Minnesota Supreme Court to hear rental limit arguments

30-percent rule
A property located near the Winona State University campus that was for sale because it could not be rented out due to the "30 percent rule."
Alex Kolyer/For MPR News, file

The Minnesota Supreme Court on Tuesday agreed to hear objections to a city of Winona law that limits how many homeowners on a given block can rent their properties.

Earlier this year, the Minnesota Court of Appeals upheld the law, which allows only 30 percent of the homes on a block to be rental properties.

A group of Winona homeowners appealed the decision, arguing it's not the city's job to limit the number of homeowners who want to rent their properties.

Anthony Sanders, an attorney with the Institute for Justice, who represents the homeowners, said the decision by the state's highest court to hear the case is significant.

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"The fact that they have taken this case means that they are taking our arguments very seriously and that they see that this is a major issue of statewide impact, whether or not you have a right to rent out your own home when you're not harming anyone else," Sanders said.

Winona city leaders passed the rule in 2005 to control the number of homes being used as rentals near the Winona State University campus. Since then, other Minnesota cities have passed similar caps on rentals, including Mankato, Northfield and West. St. Paul.

Supporters of the 30-percent rule say it's helped stabilize the neighborhoods closest to the university, where many homes are used as rental properties.

But Sanders said the city cannot limit the number of homeowners who want to rent their properties. "We hope to secure a ruling that protects people's rights to do something that people have done with their property for centuries," he said.