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275764 WHITE - 61TY CLERK '�INK' - FINANCE Y'' CANAR4' - q6PARTMENT G I TY O F SA I N T PA IT L COUIICII BLUE - IrSAYOR „ Flle N O. y�'�� ���� '4� � • � � � Ordin�nce orainance N 0. �C� �!�'7 � Presented By �'rnt Referred To Committee: Date Out of Committee By Date An ordinance amending Cha.pter 74 of the St. Pau1 Legislative Code to prohibit discrimination in housing and real estate on the basis of familial status. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. Section 74.02 of the St. Paul Legislative Code is hereby amended by the adding of subdivisions to read: N. Familial Status means the condition of one or more minors ein omici e wit a t eir aren or paren s or t e minor s ega guar ian or t e esi nee o� e aren or aren�s or ua.r ian wi t e written ermission o e arent or arents or guar ian. 0. Elderl erson means a erson who is at least years o age. Section 2. Section 74.02, subdivision D, of the St. Paul Legislative Code is hereby amended to read as follows: D. Discriminate or Discrimination includes all unequal treatment of any person by reason of race, creed, religion, color, sex, national origin or ancestry, familial status, age or disability; provided that t e imposl ion of a religious test as a bona fide condition of employment by a religious organization sha.11 not constitute discrimination. COUIVCILMEN Requested by Department of: Yeas Nays Hunt Levine [n Favor Maddox McMahon Showalter A gai n s t BY Tedesco �Ison Adopted by Council: Date Form A roved by City ey Certified Passed by Council Secretary B � BY Approved by Mayor: Date Approved by Mayor for Submission to Council By BY . . ' g �' a/���vJ � � � Pae2 Section 3. Section 74.05 of the St. Paul Legislative Code is hereby amended to read as follows: 74.05--Prohibited Acts in Housing. It shall be unlawful-- A. For any person to discriminate on grounds of race, creed, religion, color, sex, national origin or ancestry, familial status , age or disability in the sale, lease, or rental of any housing unit or units . B. For any broker, agent, salesman or other person acting in behalf of another to so discriminate in the sale, lease, or rental of any housing unit or units belonging to such other person. C. For any person engaged in the business of financing the purchase, rehabilitation, remodeling or repair of housing units to refuse to provide such financing or insurance or to discriminate with regard to the the terms or conditions thereof by reason of the race, color, sex, religion, creed, national origin or ancestry, familial status , age or disability of the applicant or ecause o the location of the unit or units in areas of the city occupied by persons of a particular race, color, sex, religion, creed, national origin or ancestry, familial status, age or disability; or to discriminate y tre ating differently any person or group of persons who desire to purchase, lease, acquire, construct, rehabilitate, repair or maintain real property in a specific urban area because of 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 any such financial assistance or in the extension of services in connection therewith. Additionally, all persons engaged in the commercial activities stated herein shall post a sign in their establishments , readily viewable by members of the public, which shall quote the sections of this ordinance which apply to the business transacted therein and state that complaints may be referred to the St. Paul Department of Human Rights . The bona fide programs of federal, state or local governmental units or agencies however structured or authorized, to upgrade or improve in any manner a specific urban area shall not be deemed to be a violation of this section. (Amended ord. 15746, Dec. 10, 1974) . , �;:�-�M-�'�i-� � . . o+r�; ���''d' �;�.�',� , , . � Page 3 D. For any person, having sold, leased, or rented a housing unit or units to any person, to dis- criminate with respect to facilities , services, or privileges of occupancy by reason of race, color, sex, creed, religion, national origin or ancestry, familial status, age or disability, exce �t that not i�in t is clause shall be con- strue to rofiib'it t i'�e ado tion o reasona�le ru es an re u ations inten e to rotect t e safet o minors in t eir use o t e rea ro ert or an aci ities or services urnis e in connection t erewith. E. For any person to make or publish any statement evidencing an intent to discriminate, on grounds of race, creed, religion, color, sex, national origin or ancestry, familial status , age or disability, in the sale, lease, or renta o a housing unit or units , 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 placin� the advertisement reasonably believes that the provisions of this section prohibitin� discrimination because of familial status do not applv to the dwellin� unit. F. For any person to make any inquiry regarding race, color, sex, creed, religion, national origin or ancestry, familial status, age or disability, or to keep any recor or use any form of application designed to elicit such informa.tion, in connection with the sale, lease, rental, or financing of a housing unit or units, exce t that nothin in this clause shall be construe to ro i it in uir or recor s re ar in ami ia status i t e erson makin ln uir reasona e ieves t at t e rovisions o t is section ro i itin iscrimination ecause o ami ia status o not app y to t e we ing unit. G. For any person, for the purpose of inducing a real estate transaction from which he ma.y benefit financially, (1) To represent that a change has occurred or will or may occur in the composition of the block, neighborhood, or area in which the property is located, in respect of the race, color, sex, creed, religion, national origin or ancestry, familial status, age or disability of those living t ere; or (2) To represent that this change will or �nay result in the lowering of property values, an increase in crime, or antisocial behavior, or a decline in the quality of schools in the block, neigh- borhood, or area concerned. � ' . , ' . • Page 4 � ���� ' �, �t� d�� H. Nothing in this chapter shall be construed to require any person or group of persons selling, renting or leasing property 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 con- ditions , including financial obligations of such lease, agreement or contract. I . Notwithstandin the rovisions of an law or ordinance to t e contrar , no erson s al e eemed ta ave committe an un air iscriminator ractice ase upon a e i the un air discriminator ractice a le ed is attempted or accomplished or the purpose of o taining or maintainin one of the exem tions rovided for a dwelling unit provided for in Section 74.0 A. Section 4. Chapter 74 of the St. Paul Legislative Code is hereby amended by the addition of the following Section 74.05A: 74.05A. Housin� Exemptions. The�ovisions of Section proF�ii�iting discrimination ecause o amiliaTs�atus s a not e construe to e eat t e app ica i i y o any , oca , state or e era restrictions regar ing e ma.ximum num er o occupants permi e o occupy a we ing uni an s a no app y o: (a) any unoccupied dwelling unit in one building of a Fiousing comp ex consis ing o wo ui13'ings or, in a ousing comp ex consis ing o t ree or more ui ings, any unoccupie we ing uni in up o one- ir o a 1 ui ings in e ousing comp ex. or e purposes o this c aus�, ousing comp ex means a group o ui ings eac containing ive or more uni s on a con ignous parce o an owne y t e same person, ui ing s a no e exemp pursuan to is c ause un ess e owner as i ed an e ection to esignate t e ui ing as exemp wit e innesota uman ig ts ommission, pursuan o inneso a tatutes , ection ; or (b) any unit in a condominivm created prior to the effective ate o is or inance, any uni in a con ominivm, ot er t an a con ominium converte rom a resi entia we ing, create on or a ter t e e ective ate o t is or inance, an any unit in an a u ts-on y con ominium create rom an existing a u ts-on y renta ui ing on or a er e e ec ive a e o is or inance; or . ► , � ' ���� 1 �rj �i � Page 5 (c) an unoccupied dwelling unit in any building in which at least a majority of the d�aelling units are occupied by elderly persons or are unoccupied and available for occupancy solely by households of which at least one member is an elderly person; or (d) any owner occupied buildinq containing four or fewer dwelling units; or (e) an unoccupied unit in any building which is the subject of a valid certificate filed with the Minnesota Commissioner of Human Riqhts pursuant to Minnesota Statutes , Section 363.02, subd. 2; or (f) any unoccupied dwelling unit of up to one-third of the units in a buildina that is not part of a multi- building complex and for which the owner has filed an election to designate the unit as exempt with the Director of_ the St. Paul Human Rights Department. Section 5 . Section 74 . 10 , subdivision A, of the St. paul Legislative Code is hereby amended to read as follows : 74 .10--Human Rights Department--Duties. There is hereby created a Department of Human Rights, under . the direction of a Director of Human Rights , appointed by the P?ayor with the consent of the Council, to serve at their pleasure, from a list of three nominees presented by the Commission created in Section 10 hereof on the basis of inerit and professional qualifications . The Director shall be in the unclassified service. The Director shall have general supervision over all nrograms of the city with respect to human and civil rights, subject to policies established by the Mayor, and shall , without limitation hy their enumeration, have the following specific powers and duties: A. To foster, through education, conciliation and persuasion, the preparation of legislation and policies for action by governmental and nrivate units , and through such other methods as he shall deem fit, the maximum possible degree of equal opportunities and equal rights for all persons, regardless of race, creed, religion, color, sex, national origin or ancestry, familial status, age or disability. WHITE 1 -CITY CLERK PFNIS� - FINANCE CANARY �- �DEPARTMENT G I TY OF SA I NT PAU L COUI1C11 / . BLUE . - MAYOR � Flle N O.._.� ���/ • � rdin�nce ordinance N0. l !O /�� Presented By • 4 , /Ir`� Referred To Committee: Date Out of Committee By Date Page 6 Section 6 . This ordinance shall take effect and be a,n force thirty (30) days from and afterits passage, approval and publication, except that this act sha11 not apply to adult- only residential buildings which are exempt under the provisions of 1980 Minnesota Session Laws, Chapter 531, Section 11. COUIVCILMEN Requested by Department of: Yeas Nays Hunt � Levine In Favor Maddox McMahon � Showalter 0 Against BY �riseee� Wilson Adopted ouncil: Date N0� � 3 iQ�o Form A oved ity Attorney . C ied Pass y Counc' cretary B Ap o by Mayor. te � � �_ A proved by Mayor for Submission to Council By BY �j�$��� ;�:i.; � 2 .� �i`.:t"v� =.:-:;-_.-�.� CITY' OF �.�1z�7'� '���TJL �,�' ����- . {r''.�'-4`=�v' _ ,�^ - �� �j �`�-� OFI�:[L`E OF THL CI�.L'�" CO�C7NCIr� U ��� , a � s-�� �. � �: f i � ��� . `.;._ ��� , � �� : 4 ,�� Da t e . October 21 , 1980 '�-���x-_:.� �iV �dl �� il � � C. �u �. � � � � TO : �aint Paui Cit*� Council FRO [1l� � CO�ti�7it�TE'° O�1 Legislation . William L. Wilson, , choirman, makes the fvtla4^�ing repori on C. F. 275764 � Ordinance [] Resolui�ion � �] Ofiher • � ��L� : AN ORDINANCE AMENDING GHAPTER 74 OF THE LEGISLAT-IVE CODE TO PROHIBIT DISCRIMINATION IN HOUSING AND REAL ESTATE ON THE BASIS OF FAMILIAL STATUS, - The-k�egislation Committee at its October 21 , 1980 meetiflg recommended _ approval of C.F. 275764 with the following two amendments: Section 4. 74.05A(f) Add: "and for which the owner has filed an election � � to designate the unit as exempt with the . Director of the St. Paul Human Rights Department." Section 6. Delete everything after: "adults only residential buildings" . Add: "which are exempt for a period specified in 1980 - • Minnesota�Sess•ion Law Chapter 531 Section 11". CITY N_ALL SES'F.NT�-I FLOOF? S:1ItiT PAUF, bII\`ES'JTrI 5�102 '` •�J . .. . .. ..:. . :. ... ... . . . .. I . . . ... . �.� . '.. .. . � �,. . � .. . . . . , . .. .. �.. . - �..'. , . .. .. . . � :� � - . . . . . ... . . . .. .,.' . . .. �; . . . : :. , �.. 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'.� . .. � . ;'.F - . . . . � . � - .. . . . - ' ` �Q'�tibl�' 1 f Y7�+�+ � , . � ' � � , - . . , ,: � Co�iL�s►n Bill Wilson , , ; ' Ctie�r�r►, LE�.t�lstioa Co�i.�tee ' ,, � _ ?'t2� F14c>r, Cit� �11 � � - •4 > . � �ur t�ciLan Wil�c�s . , . . . _; , � . , . < , � City Cau�cil referrad #}o th� I�61slation Co�ittee for cot� . �si8�rst�.on and recwome.adation! aet ordinetnc�, C.�'.' 2?57�64 f aoetldi�tg . , Chapter 74 of ;the Leg�ilati}re Cod� ta prc�ii.blt dii�crimitial:ic� ia , , � . hOUS�g snd z�ea]. ests� oa the bss�a o! f�f21a1 st.�►�us. . , _ - , ; � �, � V�='Y '�'�Y Y��. _- : , . ; �' - _ ; _ � . � . , _ , . : Roae Mix � ' " . � - City'Clerk ; : r: - � _ - _ . ;_ • . .. �-. . i . , . . t _ ABOt�.s � ��' At'�h. , _ - . , i , . , � . , ,s. �` : , _ � ., . : : , : �. , : = , . � , ,. � � , . � _ y , �� .. . , . . , : � � .. - � . - � � . � � .. � � ... . . . _ , . - . .. ...� � , . . r� .. . . � . � : . .. . . .- . � - . . .� .. . . � � . . .. , . � . . i . . .. .. . . . � . ,. . . . . .. � . . , ��. >, �. .. . . - . ',� . . . : . , . C Y.::j _ , � � . . .• ' Page 5 r, m, � . �. ��r��b (c) an unoccu ied dwellin unit in an buildin in which at east a ma orit o t e we in units are occu ied e er ersons or are unoccu ie an avai a e or occu anc so e ouse o s o w ic at east one member s an e er erson• or (d) any owner occupied building containing four or fewe dwel�in units • or ( an unoccu ied unit in an buildin which is the sub'ect a va i certi icate i e wit t e Minnesota ommissio er o Human Ri ts ursuant to Minnesota tatutes Section 0 su d. • or f an noccu ied dwellin unit of u to one-third of the units in uildin that is not art of a multi- building complex. Section 5 . Section 4. 10, subdivision A, of the St. Paul Legislative Code is hereby ended to read as follows: 74. 10--Human Rights Depa tment--Duties . There is hereby created a partment of Human Rights, under the direction of a Director Hvman Rights , appointed by the Mayor with the consent f the Council, to serve at their pleasure, from a list f three nominees presented by the Commission created in Sec ' on 10 hereof on the basis of inerit and professional qualifi tions . The Director shall be in the unclassified servic . The Director shall have general supervision over all pr rams of the city with respect to human and civil rights, sub'ect to policies established by the Mayor, and shall, wi out limitation by their enumeration, have the following ecific powers and duties: A. To foster, through education, conciliati n and persuasion, the preparation of legislattion and polic s for action by governmental and private units, and thr gh such other methods as he shall deem fit, the maxi um possible degree of equal opportunities ancl equal right for all persons, regardless of race, creed, religi , color, sex, national origin or ancestry, familial�•,,status, age or disability. WHITE - CITY CLERK � '�J�.�➢� PINK - FINANC� COUI1C11 - ��• V ��� CANARY - DEPART ENT G I TY O F SA I N T PA U L BLUE - MAYOR File N O. . . •♦ , • in�nce ordinance N�. , � , Presented By Referred To Committee: Date Out of Committee By Date Page 6 � Se` ion 6. This ordinance sha.11 take effect and be in force thr (30) days from and after its passage, approval and publicat' n, except that this act shall not apply to adult- only residenti buildings until either all the written leases in effect on the fective date of this act pertaining to rental units within these ildings ha.ve, by their terms, expired, or until two years fr the effective date of this act, whichever occurs earlier. � �, COUIVCILMEIV Requested by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon Showalter Against BY Tedesco Wilson Adopted by Council: Date Form Approved by ity At ney Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By BY �.....,,,��.�,�r,. a � 5��: / __R�;w��T• �:�;,, CITY OF SAINT PAUL ;; � i% OFFICE OF THE CITY ATTORNEY ;� �u��i�im b; `� O1 1°" �= EDWARD P. STARR, CITY ATTORNEY , ,� _ ,e,. ,. 647 City Hall,Saint Paul, Minnesota 55102 ` ��� 612-298-5121 GEORGE LATIMER MAYOR October 23, 1980 M E M 0 R A N D U M TO: COUNCILMAN BILL WILSON FR: JOHN PAUL MARTI � Deputy City Attor y RE: Amendments to $,e islative Code, Chapter 74. Attaehed please find newly drafted pages 5 and 6 of Ordinance C. F. 275764, which was referred to the Legislation Committee. The attached pages contain the two aanendanents to C. F. 275764 which were discussed in your committee. As previously submitted, the ordinance which prohibits discrimi- nation on the basis of familial status was virtually identical to those provisions relating to discrimination based on familial status in 1980 Laws of Minnesota, Chapter 531. As you know, the first amendment passed by the committee departs from Chapter 531 in that it requires filing of an election to designate certain units of a building as adults only with the Director of the St. Paul Human Rights Department. The second amendment considered in Committee I have changed, with your permission, to avoid any confusion in determining the effective date. It now reads " . . that this act shall not apply to adult only residential�buildings which are exempt under the provisions of 1980 Minnesota Session Laws, Chapter 531, Section 11. " As to adult-only buildings, the effective date of the ordinance will be tied to that of the statutes. If you have any questions regarding these changes, please contact me. ��:.��� \ . - � _ . . � .. � � � , ,� � � _ ya -�3 �� _ ,f , lst "_" ��1 2nd ► �. � 3rd �d '��� Adopted /�- / �- �(� / - .;�� � Ye S ^ Nays - ° HUNT � ��a� . LEVINE y �5�s� � McMAHON � SHOWALTER TEDESCO WI L S OPl ' PRESIDENT (MADDOX) i M ;� � _ �.-.`' ��-• .��. .