Minn. Stat. § 363A § 363A.07
LOCAL COMMISSIONS.
Operative Text
Subdivision 1.Jurisdiction of county commissions. If a county or group of counties creates a local commission, the commission does not have jurisdiction over any part of the county that is within the jurisdiction of a local commission created by city charter or municipal ordinance. Subd. 2.Referral from commissioner. The commissioner, whether or not a charge has been filed under this chapter, may refer a matter involving discrimination because of race, color, religion, sex, gender identity, creed, disability, marital status, status with regard to public assistance, national origin, age, sexual orientation, or familial status to a local commission for study and report. Upon referral by the commissioner, the local commission shall make a report and make recommendations to the commissioner and take other appropriate action within the scope of its powers. Subd. 3.Referral to commissioner. A local commission may refer a matter under its jurisdiction to the commissioner. The charging party has the option of filing a charge either with a local commission or the department. Notwithstanding the provisions of any ordinance or resolution to the contrary, a charge may be filed with a local commission within one year after the occurrence of the practice. The exercise of such choice in filing a charge with one agency shall preclude the option of filing the same charge with the other agency. At the time a charge comes to the attention of a local agency, the agency or its representative shall inform the charging party of this option, and of the party's rights under Laws 1967, chapter 897. Where this chapter provides additional protections and remedies not provided for under a local antidiscrimination ordinance, the local commission shall advise a party bringing a charge under a local ordinance of those additional protections and remedies and of the option to file a charge under this chapter. The term "local commission" as used in this subdivision has the same meaning given the term in section 363A.03, subdivision 23. Subd. 4.Withdrawal from local commission. Notwithstanding the provisions of any law or ordinance to the contrary, a person who has filed a charge with a local commission may bring a civil action as provided in section 363A.33 at the following times: (1) within 90 days after receipt of notice that the local commission has determined that there is no probable cause to credit the allegations contained in the charge; receipt of notice is presumed to be five days from the date of service by mail of the written notice; or (2) after 45 days from the filing of the charge if a hearing has not been held or if the local commission has not entered into a conciliation agreement to which the charging party is a signator. The charging party shall notify the local commission of an intention to bring a civil action, which shall be commenced within 90 days of giving the notice. A charging party bringing a civil action shall mail by registered or certified mail a copy of the summons and complaint to the local commission and upon their receipt the local commission shall terminate all proceedings before the local commission relating to the charge. No charge shall be filed or reinstituted with the local commission after a civil action relating to the same unfair discriminatory practice has been brought unless the civil action has been dismissed without prejudice.
Minnesota Statutes § 363A.07 establishes how local human-rights commissions interact with the state Department of Human Rights when handling discrimination complaints. County commissions cannot exercise authority over areas already covered by a city-level commission, and the state commissioner may refer discrimination matters to local commissions—or vice versa—for study and action. Importantly, a person filing a discrimination charge must choose either the local commission or the state department, and filing with one forecloses filing the same charge with the other. If a local commission does not act within certain timeframes, the charging party retains the right to pursue a civil lawsuit instead.
Plain English — not legal advice.
Under Minn. Stat. § 363A.07, property owners and managers should be aware that discrimination complaints related to housing can be filed either with a local human-rights commission or with the Minnesota Department of Human Rights, but not both for the same charge. Compliant operators generally maintain clear records of any notices or charges received, since the statute sets specific deadlines—such as a 45-day window before a charging party may escalate to civil court—that can affect how proceedings unfold. Operators should also understand that where state law offers broader protections than a local ordinance, the local commission is required to inform complainants of those additional remedies, which may expand the scope of a matter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Minn. Stat. § 363A.07 gives individuals who believe they have experienced housing discrimination the ability to file a charge with either a local human-rights commission or the Minnesota Department of Human Rights, but filing with one agency means the same charge cannot be filed with the other. If a local commission finds no probable cause, tenants generally have 90 days from receiving that notice to file a civil action; alternatively, if no hearing has been held after 45 days, a civil action may also become available. Tenants can consult a tenant-rights organization or legal aid office to better understand which filing option and timeline may apply to their situation under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 2, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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