change the Minnesota State Building Code to diminish architectural aggression against homeless people.

 

The purpose of this bill is to stop architecture firms from creating new hostile architecture in Minnesota. The

Minnesota State Building Code will change to outlaw the building of hostile architecture by architecture firms. Local

city or county inspectors and city plan reviewers will not grant a building permit to any firm who is intending to build

hostile architecture. Hostile architecture should be outlawed due to its anti-homelessness nature.

 

Hostile architecture is designed to make public spaces exclusive to the privileged, with the infamous uncomfortable

spikes on doorways and ledges. Spikes and divisions have been implemented to prevent people from lying down and benches

have armrests designed to discourage unhoused individuals from using them. On a given night, 7,940 Minnesotans will

experience homelessness, according to 2020 data from the U,S. Department of Housing and Urban Development. Minnesota,

notably in Minneapolis and St. Paul, has participated in the building of hostile architecture, including features like

slanted benches on public transit, spikes on ledges, and seat dividers, designed to discourage public sleeping and

loitering. The St, Paul light rail currently has three slanted bench stops: Robert Street, Western Avenue, and Victoria

Street. In 2023, Minnesota passed the “Shelter Inhabitants’ Bill of Rights”, creating specific rights for individuals in

homeless shelters. However, there is a need to allocate to the needs of those not sleeping in shelters, but on the

street. The case of Matin v. Boise (2018) highlights the fact that anti-homelessness laws violate the Eighth Amendment,

which protects individuals from cruel and unusual punishment. The court ruled that anti-homelessness “violates the

Eighth Amendment insofar as it imposes criminal sanctions against homeless individuals for sleeping outdoors, on public

property, when no alternative shelter is available to them.” Therefore, preventing the construction of hostile

architecture is essential.

 

Homelessness: The lack of a fixed, regular, and adequate nighttime residence, which includes living in places not meant

for human habitation (like streets or cars), staying in emergency shelters, or being in a situation of imminent risk of

losing housing.

Hostile Architecture: design strategy that uses intentional features in public and private spaces to guide or restrict

human behavior. Common examples include slanted or divided benches.

Building permit: official approval from the local government that allows construction or renovation projects to proceed

legally.

Minnesota State Building Code:Minimum standard for building design, construction, and safety across the state,

superseding local codes.

Architecture firm: A business that provides professional architectural services, typically employing licensed architects

and other professionals to oversee projects from concept to completion.

 

Enforcement of architecture permits is currently funded through permit fees paid by builders and homeowners. These fees

are collected by local government building departments and are used to cover the costs of services such as plan review

and inspections.

When a building permit is issued, a fee is charged. This fee is based on the total valuation of the project and is

collected by the city or county. The cost of the permit is paid by the overall project bid by a contractor, who then

pays the fee to the municipality to obtain a permit. Permit fees are intended to cover the department's operational

costs, such as personnel salaries for plan reviewers, inspectors, and administrative staff.

 

Local jurisdictions must enforce the Minnesota State Building Code.

Architecture firms are fined $1,000 dollars a day when violating a permit. A stop-work order is immediately issued, and

the firm must demolish the structure. Repeated violations can result in a license revocation.

 

January 1, 2026