Saint Paul, Minn., Legis. Code ch. 183 § 183.061
Real property exemptions
Operative Text
(a) The provisions of section 183.06 (other than 183.06 (1)(c)) prohibiting discrimination because of familial status shall not be construed to defeat the applicability of any local or state restrictions regarding the maximum number of occupants permitted to occupy a dwelling unit, if the occupancy restrictions are reasonably consistent with the Federal Fair Housing Act, and shall not apply to: (1) Housing for elderly persons. "Housing for elderly persons" means housing: a. Provided under any state or federal program that the secretary of housing and urban development determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; b. Is intended for, and solely occupied by, persons sixty-two (62) years of age or older; or c. Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit; provided, that: 1. There are significant facilities and services specifically designed to meet the physical and social needs of older persons, or if the provision of the facilities and services is not practicable, that the housing is necessary to provide important housing opportunities for older persons; 2. At least eighty (80) percent of the units are occupied by at least one (1) person fifty-five (55) years of age or older per unit; and 3. There is publication of, and adherence to, policies and procedures that demonstrate an intent of the owner or manager to provide housing for persons fifty-five (55) years of age or older. Housing does not fail to meet the requirements for elderly persons if all new residents as of September 13, 1988, meet the age requirements of clause (a)(2)a. and b. In addition, housing does not fail to meet the requirements by reason of unoccupied units if unoccupied units are reserved for occupancy by persons who meet the age requirements of clause (a)(2)a. or b. d. To qualify for this exemption for housing for persons 55 years of age and older, the housing facility or community must comply with rules issued by the secretary of housing and urban development for verification of occupancy as provided under 24 C.F.R. part 100, subpart E. (b) The provisions of section 183.06 (other than 183.06 (1)(c)) of this Legislative Code shall not apply to: (1) Rooms in a community residential facility as defined in section 65.153 of the Legislative Code; or foster home as defined in section 65.151 ; freestanding foster care home as defined in section 65.152 ; shelter for battered person as defined in sections 65.158 ; or transitional housing facility as defined in section 65.159 of the Legislative Code if the treatment is based on sex in a housing facility with shared bedrooms or bathrooms; or (2) The rental of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one (1) of such living quarters as his/her residence.
Saint Paul Legislative Code ch. 183 § 183.061 carves out specific categories of housing from the familial-status anti-discrimination rules established in § 183.06. These exemptions cover qualifying senior housing communities—whether federally assisted, exclusively occupied by persons 62 or older, or meeting the 55-and-older threshold with at least 80 percent age-qualified occupancy—as well as certain community residential facilities and small owner-occupied buildings with four or fewer units. Occupancy restrictions that are reasonably consistent with the Federal Fair Housing Act are also preserved under this provision, meaning lawful maximum-occupancy rules are not overridden by the familial-status protections.
Plain English — not legal advice.
Operators of housing that may qualify for an exemption under § 183.061 generally maintain thorough documentation to support their claimed status—for example, senior communities operating under the 55-and-older exemption typically keep verified records showing that at least 80 percent of occupied units house at least one qualifying resident, publish written age-occupancy policies, and comply with HUD verification rules under 24 C.F.R. part 100, subpart E. Owner-occupants of buildings with four or fewer units who rent out the remaining units should be aware that this small-landlord exemption under § 183.061(b)(2) applies only when the owner actually lives in the property. Compliant operators in any exempt category typically keep records current and revisit their eligibility if the property's characteristics or occupancy patterns change.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who believe a landlord is improperly claiming an exemption under § 183.061 to justify what would otherwise be familial-status discrimination have several general avenues to explore. The exemptions in § 183.061 are narrowly defined—for instance, a senior housing community must meet specific age-occupancy percentages and HUD verification requirements, and a small-building exemption requires the owner to actually reside on the premises—so a claimed exemption may not always hold up. Tenants can consider contacting the Saint Paul Department of Safety and Inspections, a local fair housing organization, or the U.S. Department of Housing and Urban Development to learn more about whether a particular exemption applies to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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