'No Kids, No Vouchers, No Wheelchairs' in St. Paul
Ruth owns a six-unit building in St. Paul and lists it with broker Alan. Her written instructions: 'No Section 8 vouchers - those tenants are hard on units. No kids; the upstairs tenants complain about noise. No pets, and I don't want wheelchairs banging up my hallways.' She asks Alan to advertise the vacancy as 'Quiet building - perfect for young professionals.' Alan's first inquiry is from Dana, a single mother of two whose 14-year-old daughter has a disability and uses a service dog; Dana has a housing voucher and has asked to install a temporary ramp at the rear entrance. Ruth tells Alan, 'Just tell her the unit is taken.'
1. Sort Ruth's instructions by legal status: which are clearly illegal, which need a closer look, and what is wrong with the ad copy?
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Most of these instructions are illegal, and the ad copy is independently unlawful.
- 'No kids.' Illegal familial status discrimination under the federal Fair Housing Act and the Minnesota Human Rights Act (Minn. Stat. ch. 363A). The building does not qualify for the older-persons exemption, which requires a published policy and a high percentage of occupancy by persons 55 or older - a six-unit building with no such policy does not come close.
- 'No wheelchairs.' Illegal disability discrimination. Refusing to permit a reasonable modification (a ramp the tenant installs at her own expense) or imposing different terms because of a disability is prohibited.
- 'No Section 8.' Minnesota's Human Rights Act protects status with respect to public assistance in housing, and local ordinances may add further source-of-income protections. Treat this instruction as unlawful; confirm the current city ordinance before advising the owner.
- 'No pets' is lawful as a general rule, but it cannot be applied to a service animal or an assistance animal - those are accommodations, not pets, and no pet fee or pet deposit may be charged.
- The ad. 'Perfect for young professionals' expresses a preference based on familial status and is unlawful advertising. 'Quiet building' alone is fine; the second half is the problem.
2. Dana asks about the unit. How should Alan handle the service dog, the ramp, and Ruth's instruction to say the unit is taken?
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Alan must not deliver the lie, and he must process Dana's inquiry like any other.
- Saying 'the unit is taken' in order to avoid a protected applicant is a discriminatory denial - and Alan would be the one making the statement. He may not do it, even on a client's direct instruction.
- Service dog: Alan should tell Ruth that a service animal is not a pet, that no pet rent or pet deposit applies, and that the owner may still charge for actual damage caused by the animal. He may ask only for the documentation reasonably needed to verify a disability-related need, and should not probe the nature of the disability.
- Ramp: a tenant-funded reasonable modification of the premises. The owner may require a written request, may require reasonable restoration at move-out for permanent changes, and may not refuse simply because a wheelchair might mark the hallways.
- Application: Alan can explain how to apply and must apply Ruth's ordinary, neutral screening criteria - income, credit, references - treating the voucher as income. If Ruth rejects Dana, the file should show a legitimate, consistently applied reason.
3. Alan explains the law and Ruth says, 'I don't care, it's my building - just do what I tell you.' What are Alan's options and his own exposure?
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Alan cannot follow the instruction, and 'the client made me do it' is not a defense.
- A licensee who carries out a discriminatory instruction is liable for aiding and abetting discrimination, in addition to the owner's liability. Advertising or stating a discriminatory preference is a separate violation of the federal Fair Housing Act.
- Alan's obligations, in order: (1) advise Ruth in writing of the specific legal problem with each instruction; (2) refuse to publish the ad or to deliver the 'unit is taken' message; (3) offer a compliant path - neutral advertising, uniform screening, accommodation request procedures.
- If Ruth insists, Alan should decline the listing and terminate the listing agreement per its terms, documenting the reason and returning any materials. Continuing to market the property while Ruth screens unlawfully keeps Alan in the exposure.
- Alan should also preserve his notes, emails, and the ad copy. If a complaint is filed, contemporaneous written advice to the owner is the single best piece of evidence that the discrimination was the owner's choice, not the broker's practice. Alan may also consult brokerage counsel before terminating.