The Minnesota Court of Appeals has ruled in favor of Housing First Minnesota member Todd Geske in a dispute over the Minnesota Department of Labor and Industry’s (DLI) interpretation of the State Building Code, finding that DLI violated the Minnesota Administrative Procedure Act.
At issue in Geske v. Minnesota Department of Labor and Industry was whether DLI improperly enforced an unadopted rule during its investigation of a home Geske inspected for MetroWest Inspection Services. DLI had required that airflow at every supply register and return in single-family homes be balanced within ±10% of the design airflow—a standard not formally adopted into rule.
The dispute originated with an October 2022 State Building Code Appeals Board hearing to determine whether Geske properly closed a building permit on a home he inspected. Geske applied ACCA Standard 5, which allows for a ±20% variation in airflow balancing, as the industry-recognized standard. DLI argued instead that Section 309.2.1 of the Minnesota Mechanical Code applied, which allows only a ±10% variation at each register in the single-family dwelling. Geske maintained that Section 309.2.1 governs mechanical ventilation systems providing fresh air at the point of exhaust, not air distribution systems for heating and cooling at the register level.
An administrative law judge upheld the Appeals Board’s decision in June 2023. Geske appealed, and the Court of Appeals heard arguments in July 2025. Housing First Minnesota filed an amicus brief supporting Geske’s position and outlining the potential impact of DLI’s unpromulgated rule on the Minnesota residential building community and attended the hearing.
In its decision, the Court said: “DLI is enforcing an unpromulgated rule” in interpreting and applying Section 309.2.1 of the 2015 Minnesota Mechanical Code to require specific room-level airflow balancing in residential single-family dwelling. Because DLI was enforcing an ambiguous unpromulgated rule, the Court invalidated the rule.
The Department of Labor and Industry has not indicated whether it will appeal the ruling.
Felhaber Larson attorneys Chris Boline and Lauren Janochoski filed Housing First Minnesota’s amicus brief in Geske’s appeal, noting that the “Court of Appeals’ decision provides stability for Minnesota’s single-family housing industry at a time when secure and affordable housing is in high demand. This decision affirms the industry’s understanding of the code consistent with prior enforcement, allowing builders and remodelers to confidently continue serving Minnesota’s competitive housing market.”
Members with questions about this post should contact Nick Erickson, senior director of housing policy.
