Re: [Winona] Student rental housing

[Duane M. Peterson]

Your question may be answered by telling you that the answer depends on the wording of the ordinance.  Then, assuming that the ordinance forbids any landlord from discriminating for certain reasons, it then would depend on whether the landlord did it for one of the forbidden reasons.   Thus, the landlord could refuse a proposed tenant for a legitimate reason (bad credit risk etc.)    Another question might arise as to whether the ordinance is constitutional.  That would depend upon whether the City has a right to regulate such things as discrimination.  Usually the city can constitutionally enforce such ordinances if they do not run afoul of such things as freedom of speech etc.  That is why the City has such a hard time trying to close a porn shop.  Constitutionally, the City has no power to forbid nasty, crude or otherwise tasteless speech.  The word "speech" has been interpreted to include symbolic acts, books, newspapers, television, radio etc.    To get back to your subject, I think that generally the city and the state have a right to outlaw discrimination.  The problem remains as to whether the wording of the ordinance or law defines discrimination adequately.  There is a general principal that in order to make an act a crime, the perpetrator must be able (not actually, but reasonably) to know from reading the statute or ordinance what act or acts are against the law.    There are probably other angles to consider, but it would be easier to answer your question if more specifics were known.    Caveat:  I am telling you this from memory.  I have not been doing much of this type of work since I retired.  I do not have a law library at my disposal.  When I was an active judge, I would listen to arguments from both sides before making a decision.    In spite of those shortcomings, I hope that my contribution has been helpful. ----- Original Message ----- From: Jim Sjoberg To: Steve Kranz ; [EMAIL PROTECTED] Cc: Jim Sjoberg Sent: Monday, June 16, 2003 02:05 Subject: Re: [Winona] Student rental housing Steve:   Allow me to play "You Know Who's" advocate, and state this:   If a Private Landlord wants to recruit renters without Posting or Publishing a public notice, the Landlord may do so, without the accusation of "Unfair Discriminatory Practice".     If I bought a Duplex, Triplex, or even an Octoplex, and privately recruited  tenants from my Friends from the "Red Meat Eaters Society", along with my relatives, I would be "Golden".   Case in Point is an old friend of mine:   He bought a Multi-Unit Large House in South Minneapolis back in 1994.   He is a staunch member, and believer in AA, and never publicly solicited for tenants.   He approached his contacts from meetings, and his Adult children, and told them they could move into his "Sober Apartment House", if they were so inclined, and were willing to live by House Rules.   (He never placed an Ad in the Paper, or Posted a 'Notice' on a Bulletin Board someplace.)      He was able to fill up his apartments privately.      Where would he stand if someone, whom he didn't solicit, came to him and wanted to rent an empty apartment, and my friend refused?   (I know that City Codes require a License to Operate a Rental Property,  but do  Anti-Discriminatory Rental Laws apply to Landlords who don't publicly solicit tenants?)   Jim Sjoberg         ----- Original Message ----- From: Steve Kranz To: [EMAIL PROTECTED] Sent: Sunday, June 15, 2003 10:48 AM Subject: Re: [Winona] Student rental housing You're correct Dean.    The City Ordinance establishing the Winona Human Rights Commission says that it is an unfair discriminatory practice:   . . . 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 or disability, student status if the student is of majority age. -Steve Kranz     ----- Original Message ----- From: [EMAIL PROTECTED] To: [EMAIL PROTECTED] ; [EMAIL PROTECTED] Sent: Saturday, June 14, 2003 10:27 PM Subject: Re: [Winona] Student rental housing In a message dated 6/14/03 8:09:11 AM Central Daylight Time, [EMAIL PROTECTED] writes: "(Student discrimination) may be legal, but it's not good policy If I'm not mistaken it is also illegal in Winona. I believe that our local Human Rights Act includes as a "protected class" (along with the usual of race, religion, gender, etc.) student status. Dean Lanz