Fair Housing Act Complaint - Minnesota

MINNESOTA FAIR HOUSING COMPLAINT — MINNESOTA HUMAN RIGHTS ACT AND FEDERAL FAIR HOUSING ACT

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties
4. Jurisdiction and Venue
5. Factual Allegations
6. Count I — Minnesota Human Rights Act (Real Property)
7. Count II — Federal Fair Housing Act (42 U.S.C. § 3604 / § 3617)
8. Count III — Reasonable Accommodation / Modification (Disability)
9. Damages
10. Prayer for Relief
11. Demand for Jury Trial
12. Verification
13. Signature and Service Blocks
14. Certificate of Service
15. Minnesota Practice Notes
16. Sources and References

1. CAPTION

STATE OF MINNESOTA

DISTRICT COURT

COUNTY OF [____]

[____] JUDICIAL DISTRICT

Court File No. [____]

Case Type: Other Civil — Discrimination

COMPLAINT FOR DAMAGES, DECLARATORY, AND INJUNCTIVE RELIEF

JURY TRIAL DEMANDED

Plaintiff, for the Complaint against Defendants, states and alleges:

2. INTRODUCTION

2.1. This is a civil action for housing discrimination arising from Defendants' unlawful conduct relating to real property on the basis of Plaintiff's [PROTECTED CHARACTERISTIC], in violation of the Minnesota Human Rights Act ("MHRA"), Minn. Stat. ch. 363A, and the federal Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq.

2.2. Minnesota declares the opportunity to obtain housing and other real estate, free from discrimination, to be a civil right. Minn. Stat. § 363A.02.

2.3. Plaintiff seeks compensatory damages (including up to treble damages), punitive damages, civil penalties, declaratory and injunctive relief, and reasonable attorney's fees and costs.

3. PARTIES

3.1. Plaintiff. Plaintiff [NAME] ("Plaintiff") is an adult individual residing in [CITY, COUNTY], Minnesota, and a member of one or more classes protected under the MHRA and FHA, namely [PROTECTED CLASS(ES)].

3.2. Defendant Owner / Landlord. Defendant [NAME] ("Defendant [SHORT NAME]") is, and at all relevant times was, an owner, lessor, managing agent, or other person having the right to sell, rent, or lease the real property located at [PROPERTY ADDRESS], within the meaning of Minn. Stat. § 363A.09, subd. 1.

3.3. Individual Defendant. Defendant [NAME] is, and at all relevant times was, a [manager / leasing agent / member / officer] of Defendant [ENTITY], acting within the course and scope of that agency.

3.4. [Real estate broker / lender Defendant, if applicable]. Defendant [NAME] is a real estate broker, salesperson, or person engaged in real estate-related transactions within the meaning of Minn. Stat. § 363A.09, subd. 2.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction under Minn. Stat. § 363A.33, subd. 1 and subd. 6, which authorize a civil action seeking redress for an unfair discriminatory practice to be brought directly in district court.

4.2. This Court may adjudicate the parallel federal Fair Housing Act claims concurrently with the federal district courts. 42 U.S.C. § 3613(a).

4.3. Venue is proper in [____] County under Minn. Stat. § 363A.33, subd. 6, because the unlawful discriminatory practice was committed in this County and/or Defendant resides or has its principal place of business in this County.

4.4. No administrative exhaustion required. Under Minn. Stat. § 363A.28, subd. 1, an aggrieved person may bring a civil action directly under § 363A.33, subd. 1, or file a verified charge with the Minnesota Department of Human Rights ("MDHR"). Plaintiff [has elected to proceed directly in district court / filed MDHR Charge No. ____ on __/__/____ and now proceeds under § 363A.33, subd. 1].

5. FACTUAL ALLEGATIONS

5.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase / resided in / sought financing for] the real property located at [PROPERTY ADDRESS] ("the Property").

5.2. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, familial status].

5.3. Plaintiff was qualified for and met the legitimate, nondiscriminatory requirements for the [tenancy / purchase / loan].

5.4. Discriminatory practice(s) alleged. Defendants engaged in one or more of the following unfair discriminatory practices:

☐ Refusal to sell, rent, or lease (Minn. Stat. § 363A.09, subd. 1(1); 42 U.S.C. § 3604(a))
☐ Discriminatory terms, conditions, or privileges (Minn. Stat. § 363A.09, subd. 1(2); 42 U.S.C. § 3604(b))
☐ Discriminatory advertising, sign, application, record, or inquiry (Minn. Stat. § 363A.09, subd. 1(3); 42 U.S.C. § 3604(c))
☐ Misrepresentation that property is unavailable (Minn. Stat. § 363A.09, subd. 2(1); 42 U.S.C. § 3604(d))
☐ Steering to or away from a neighborhood or unit
☐ Blockbusting (42 U.S.C. § 3604(e))
☐ Discrimination in financing / lending (Minn. Stat. § 363A.16; 42 U.S.C. § 3605)
☐ Refusal to make reasonable accommodation or permit reasonable modification (Minn. Stat. § 363A.10; 42 U.S.C. § 3604(f)(3))
☐ Harassment / hostile housing environment
☐ Reprisal / retaliation (Minn. Stat. § 363A.15; 42 U.S.C. § 3617)
☐ Discrimination based on a state-protected class not covered by federal law (e.g., creed, marital status, status with regard to public assistance, sexual orientation, gender identity): [DESCRIBE]

5.5. Specifically, Defendants [DESCRIBE THE DISCRIMINATORY CONDUCT IN DETAIL — what was said and done, by whom, on what date(s), and any witnesses].

5.6. Similarly situated persons outside Plaintiff's protected class(es) were treated more favorably, including [COMPARATOR / TESTER EVIDENCE].

5.7. Defendants' stated reasons for the adverse housing decision are pretextual; Plaintiff's protected characteristic(s) were a motivating factor in the conduct.

5.8. As a direct and proximate result, Plaintiff suffered the harms described in Section 9.

6. COUNT I — MINNESOTA HUMAN RIGHTS ACT (REAL PROPERTY)

6.1. Plaintiff incorporates the preceding paragraphs by reference.

6.2. Minn. Stat. § 363A.09 makes it an unfair discriminatory practice to refuse to sell, rent, or lease real property, or to discriminate in the terms, conditions, or privileges thereof, because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status.

6.3. Defendants discriminated against Plaintiff because of Plaintiff's [PROTECTED CHARACTERISTIC] by [the practice(s) identified in ¶ 5.4], in violation of Minn. Stat. § 363A.09.

6.4. Defendants further engaged in an unlawful reprisal against Plaintiff in violation of Minn. Stat. § 363A.15.

6.5. As a direct and proximate result, Plaintiff is entitled to compensatory damages (up to three times the actual damages), punitive damages, civil penalties, injunctive relief, and attorney's fees under Minn. Stat. § 363A.29, § 363A.33, and § 363A.35.

7. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604 / § 3617)

7.1. Plaintiff incorporates the preceding paragraphs by reference.

7.2. The federal Fair Housing Act prohibits discrimination in the sale or rental of a dwelling, or in the terms, conditions, or privileges thereof, because of race, color, religion, sex, familial status, national origin, or disability. 42 U.S.C. § 3604.

7.3. Defendants discriminated against Plaintiff on the basis of [PROTECTED CLASS] through the conduct described above, in violation of 42 U.S.C. § 3604(a)–(f) and/or § 3605.

7.4. Defendants further coerced, intimidated, threatened, interfered with, or retaliated against Plaintiff in the exercise of FHA-protected rights, in violation of 42 U.S.C. § 3617.

7.5. Plaintiff may bring this private civil action in state court within two (2) years of the discriminatory housing practice. 42 U.S.C. § 3613(a).

7.6. Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

8. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

8.1. Plaintiff incorporates the preceding paragraphs by reference.

8.2. Plaintiff has a disability within the meaning of Minn. Stat. § 363A.03, subd. 12 and 42 U.S.C. § 3602(h), namely [DESCRIBE IMPAIRMENT AND FUNCTIONAL LIMITATIONS].

8.3. On or about [__/__/____], Plaintiff requested the following reasonable [accommodation in rules, policies, practices, or services / modification of the premises]: [DESCRIBE].

8.4. The requested accommodation or modification was necessary to afford Plaintiff an equal opportunity to use and enjoy the dwelling.

8.5. Defendants [refused / failed to respond to / imposed unreasonable conditions on] the request, in violation of Minn. Stat. § 363A.10 and 42 U.S.C. § 3604(f)(3)(A)–(B).

8.6. As a direct and proximate result, Plaintiff suffered the harms described below.

9. DAMAGES

9.1. Compensatory / actual damages: out-of-pocket losses, increased housing costs, moving and storage expenses, lost housing opportunity, mental anguish and suffering, and other consequential losses, in amounts to be proven at trial.

9.2. Treble damages: Up to three times the actual damages sustained, as determined by the jury, under Minn. Stat. § 363A.29, subd. 4 and § 363A.35.

9.3. Punitive damages: Available against private respondents under Minn. Stat. § 363A.29 / § 363A.35 (statutory cap removed by 2024 amendments; verify current limits) and under 42 U.S.C. § 3613(c)(1).

9.4. Civil penalties: Payable to the state under the MHRA, and HUD administrative penalties under the FHA, escalating for repeat violations.

9.5. Attorney's fees and costs: recoverable under Minn. Stat. § 363A.33, subd. 7 and 42 U.S.C. § 3613(c)(2).

9.6. Pre- and post-judgment interest as allowed by law.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendants, jointly and severally, and award:

• A. Compensatory damages according to proof;
• B. Treble compensatory damages under Minn. Stat. § 363A.29, subd. 4 and § 363A.35;
• C. Punitive damages;
• D. Civil penalties payable to the state as authorized by the MHRA;
• E. A declaratory judgment that Defendants' conduct violated the MHRA and the federal Fair Housing Act;
• F. Permanent injunctive and equitable relief enjoining further discrimination and requiring affirmative steps (sale/rental of the Property, the requested accommodation or modification, fair-housing training, and policy reform);
• G. Reasonable attorney's fees and costs under Minn. Stat. § 363A.33, subd. 7 and 42 U.S.C. § 3613(c)(2);
• H. Pre- and post-judgment interest; and
• I. Such other and further relief as the Court deems just and equitable.

11. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right, including the determination of treble and punitive damages, pursuant to Minn. Stat. § 363A.33, subd. 6.

12. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Minnesota that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that its contents are true and correct to the best of my knowledge, information, and belief. Minn. Stat. § 358.116.

Executed on [__/__/____] at [CITY], Minnesota.

[____]

[PLAINTIFF NAME]

13. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____]

[ATTORNEY NAME] (Atty. Reg. No. [______])

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, MN ZIP]

Telephone: [____]

Email: [____]

14. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a copy of the foregoing COMPLAINT on all parties or their counsel of record by [method — personal service / U.S. mail / E-Filing through the Minnesota Court System (MNCIS/eFS) per Minn. R. Civ. P. 5 and Minn. R. Gen. Prac. 14] at the addresses below. Where a charge was filed, a copy of the summons and complaint is also being mailed to the MDHR Commissioner per Minn. Stat. § 363A.33, subd. 3.

[SERVICE LIST]

[____]

[NAME / TITLE]

15. MINNESOTA PRACTICE NOTES

• Governing statute. The Minnesota Human Rights Act (MHRA), Minn. Stat. ch. 363A, governs housing/real-property discrimination. Section 363A.09 (real property), § 363A.10 (disability), and § 363A.16 (financing) define the unfair discriminatory practices.
• Protected classes (housing). Race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, and familial status (Minn. Stat. § 363A.02, subd. 1(2)). Minnesota's coverage of creed, marital status, status with regard to public assistance (which functions like a source-of-income protection for assistance recipients), sexual orientation, and gender identity materially exceeds the federal FHA.
• Enforcing agency (optional administrative route). The Minnesota Department of Human Rights (MDHR) accepts a verified charge within one (1) year of the discriminatory practice (Minn. Stat. § 363A.28, subd. 3). The one-year period is suspended while the parties engage in arbitration, conciliation, mediation, or grievance procedures. The MDHR investigates and makes a probable-cause determination, generally within one year.
• Court suit — no exhaustion required. A claimant may sue directly in district court under Minn. Stat. § 363A.33, subd. 1, or after MDHR proceedings (90 days after a dismissal/no-probable-cause notice, or after 45 days from filing if no hearing or conciliation agreement, then within 90 days of notice of intent). Filing a civil action terminates the MDHR proceeding (subd. 3).
• Cross-filing note. As of October 1, 2025, MDHR and the EEOC no longer cross-file; a claimant pursuing parallel federal-agency relief must file separately. Confirm current MDHR/HUD intake procedures.
• Federal limitations. HUD administrative complaint within one (1) year; private FHA suit within two (2) years (42 U.S.C. § 3610(a), § 3613(a)).
• Remedies. The MHRA authorizes compensatory damages up to three times actual damages, punitive damages against private respondents, civil penalties payable to the state, injunctive relief, and attorney's fees (Minn. Stat. § 363A.29, § 363A.33, § 363A.35). Jury trial is available and the jury now determines treble and punitive damages (2024 amendments). The FHA provides actual and uncapped punitive damages plus fees (42 U.S.C. § 3613(c)).
• Removal exposure. Pleading federal FHA counts creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441; consider pleading MHRA only to anchor in state court.
• Exemptions. Confirm whether any FHA exemption (42 U.S.C. § 3603(b)) or MHRA exemption applies; discriminatory-advertising prohibitions apply regardless.

16. SOURCES AND REFERENCES

• Minnesota Human Rights Act, Minn. Stat. ch. 363A — https://www.revisor.mn.gov/statutes/cite/363A/full
• Minn. Stat. § 363A.09 (real property) — https://www.revisor.mn.gov/statutes/cite/363a.09
• Minn. Stat. § 363A.28 (grievances; one-year charge) — https://www.revisor.mn.gov/statutes/cite/363a.28
• Minn. Stat. § 363A.33 (district court action; jury trial; fees) — https://www.revisor.mn.gov/statutes/cite/363a.33
• Minnesota Department of Human Rights — https://mn.gov/mdhr/
• 2024 MHRA amendments (Ch. 105) — Minnesota Revisor's Office; Jackson Lewis client alert (May 2024)
• Fair Housing Act, 42 U.S.C. § 3601 et seq. — https://www.hud.gov/helping-americans/fair-housing-act-overview
• 42 U.S.C. § 3613 (private civil action; 2-year SOL) and § 3617 (interference)
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact)
• HUD/DOJ Joint Statements on Reasonable Accommodations (2004) and Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Minnesota must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.