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Minnesota Legislature

Office of the Revisor of Statutes

363A.09 UNFAIR DISCRIMINATORY PRACTICES RELATING TO REAL PROPERTY.
    Subdivision 1. Real property interest; action by owner, lessee, and others. It is an unfair
discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent of, or other
person having the right to sell, rent or lease any real property, or any agent of any of these:
(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or group
of persons any real property because of race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, sexual orientation, or familial status; or
(2) to discriminate against any person or group of persons because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or
lease of any real property or in the furnishing of facilities or services in connection therewith,
except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules
intended to protect the safety of minors in their use of the real property or any facilities or services
furnished in connection therewith; or
(3) in any transaction involving real property, to print, circulate or post or cause to be printed,
circulated, or posted any advertisement or sign, or use any form of application for the purchase,
rental or lease of real property, or make any record or inquiry in connection with the prospective
purchase, rental, or lease of real property which expresses, directly or indirectly, any limitation,
specification, or discrimination as to race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, sexual orientation, or familial status, or
any intent to make any such limitation, specification, or discrimination except that nothing in
this clause shall be construed to prohibit the advertisement of a dwelling unit as available to
adults-only if the person placing the advertisement reasonably believes that the provisions of this
section prohibiting discrimination because of familial status do not apply to the dwelling unit.
    Subd. 2. Real property interest; action by brokers, agents, and others. It is an unfair
discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent
thereof:
(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property to
any person or group of persons or to negotiate for the sale, rental, or lease of any real property
to any person or group of persons because of race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance, disability, sexual orientation, or familial
status or represent that real property is not available for inspection, sale, rental, or lease when in
fact it is so available, or otherwise deny or withhold any real property or any facilities of real
property to or from any person or group of persons because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, disability, sexual orientation,
or familial status; or
(2) to discriminate against any person because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial
status in the terms, conditions or privileges of the sale, rental or lease of real property or in the
furnishing of facilities or services in connection therewith; or
(3) to print, circulate, or post or cause to be printed, circulated, or posted any advertisement
or sign, or use any form of application for the purchase, rental, or lease of any real property or
make any record or inquiry in connection with the prospective purchase, rental or lease of any real
property, which expresses directly or indirectly, any limitation, specification or discrimination
as to race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation, or familial status or any intent to make any such
limitation, specification, or discrimination except that nothing in this clause shall be construed to
prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the
advertisement reasonably believes that the provisions of this section prohibiting discrimination
because of familial status do not apply to the dwelling unit.
    Subd. 3. Real property interest; action by financial institution. It is an unfair
discriminatory practice for a person, bank, banking organization, mortgage company, insurance
company, or other financial institution or lender to whom application is made for financial
assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance
of any real property or any agent or employee thereof:
(1) to discriminate against any person or group of persons because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation, or familial status of the person or group of persons or of the prospective
occupants or tenants of the real property in the granting, withholding, extending, modifying or
renewing, or in the rates, terms, conditions, or privileges of the financial assistance or in the
extension of services in connection therewith; or
(2) to use any form of application for the financial assistance or make any record or inquiry
in connection with applications for the financial assistance which expresses, directly or indirectly,
any limitation, specification, or discrimination as to race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial
status or any intent to make any such limitation, specification, or discrimination; or
(3) to discriminate against any person or group of persons who desire to purchase, lease,
acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural area or
any part thereof solely because of the social, economic, or environmental conditions of the area in
the granting, withholding, extending, modifying, or renewing, or in the rates, terms, conditions, or
privileges of the financial assistance or in the extension of services in connection therewith.
    Subd. 4. Real property transaction. It is an unfair discriminatory practice for any real
estate broker or real estate salesperson, for the purpose of inducing a real property transaction
from which the person, the person's firm, or any of its members may benefit financially, to
represent that a change has occurred or will or may occur in the composition with respect to race,
creed, color, national origin, sex, marital status, status with regard to public assistance, sexual
orientation, or disability of the owners or occupants in the block, neighborhood, or area in which
the real property is located, and to represent, directly or indirectly, that this change will or may
result in undesirable consequences in the block, neighborhood, or area in which the real property
is located, including but not limited to the lowering of property values, an increase in criminal or
antisocial behavior, or a decline in the quality of schools or other public facilities.
    Subd. 5. Real property full and equal access. It is an unfair discriminatory practice for
a person to deny full and equal access to real property provided for in sections 363A.08 to
363A.19, and 363A.28, subdivision 10, to a person who is totally or partially blind, deaf, or has a
physical or sensory disability and who uses a service animal, if the service animal can be properly
identified as being from a recognized program which trains service animals to aid persons who
are totally or partially blind or deaf or have physical or sensory disabilities. The person may not
be required to pay extra compensation for the service animal but is liable for damage done to
the premises by the service animal.
    Subd. 6. Real property interest; interference with. It is an unfair discriminatory practice
for a person to coerce, intimidate, threaten, or interfere with a person in the exercise or enjoyment
of, or on account of that person having exercised or enjoyed, or on account of that person
having aided or encouraged a third person in the exercise or enjoyment of, any right granted or
protected by this section.
History: 1955 c 516 s 5; 1961 c 428 s 5; 1965 c 585 s 2; 1965 c 586 s 1; 1967 c 897 s 12-16;
1969 c 9 s 80; 1969 c 975 s 3-5; 1973 c 296 s 1; 1973 c 729 s 3,16; 1974 c 354 s 1; 1975 c 206 s
2-5; 1977 c 351 s 5-7; 1977 c 408 s 3; 1980 c 531 s 4; 1980 c 540 s 1,2; 1981 c 330 s 1; 1982 c
517 s 8; 1983 c 216 art 1 s 59; 1983 c 276 s 7-10; 1984 c 533 s 2,3; 1985 c 248 s 70; 1986 c
444; 1987 c 23 s 3; 1987 c 129 s 3; 1987 c 141 s 2; 1987 c 245 s 1; 1988 c 660 s 4; 1989 c 280 s
9-14,21; 1990 c 567 s 3-6; 1992 c 527 s 12-16; 1993 c 22 s 8-15; 1993 c 277 s 5-7; 1994 c 630
art 12 s 1; 1995 c 212 art 2 s 10; 1997 c 171 s 1; 2001 c 186 s 1; 2001 c 194 s 2

NOTE: Any statutory exemptions to this section are covered under sections 363A.21,
363A.22, and 363A.26.