Memphis Code of Ordinances § 10-36-1 Title.
Sec. 10-36-1. - Title.
This chapter shall be known and may be cited as the "City of Memphis Fair Housing Ordinance."
(Code 1985, § 48-251; Ord. No. 4932, § 1, 3-5-2002)
FAIR HOUSING
Memphis Code of Ordinances tit. 10, ch. 10-36
in effectMemphis Code of Ordinances § 10-36-2 Purpose.
Sec. 10-36-2. - Purpose.
A. The general purposes of this chapter are:
1. To provide for uniformity in policy and enforcement of the laws of the city, the state, and United States which prohibit discrimination in housing, including the Tennessee Human Rights Act, T.C.A. § 4-21-101 et seq. (the "Tennessee Human Rights Act"), the Civil Rights Act of 1866, 42 USC 1982, and the Civil Rights Act of 1968, 42 USC 3601 et seq., as amended (collectively the "Civil Rights Acts");
2. To foster cooperation between the city, state and United States in the implementation of such policies and laws designed to promote fair housing opportunities for all citizens; and
3. To safeguard all individuals residing within the city from discrimination in housing because of race, color, religion, national origin, sex, age, familial status, source of income or handicap/disability; to promote equal protection of all parties; and to encourage all citizens to maintain and improve the quality of housing within the city and thereby to preserve the health and general welfare thereof.
B. Nothing in this chapter shall be deemed to repeal or supercede any rights granted any person under any other law prohibiting discrimination in housing, including the Tennessee Human Rights Act and the Civil Rights Acts.
(Code 1985, § 48-252; Ord. No. 4932, § 1, 3-5-2002)
Memphis Code of Ordinances § 10-36-3 Definitions.
Sec. 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)
Memphis Code of Ordinances § 10-36-4 Exemptions from housing provisions.
Sec. 10-36-4. - Exemptions from housing provisions.
A. Nothing in this chapter shall apply to housing transactions meeting the requisites of T.C.A. § 4-21-602.
B. Nothing in this chapter shall require a real estate broker or salesperson or operator to negotiate with any person who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.
C. Nothing in this chapter shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.
D. Nothing in this chapter shall limit the applicability of any reasonable local, state or federal statute, ordinance, or restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor shall any provision of this chapter regarding familial status apply with respect to dwellings provided under any state or federal program specifically designed and operated to assist elderly persons, or to housing for older persons.
1. As used in this subsection, "housing for older persons" means housing communities consisting of dwellings:
a. i.
Intended for, at least 90 percent occupied by, at least one person 55 years of age or older per unit;
ii. Providing significant facilities and services specifically designed to meet the physical or social needs of such persons; and
iii. Publishing and adhering to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years or older; or
b. Intended for and occupied solely by person 62 years or older.
2. Nothing in this chapter shall prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 102 of the Controlled Substances Act (21 USC 802), or as defined in the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4.
E. Nothing in this chapter shall apply to the rental of housing accommodations in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or a member of the owner's family resides in one of the housing accommodations.
F. Nothing in this chapter shall apply to the rental of one room or one rooming unit in a housing accommodation by an individual, if such individual or a member of such individual's family resides therein, or, with regard to discrimination based on sex, rooms or rental units where tenants would be required to share a common bath.
G. Nothing in this chapter shall apply to a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, which limits the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or which gives preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin.
H. Nothing in this chapter shall apply, with regard to discrimination based on sex to the rental of housing accommodations of single-sex dormitory rental properties, including but not limited to, those dormitories operated by higher educational institutions.
(Code 1985, § 48-254; Ord. No. 4932, § 1, 3-5-2002)
Memphis Code of Ordinances § 10-36-5 Unlawful housing practices.
Sec. 10-36-5. - Unlawful housing practices.
A. It is unlawful for an owner or other person engaging in a real estate transaction, or for a real estate broker or salesperson, real estate operator, or person acting by or on behalf of any of these to discriminate against any person in the sale or rental of real property or any housing accommodation because of race, color, religion, national origin, sex, age, familial status, source of income or handicap/disability.
B. It shall be a discriminatory practice for any person because of race, color, religion, national origin, sex, age, familial status, source of income or handicap/disability to:
1. Refuse to sell or rent after the making of a bona fide offer or to negotiate for the sale or rental of, or otherwise to make unavailable or deny, real property or a housing accommodation to a person;
2. Discriminate against any person in the terms, conditions, or privileges of sale or rental of real property or a housing accommodation, or in the provision of services or facilities in connection therewith; and it shall specifically be a violation of this section for an owner or manager of rental property to fail to maintain rental property in compliance with applicable housing code provisions because some or all of the tenants are members of classes protected by this chapter or the Tennessee Human Rights Act;
3. Refuse to receive or transmit a bona fide offer to purchase, rent or lease real property or a housing accommodation from a person;
4. Represent to a person that real property or a housing accommodation is not available for inspection, sale, rental or lease when in fact it so available, or to refuse to permit a person to inspect real property or a housing accommodation;
5. Make, print, publish, circulate, post or mail or cause to be made, printed, published, circulated, posted or mailed a notice, statement, advertisement, or sign, or to use a form of application for the purchase, rental or lease of real property or a housing accommodation, or make a record of inquiry in connection with the prospective purchase, rental or lease of real property or a housing accommodation, which indicates, directly or indirectly, a limitation, specification, or discrimination as to race, color, religion, national origin, sex, age, familial status, source of income, or handicap/disability or an intent to make such a limitation, specification, or discrimination;
6. Offer, solicit, accept, use or retain a listing of real property or housing accommodation for sale, rental or lease with the understanding that a person may be discriminated against in the sale, rental or lease of that real property or housing accommodation or in the furnishing of facilities or services in connection therewith; or
7. Deny any person access to, or membership or participation in, any multiple-listing services, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting real property, or to discriminate against such person in the terms or conditions of such access, membership or participation.
C. It is a discriminatory practice for any person to:
1. Discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap/disability of:
a. The buyer or renter;
b. A person residing in or intending to reside in the dwelling after it is sold, rented or made available;
c. Any person associated with the buyer or renter; or
2. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap/disability of:
a. The person;
b. A person residing in or intending to reside in the dwelling after it is so sold, rented or made available; or
c. Any person associated with the person.
3. For purposes of this subsection, "discrimination" includes:
a. A refusal to permit, at the expense of the handicapped/disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, no modification need be permitted unless the renter first agrees to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted, unless previously negotiated with the landlord;
b. A refusal to make reasonable accommodations in rules, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or
c. In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that:
i. The dwellings have a least one building entrance on an accessible route, unless it is impractical to do so because of terrain or unusual site characteristics; or
ii. With respect to dwellings with a building entrance on an accessible route:
(A) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;
(B) All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped person in wheelchairs; and
(C) All premises within such dwellings contain the following features of adaptive design:
(1) An accessible route into and through the dwelling;
(2) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
(3) Reinforcements in bathroom walls to allow later installation of grab bars; and
(4) Usable kitchens and bathrooms, such that an individual in a wheelchair can maneuver about the space.
4. Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A1 17.1") suffices to satisfy the requirements of section 5, part C(3)(c)(2)(ii).
5. As used in this subsection, "covered multifamily dwellings" means:
a. A building consisting of four or more units if such buildings have one or more elevators; and
b. Ground floor units in other buildings consisting of four or more units.
6. Nothing in this subsection requires that dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
D. It shall be illegal for a real estate operator, a real estate broker a real estate salesperson, a financial institution, an employee of any of these, or any other person, to engage in blockbusting for the purpose of inducing a real estate transaction from which he or she may benefit financially. Those provisions of the Tennessee Human Rights Act concerning blockbusting are adopted by reference to define illegal practices under this chapter. Violation of T.C.A. § 4-21-603 shall be deemed a violation of this chapter.
E. It shall be illegal to make any oral agreement, insert a written agreement, honor or attempt to honor any such term or provision, or place in an agreement anything that purports to forbid or restrict conveyance, encumbrance, occupancy, or lease of real property to individuals on the basis of race, color, religion, national origin, sex, age, familial status source of income or handicap/disability. Those provisions of the Tennessee Human Rights Act concerning restrictive covenants or agreements are adopted by reference to define such illegal practices under this chapter. Violation of T.C.A. § 4-21-604 shall be deemed a violation of this chapter.
F. It shall be illegal for a financial institution, or an individual employee acting by or on behalf of such institution to discriminate against an individual, a present or prospective owner, tenant, or occupant of real property or a member, stockholder, director, officer, employee or representative of any of these, because of race, color, religion, national origin, sex, age, familial status, source of income and disability/handicap, in the extension or provision of financial services. Those provisions of the Tennessee Human Rights Act concerning prohibited financial practices are adopted by reference to define such illegal practices under this chapter. Violation of T.C.A. § 4-21-606 shall be deemed a violation of this chapter.
G. It is a discriminatory practice for a person in the business of insuring against hazards to refuse to enter into, or discriminate in the terms, conditions, or privileges of a contract of insurance against hazards to a housing accommodation or real property because of race, color, religion, national origin, sex, age, familial status, source of income or handicap/disability of the person owning, or residing in or near the housing accommodation or real property.
H. It is a discriminatory practice for a person to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by the provisions of this chapter.
I. Those provisions of the Tennessee Human Rights Act concerning prohibited practices are adopted by reference in that it shall be no defense to a violation of this chapter by a real estate operator, real estate broker, real estate salesman, financial institution, or other person that the violation was requested, sought or otherwise procured by a person not subject to the provisions of this chapter.
J. It is an unlawful practice for any person or other entity whose business includes engaging in real estate transactions to discriminate against any person in making available such transaction, or in the terms and conditions of such transaction, because of race, color, religion, national origin, sex, age, familial status, source of income or handicap/disability:
1. In the making or purchasing of loans or providing financial assistance:
a. For purchasing, constructing, improving, repairing, or maintaining a dwelling; or
b. Where the security is residential real estate; or
2. The selling, brokering, or appraising of residential real estate.
(Code 1985, § 48-255; Ord. No. 4932, § 1, 3-5-2002)
Memphis Code of Ordinances § 10-36-6 Enforcement.
Sec. 10-36-6. - Enforcement.
A. The city, through the division of housing and community development, shall designate an employee of the city to serve as the city's fair housing officer. Alternatively, the director of the division of housing and community development may contract with an appropriate individual or entity to perform all duties of the fair housing officer.
B. Any person who claims to have been injured or aggrieved in any manner by a violation of this chapter may file a written complaint with the city, through its designated fair housing officer, within 365 days of the alleged discriminatory act. The complaint shall include the name and address of the complainant and of every person against whom the complaint is made, and shall set out the facts giving rise to the complaint.
C. Upon receipt of a timely complaint, the city's fair housing officer shall advise a complainant of his or her right to also file a complaint with the United States Department of Housing and Urban Development and the Tennessee Human Rights Commission and the procedures for so doing.
D. The city's fair housing officer shall promptly notify the person identified in the complaint as having violated this chapter (the "respondent(s)"), in writing, of the complaint and of their opportunity to submit a written response to the complaint. The fair housing officer shall initiate an investigation into the allegations in the complaint within 30 days of the filing of same.
E. The city's fair housing officer shall, after investigation, determine whether there is sufficient merit to initiate an action for violation of this chapter. Such determination shall be made within 100 days of the filing of such complaint (except that if a complaint is filed with the Department of Housing and Urban Development or the state Human Rights Commission it may defer the determination until a determination of cause has been made by the pertinent agency). The complainant shall be notified in writing of the determination.
F. The fair housing officer shall be and is made a special police officer of the city for purposes of the issuance of citations for violation of this chapter. For purposes of this chapter the term "citation" means a written order issued by a law enforcement officer or special police officer (as authorized in this chapter) including information of the nature of the violation of this chapter charged, and requiring the person so charged to appear in a designated court at a specified date and time, signed by the person agreeing to appear at the time and place indicated. In the event that the person so charged fails to appear in the designated court on the specified date and time, then the court may take a default judgment against the charged person in favor of the city.
(Code 1985, § 48-256; Ord. No. 4932, § 1, 3-5-2002)
Memphis Code of Ordinances § 10-36-7 Penalties for violation.
Sec. 10-36-7. - Penalties for violation.
Violation of any provision of this chapter shall be punished by a fine of $50.00 and a penalty in any sum not exceeding $200.00. Each day on which a continuing violation occurs shall constitute a new and separate violation of this chapter. Nothing herein contained shall be construed so as to preclude any aggrieved person from pursuing such other and further and equitable relief to which he or she may be entitled. Fines collected pursuant to this section will be used to establish a fund to educate the community about fair housing and responsibilities and to promote fair housing in the city.
(Code 1985, § 48-257; Ord. No. 4932, § 7, 3-5-2002)
Memphis Code of Ordinances § 10-36-8 Notice of violation.
Sec. 10-36-8. - Notice of violation.
The city attorney shall file with the state Real Estate Commission a notice of the conviction of any licensed real estate broker or affiliate broker found guilty of violating this chapter.
(Code 1985, § 48-258; Ord. No. 4932, § 8, 3-5-2002)
Memphis Code of Ordinances § 10-36-9 Annual report.
Sec. 10-36-9. - Annual report.
The fair housing/human rights officer shall publish an annual report setting forth the number of complaints received during the prior year, as well as the disposition of the complaints, the number of convictions for violation.
(Code 1985, § 48-259; Ord. No. 4932, § 9, 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_CH10-36FAHOFetched: 10/28/2026