Definitions.
Memphis Code of Ordinances § 10-36-3
in effectSec. 10-36-3. - Definitions.
The following terms shall have the following meanings as interpreted by federal or state courts.
Discriminatory practice means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or differentiation or preference in the treatment of a person or persons because of race, color, religion, national origin, sex, age, familial status, source of income, or handicap/disability.
Familial status means one or more individuals, who have not attained 18 years of age, being domiciled with:
1. A parent or another person having legal custody of such individual or individuals; or
2. The designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process or securing legal custody of any person who has not attained the age of 18 years.
Family includes a single individual.
Financial institution means a bank, banking organization, mortgage company, insurance company, or other lender to whom application is made for financial assistance for the purchase, acquisition, lease, construction, rehabilitation, repair, maintenance, or improvement of real property, or any individual employed by or acting on behalf of any such bank, banking organization, mortgage company, insurance company or other lender.
Handicap/disability means, with respect to a person:
1. A physical or mental impairment which substantially limits one or more of such person's major life activities;
2. A record of having such an impairment; or
3. Being regarded as having such an impairment;
The term "handicap/disability" does not include current, illegal use of or addiction to a controlled substance, as more specifically defined in the Tennessee Human Rights Act.
Housing accommodations means a building, structure, lot or part thereof which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home or residence of one or more individuals and shall include improved or unimproved property.
National origin means the national origin or ancestry of a person, as more specifically defined in the Tennessee Human Rights Act.
Person includes one or more individuals, governments or government agencies, public authorities, labor organizations, corporations, limited liability companies, partnerships or corporations, partnerships, trusts, or other organized groups of persons, or legal representatives thereof.
Real estate broker or real estate salesperson means an individual, whether licensed or not, who on behalf of others for a fee, commission, salary, or other valuable consideration, or who with the intention or expectation of receiving or collecting any such consideration, lists, sells, purchases, exchanges, rents or leases any interest in real property, or who negotiates or attempts to negotiate on behalf of others such activity; or who advertises or holds such individual out as engaged in such activities; or who negotiates or attempts to negotiate on behalf of others, a loan secured by mortgage or other encumbrance upon a transfer of real property, or who is engaged in the business of charging or collecting fees in connection with a contract whereby such individual undertakes to promote real estate transaction through listing such real property in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.
Real estate operator means any person engaged in the business of consummating real estate transactions, or deriving income, in whole or in part, from real estate transactions; or any individual employed by or acting on behalf of any of these.
Real estate transaction includes the sale, exchange, rental or lease of real property.
Real property includes land and all buildings and structures thereon and all interests therein, including but not limited to, leaseholds, cooperatives, and condominiums.
Source of income means a regular, verifiable income, or its equivalent, from which an individual can pay rental, mortgage or other payments associated with the provision of housing. The term shall specifically include Section 8 vouchers or certificates issued by the United States Department of Housing and Urban Development or other similar contractual commitments whereby a third party commits to making all or a portion of rental, mortgage or other housing-related payments.
(Code 1985, § 48-253; Ord. No. 4932, § 1, 3-5-2002)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT10PUPEMOWE_CH10-36FAHO_S10-36-3DEFetched: 10/28/2026