Section 8.08
Subd 1. DECLARATION OF POLICY. Racial, marital status, status with regard to public assistance, disability, sex and religious discrimination in housing, public accommodations and public services adversely affects the health, welfare, peace and safety of the community. Persons subject to such discrimination suffer depressed living conditions, poverty and lack of hope, injuring the public welfare, placing a burden upon the public treasury to ameliorate the conditions thus produced and creating conditions which endanger the public peace and order. The public policy of the City of Tracy is declared to be to foster equal opportunity for all to obtain housing, public accommodation and public services without regard to their race, creed, color, natural origin, marital status with regard to public assistance, disability, sex or ancestry and strictly in accord with their individual merits as human beings.
Subd 2. DEFINITIONS. For the purposes of this Section, the following terms, phases, words and their derivations, shall have the meaning given herein unless the context otherwise indicates.
A. Discriminate or discrimination includes segregate or separate.
B. Person includes individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, receivers, political subdivisions, boards, commissions and their officers and agents.
C. Public Accommodations includes every business, accommodations, refreshment, entertainment, recreation or transportation facility, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.
D. Disability means a mental or physical condition which constitutes a handicap. Nothing in this Section shall be construed to prohibit any program, service, facility or privilege afforded to a person with a disability which is intended to habilitate, rehabilitate, or accommodate that person.
E. Status with regard to public assistance means the condition of being a recipient of federal, state or local assistance, including medical assistance or of being a tenant receiving federal, state or local subsidies, including rental assistance or rent supplements.
F. Marital status means that standing, state or condition of one as a single or married person.
Subd 3. REAL PROPERTY. It shall be an unlawful discriminatory practice:
A. For an owner, lessee, subleases, 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, student status, national origin, sex, marital status, status with regard to public assistance, religion or disability.
2. To discriminate against any person or group of persons because of race, color, creed, student status, religion, national origin, sex, marital status, status with regard in public assistance or disability 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; 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 or disability, or any intent to make any such limitation, specification or discrimination.
B. For a real estate broker, real estate salesman or employee or agent thereof:
1. To refuse to sell, rent or lease or to offer for sale, rent 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 or disability, 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, national origin, sex, religion, marital status, status with regard to public assistance or disability;
2. To discriminate against any person because of his religion, race, color, creed, national origin, sex, marital status, status with regard to public assistance or disability in the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishings 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 of 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, national origin, religion, sex, marital status, status with regard to public assistance or disability or any intent to make any such limitation, specification or discrimination.
C. 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, national origin, sex, marital status, religion, status with regard to public assistance or disability of such person or group of persons or of the prospective occupants or tenants of such real property 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.
2. To use any form of application for such financial assistance or make any record or inquiry in connection with applications for such financial assistance which expresses directly or indirectly, any limitation, specifications, or discrimination as to race, color, religion, creed, national origin, sex, marital status, status with regard to public assistance or disability 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 any such financial assistance, or in the extension of services in connection therewith.
D. For any real estate broker or real estate salesman, for the purpose of inducing a real property transaction from which such persons, his 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, religion, creed color, student status, sex, marital status, status with regard to public assistance 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.
E. The provisions of this subdivision shall not apply to:
1. The rental of a portion of a dwelling containing accommodations for two (2) families, one of which is occupied by the owner; or
2. The rental, by an owner or occupier of a one-family accommodation in which he resides, of a room or rooms in such accommodations to another person or persons if the discrimination is by sex, marital status, status with regard to public assistance or disability. Nothing in this subdivision 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 that for a person who does not have a disability; nor shall this subdivision be constructed 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 such lease, agreement or contract.
Subd 4. PUBLIC ACCOMMODATIONS. It is an unlawful discriminatory practice to deny any person the full and equal enjoyment of goods, services, facilities, privileges, advantages and accommodations because of race, religion, color, creed, national origin or sex. It is an unlawful discriminatory practice for a taxicab company to discriminate in the access to full utilization of or benefit from service because of a person's ability.