling your PHA what the problem is.  In the letter ask for an Informal Conference. You can use the form on page 90 to do this.
• Make a copy of the letter and keep it in a safe place.
• Give the letter to your PHA.  Ask to have your copy date stamped and signed by the person receiving it.
• The PHA will send you a letter telling you when your Informal Conference is.
   

Step 2. Get ready for the Informal Conference

• If you think the PHA has papers that can help you, call your PHA and ask to see your file.  Make copies before the Informal Conference. You have the right to look at and copy any record, document, or paper that the housing authority has about you.  You might have to pay for the copies.
• Find a witness or witnesses to bring with you to the Conference. A witness can be someone who knows something about your problem and can tell the PHA about it. A witness can also be a person who just watches and listens to the Informal Conference so they can tell a hearing officer or a court about what he or she heard if the process goes to a hearing or to court.
   

Step 3. Go to the Informal Conference

• Get to the Conference on time!
• Tell the person from the PHA what your problem is and what you want the PHA to do.
• The person from the PHA will tell you what the PHA is going to do about your problem.
   

Step 4.  After the Informal Conference, read the summary

• A few days after the Informal Conference, the PHA should send you a letter called a “summary.” It should say who was at the Informal Conference, what happened at the Conference and what the PHA plans to do.
• Read the summary and follow directions carefully. Make sure the things that happened at the Informal Conference, especially agreements made, are written out correctly in the summary.  If they are not written out correctly you can’t be sure they will happen.

If you like what happened at the Informal Conference, and the summary covers everything, you don’t need to do anything else. The grievance process can stop here.

• If the Informal Conference was about a termination notice and the summary says the PHA is going ahead with the termination, ask for a Formal Hearing. The summary will tell you how.
• If you think the summary is wrong or different from what you heard at the Informal Conference, ask for a Formal Hearing.  The summary will tell you how to do this.
• Ask for a Formal Hearing if the PHA does not do what it said it would. You can do this at any time.
• Pay attention to all the deadlines in the Informal Conference summary.

Step 5. Ask for a Formal Hearing

A Formal Hearing is a meeting where a PHA hearing officer or a panel of people listens to both sides and makes a decision about what the PHA should do. Sometimes a PHA policy includes having another public housing tenant be part of the hearing panel.

To ask for the Formal Hearing

• Write another letter telling your PHA what the problem is. In the letter ask for a Formal Hearing. You can use the form on page 80 to do this.
• Make a copy of this letter and keep it in a safe place.
• Read the Informal Conference summary directions to find out who you should mail or give the letter to.
• The PHA will send you a letter telling you when and where your Formal Hearing is going to be.

What are my rights at a Formal Hearing?

• Have a fair hearing with a fair hearing officer or panel.
• Have a lawyer, a tenant, or any other person represent you.
• You can record the Formal Hearing if you want to. Some PHAs record all hearings. Ask your PHA about its policies and choose what you want to do.
• Keep the hearing private or open to the public--it’s your choice.
• Present evidence and witnesses and arguments about your case.
• Question any witnesses the PHA presents.
• Have a written decision based only on facts that are presented to the hearing officer at the Formal Hearing.
• If the Formal Hearing is for a lease termination, only the reasons listed in the termination notice can be talked about at the Hearing.  The PHA can’t start bringing up other reasons to terminate you that were not in the original termination notice.
   

Step 6. Get ready for the Formal Hearing

• Arrange for witnesses to come with you to the Hearing.
• Make a list of questions that you want to ask your witnesses and the PHA’s witnesses.
• Make sure that you have any papers or photographs that you think might help you at the Hearing. Make a copy to give the hearing officer or panel and a copy for the PHA.
• If you haven’t looked at your case file, make an appointment to look at it. Read it carefully.  Make notes for yourself of anything negative about you that might be used against you at the Hearing, including the names and addresses of witnesses. Be prepared to respond to or explain the negative information. 

If you ask for information that the PHA has before the Hearing, the PHA cannot use anything it does not give you then, at the Hearing later.

• The PHA policies might say that you have to give the PHA a witness list and any documents that you plan on using a few days before the Hearing.  Look at the written grievance policy to see if, and when, you need to do these things.
• Pay attention to all deadlines in the Formal Hearing process.
   

Step 7. Go to the Formal Hearing

• You will meet with people from the PHA and a hearing officer (or hearing panel). The PHA picks the person who will be the hearing officer. The hearing officer cannot be the person who the grievance is about or the person who made the decision to terminate your lease.
• You will tell the hearing officer why you do not like what the PHA decided at your Informal Conference.
• You can ask your witnesses questions. You can ask the PHA’s witnesses questions.
• If you have difficulty speaking English, the PHA must pay for an interpreter at the Hearing.
• If you need a reasonable accommodation to change a hearing rule due to a disability, make a reasonable accommodation request before the Hearing.
• The hearing officer will listen to what you have to say and to what the PHA has to say and then make a decision.
• If the hearing officer agrees with you, he or she will tell the PHA to do what you want them to do.
• The Hearing decision might not be immediate. It could come to you later by mail. It must be written.
• If the hearing officer agrees with the PHA about a lease termination issue, the PHA must take you to court to evict you.
• If the Hearing involves some complaint you have against the PHA and the hearing officer agrees with the PHA, you may be able to go to court to solve the problem. You should talk to your legal aid office or another attorney.

It is very important that you go to your Hearing. If you do not go, the hearing officer can decide to postpone your Hearing for 5 days or decide that you have lost your right to have a Hearing.

As soon as you find out that you can’t go to a Formal Hearing, call the PHA and ask to have it postponed. If the PHA refuses to change the date of the Hearing, send a friend to your Hearing to explain why you could not go.

It is important for tenants to be involved in making decisions and policies that have to do with their homes with the PHA.  PHAs must include residents in the planning process and in running its programs.  It is up to the residents, like you, to make sure this happens in a meaningful way.  This is why PHAs set up Resident Councils and Resident Advisory Boards (RABs).

A Resident Council is a group of public housing residents in your development that meet and talk about issues important to all residents.  The resident council’s membership is open to all of the adults on leases in the building or group of buildings the Council represents. The Council has by-laws and elects a governing board.  Resident Councils might be established for individual buildings, several buildings or even for every building owned by your PHA.

A Resident Advisory Board (RAB) is a group of residents that advises your housing authority about its Annual and 5-Year PHA Plans. That means that they look at the Plans and give the housing authority feedback.

The purpose of the RAB is to participate in the PHA Plan Process and to represent the views of the residents. RAB members should find out what issues are important to residents and what issues the housing authority should know about.

Your RAB is responsible for

• reviewing your housing authority’s PHA Plans
• making comments on the PHA Plans (what’s good, what’s bad, what should be changed)
• meeting with housing authority staff to talk about the PHA Plans

The RAB can also meet with residents to get information and pass information along.

When submitting its final plan, your PHA must give HUD all the recommendations made by the Resident Advisory Boards and talk about how it handled these recommendations.

PHA Plans are developed by your housing authority. There is an Annual Plan, which is produced every year. There is also a 5-Year Plan, which talks about long-term goals and rules. They contain a lot of information about your housing authority’s rules, including

• how tenants are admitted and evicted
• decisions on collecting and raising rents
• the set amounts for extra charges and repair charges
• plans for resident programs, such as youth groups and job training seminars; and
• decisions about spending money on maintenance, repairs, security, and other programs.

The PHA Plan Process is a step-by-step process that your PHA must follow each year to produce the Annual PHA Plan. The PHA must follow strict rules—and resident participation is important. The Resident Advisory Board is the key to effective resident participation.

Many PHAs propose changes in their policies at the same time they do their Annual Plans. This is a good time for tenants to make suggestions for changes in policies.

PHAs must publish their Annual Plans and proposed changes to policies for at least 30 days so tenants and the public can comment on them. PHAs are required to hold a public hearing to gather comments. PHAs must consider the oral and written comments they received, before they adopt their final Plans and policies.
 

A good RAB should be made up of residents similar to the residents living in public housing. If the public housing residents are very diverse, the RAB should also be very diverse.

Residents need to be responsible for keeping track of how Resident Advisory Boards are set up. HUD has rules that state that the PHA can only pick the members of the Resident Advisory Board in very limited situations.  In most cases, the PHA should choose a Resident Advisory Board from resident councils that are already set up.

If there is a resident council that

• represents all of the buildings owned by the PHA 
• is rightfully elected by residents and
• complies with HUD’s tenant participation rules

then the PHA must appoint this council.

The PHA can have more than one RAB.  In fact, it may be a good idea to have a separate RAB for both public housing and Section 8 housing, since residents of each face different issues with the housing authority.  The separate boards can plan joint meetings for issues that affect both types of residents.