Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 291-S.F.No. 2230 
                  An act relating to human rights; modifying the 
                  definition of housing for the elderly; amending 
                  Minnesota Statutes 1996, section 363.02, subdivision 2.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 363.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  [HOUSING.] (1) The provisions of section 363.03, 
        subdivision 2, shall not apply to: 
           (a) rooms in a temporary or permanent residence home run by 
        a nonprofit organization, if the discrimination is by sex; 
           (b) the rental by a resident owner or occupier of a 
        one-family accommodation of a room or rooms in the accommodation 
        to another person or persons if the discrimination is by sex, 
        marital status, status with regard to public assistance, sexual 
        orientation, or disability.  Except as provided elsewhere in 
        this chapter or other state or federal law, no person or group 
        of persons selling, renting, or leasing property is required to 
        modify the property in any way, or exercise a higher degree of 
        care for a person having a disability than for a person who does 
        not have a disability; nor shall this chapter be construed to 
        relieve any person or persons of any obligations generally 
        imposed on all persons regardless of any disability in a written 
        lease, rental agreement, or contract of purchase or sale, or to 
        forbid distinctions based on the inability to fulfill the terms 
        and conditions, including financial obligations of the lease, 
        agreement, or contract; or 
           (c) the rental by a resident owner of a unit in a dwelling 
        containing not more than two units, if the discrimination is on 
        the basis of sexual orientation.  
           (2) The provisions of section 363.03, subdivision 2, 
        prohibiting discrimination because of familial status shall not 
        be construed to defeat the applicability of any local, state, or 
        federal restrictions regarding the maximum number of occupants 
        permitted to occupy a dwelling unit and shall not apply to: 
           (a) any owner occupied building containing four or fewer 
        dwelling units; or 
           (b) housing for elderly persons.  "Housing for elderly 
        persons" means housing:  
           (i) provided under any state or federal program that the 
        commissioner determines is specifically designed and operated to 
        assist elderly persons, as defined in the state or federal 
        program; 
           (ii) intended for, and solely occupied by, persons 62 years 
        of age or older; or 
           (iii) intended and operated for occupancy by at least one 
        person 55 years of age or older per unit, provided that:  
           (A) there are significant facilities and services 
        specifically designed to meet the physical or social needs of 
        older persons, or if the provision of these facilities and 
        services is not practicable, that the housing is necessary to 
        provide important housing opportunities for older persons; 
           (B) at least 80 percent of the units are occupied by at 
        least one person 55 years of age or older per unit; and 
           (C) (B) there is publication of, and adherence to, policies 
        and procedures that demonstrate an intent by the owner or 
        manager to provide housing for persons 55 years of age or older. 
           Housing does not fail to meet the requirements for housing 
        for elderly persons by reason of persons residing in the housing 
        as of August 1, 1989, who do not meet the age requirements of 
        clauses (b)(ii) and (b)(iii) if new occupants of the housing 
        meet the age requirements of clause (b)(ii) or (b)(iii).  In 
        addition, housing does not fail to meet the requirements by 
        reason of unoccupied units if unoccupied units are reserved for 
        occupancy by persons who meet the age requirements of clause 
        (b)(ii) or (b)(iii).  
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective on the day following final enactment.
           Presented to the governor March 16, 1998 
           Signed by the governor March 18, 1998, 10:09 a.m.