Nothing in this chapter, other than the prohibition against discrimination in advertising, shall:
(A) Apply to the following:
(1) The rental, lease or occupancy of a room in an owner-occupied single-family dwelling, provided that the following conditions are met:
(a) The owner does not own or have any interest in more than three single-family houses at any one time; and
(b) The house is sold or rented without the use of a real estate broker, agent or salesperson or the facility of any person in the business of selling or renting dwellings.
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of the living quarters as his or her residence.
(B) Prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates, for other than commercial purposes, to persons of the same religion, or from giving preference to the persons, unless membership in the religion is restricted on account of race, color, sex, sexual orientation, religion, creed, ancestry, national origin, age, military discharge status, marital status, familial status or disability;
(C) Prohibit a private club that is not in fact open to the public, which, as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members and their guests or from giving preference to its members;
(D) Prohibit the rental or sale of a dwelling on the basis of age or disability when the dwelling is authorized, approved, financed or subsidized, in whole or in part, by a unit of state, local or federal government;
(E) Limit the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling;
(F) Require the rental or sale of a unit to any person convicted of the illegal manufacture or distribution of a controlled substance;
(G) With regard to discrimination based on familial status, apply with respect to housing for older persons;
(H) Apply to persons engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on unlawful discrimination or familial status in furnishing appraisals;
(I) Prohibit financial institutions from considering sound underwriting practices in contemplation of any loan to any person. The practices shall include the following:
(1) The willingness and the financial ability of the borrower to repay the loan;
(2) The market value of any real estate or other item of property proposed as security for any loan; and
(3) The diversification of the financial institution’s investment portfolio.
(J) Prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, sex, sexual orientation, religion, creed, ancestry, national origin, age, military discharge status, marital status, familial status or disability.
(Ord. 08-36, passed 5-27-2008)