Landlords & Tenants: Rights & Responsibilities

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28. TENANT’S RIGHT TO A TAX CREDIT (CRP) Minnesota law gives tenants (depending on income and amount of rent paid) a partial refund for the property taxes they pay indirectly through their rent. (215) To be eligible a tenant must rent a property tax-paying unit. If the tenant is renting from the government, a private college, some other person, or other entity not required to pay property taxes or make payments in lieu of taxes, the tenant is not eligible for a refund. To claim the credit, the tenant must file with the Minnesota Department of Revenue a property tax refund return form (M-1RP) and include with it a “certificate of rent paid” (“CRP”) that the landlord must supply to the person who is a renter on December 31. If the renter moves prior to December 31, the owner or managing agent may give the certificate to the renter at the time of moving or mail the certificate to a forwarding address if one has been provided by the renter. The certificate must be made available to the renter before February 1 of the year following the year in which the rent was paid. (216) If there is a disagreement between the tenant and the landlord over how much rent was paid, or if the landlord fails to provide a certificate of rent paid form, a “Rent Paid Affidavit” can be requested from the Minnesota Department of Revenue. The property tax refund return for the previous year must be filed with the Department of Revenue by August 15. Questions may be directed to the department at 651-296-3781. TTY users call 711 for Minnesota State Relay Service.

29. DISCRIMINATION According to Minnesota law, landlords cannot legally refuse to sell, rent, or lease housing to potential tenants, or have different rental terms, on the basis of race, color, creed, religion, national origin, sex, marital status, sexual or affectional orientation, disability, or reliance on public assistance. (217) There is one exception to this: an owner living in a one-family unit may refuse to rent part of the premises on the basis of sex, marital status, sexual or affectional orientation, disability, or reliance on public assistance. (218) Likewise, a landlord cannot discriminate against tenants by decreasing services that have been promised in the lease. (219) It is also illegal for landlords to discriminate against people with children (this is also called “familial status”). However, there are some important exceptions to this prohibition. Landlords can refuse to rent to persons with children when: 1. The vacancy is in an owner-occupied house, duplex, triplex or fourplex (220) or 2. The purpose of the building is to provide housing for elderly persons. (221) Complaints about discrimination may be filed with the Minnesota Department of Human Rights, 190 East 5th Street, Suite 700, St. Paul, MN 55101; 651-296-5663, or toll free, 800-657-3704. In Minneapolis, St. Paul, and some other locations, such complaints may also be filed with municipal civil or human rights departments. (226) Tenants may also wish to consult a private attorney about discrimination.

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