1.1                          A bill for an act 
  1.2             relating to landlords and tenants; clarifying the 
  1.3             application of housing discrimination law with respect 
  1.4             to section 8 housing; amending Minnesota Statutes 
  1.5             1998, section 363.02, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 363.02, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [HOUSING.] (1) The provisions of section 363.03, 
  1.10  subdivision 2, shall not apply to: 
  1.11     (a) rooms in a temporary or permanent residence home run by 
  1.12  a nonprofit organization, if the discrimination is by sex; 
  1.13     (b) the rental by a resident owner or occupier of a 
  1.14  one-family accommodation of a room or rooms in the accommodation 
  1.15  to another person or persons if the discrimination is by sex, 
  1.16  marital status, status with regard to public assistance, sexual 
  1.17  orientation, or disability.  Except as provided elsewhere in 
  1.18  this chapter or other state or federal law, no person or group 
  1.19  of persons selling, renting, or leasing property is required to 
  1.20  modify the property in any way, or exercise a higher degree of 
  1.21  care for a person having a disability than for a person who does 
  1.22  not have a disability; nor shall this chapter be construed to 
  1.23  relieve any person or persons of any obligations generally 
  1.24  imposed on all persons regardless of any disability in a written 
  1.25  lease, rental agreement, or contract of purchase or sale, or to 
  2.1   forbid distinctions based on the inability to fulfill the terms 
  2.2   and conditions, including financial obligations of the lease, 
  2.3   agreement, or contract; or 
  2.4      (c) the rental by a resident owner of a unit in a dwelling 
  2.5   containing not more than two units, if the discrimination is on 
  2.6   the basis of sexual orientation.  
  2.7      (2) The provisions of section 363.03, subdivision 2, 
  2.8   prohibiting discrimination because of familial status shall not 
  2.9   be construed to defeat the applicability of any local, state, or 
  2.10  federal restrictions regarding the maximum number of occupants 
  2.11  permitted to occupy a dwelling unit and shall not apply to: 
  2.12     (a) any owner occupied building containing four or fewer 
  2.13  dwelling units; or 
  2.14     (b) housing for elderly persons.  "Housing for elderly 
  2.15  persons" means housing:  
  2.16     (i) provided under any state or federal program that the 
  2.17  commissioner determines is specifically designed and operated to 
  2.18  assist elderly persons, as defined in the state or federal 
  2.19  program; 
  2.20     (ii) intended for, and solely occupied by, persons 62 years 
  2.21  of age or older; or 
  2.22     (iii) intended and operated for occupancy by at least one 
  2.23  person 55 years of age or older per unit, provided that:  
  2.24     (A) at least 80 percent of the units are occupied by at 
  2.25  least one person 55 years of age or older per unit; and 
  2.26     (B) there is publication of, and adherence to, policies and 
  2.27  procedures that demonstrate an intent by the owner or manager to 
  2.28  provide housing for persons 55 years of age or older. 
  2.29     Housing does not fail to meet the requirements for housing 
  2.30  for elderly persons by reason of persons residing in the housing 
  2.31  as of August 1, 1989, who do not meet the age requirements of 
  2.32  clauses (b)(ii) and (b)(iii) if new occupants of the housing 
  2.33  meet the age requirements of clause (b)(ii) or (b)(iii).  In 
  2.34  addition, housing does not fail to meet the requirements by 
  2.35  reason of unoccupied units if unoccupied units are reserved for 
  2.36  occupancy by persons who meet the age requirements of clause 
  3.1   (b)(ii) or (b)(iii).  
  3.2      (3) The provisions of section 363.03, subdivision 2, or any 
  3.3   other state or local law prohibiting discrimination because of 
  3.4   status with regard to public assistance may not be construed to 
  3.5   require participation in the section 8 program under section 8 
  3.6   of the United States Housing Act of 1937, United States Code, 
  3.7   title 42, section 1437f, or in similar housing programs, nor 
  3.8   construed to apply where nonparticipation in such programs is 
  3.9   part of a general business practice. 
  3.10     Sec. 2.  [EFFECTIVE DATE.] 
  3.11     Section 1 is effective retroactively to August 1, 1973.