A. Notwithstanding any other provision herein, nothing in this chapter is intended to alter or abridge other rights, protections or privileges secured under State and/or Federal law. This chapter shall be construed and applied in a manner consistent with First Amendment jurisprudence regarding the freedom of speech and exercise of religion.
B. This chapter does not apply to:
1. Religious corporations, associations, educational institutions or societies as it pertains to actions taken on the basis of sexual orientation and/or gender expression/identity.
2. An expressive association whose employment of a person protected by this chapter would significantly burden the association's rights of expressive association under Federal law.
3. The United States government, any of its departments or agencies or any corporation wholly owned by it; or the State of Idaho or any of its departments, agencies or political subdivisions, except the City.
C. This chapter shall not apply:
1. As to sexual orientation and/or gender expression/identity:
a. To rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the lessor or a member of his family resides in one of the housing accommodations; or
b. To the rental of a room or rooms in a single family residential housing accommodation by an individual if he or a member of his family resides therein.
2. As to source of income: to the rental of a housing accommodation by a lessor who owns and individually manages two (2) or fewer rental units, or two (2) or fewer rooms in a single-family residential housing accommodation.
D. The source of income provisions of this chapter shall not prohibit:
1. Any employer from limiting the sale, rental or occupancy of housing accommodations which it owns or operates to its employees, or from giving preferences to such persons; or
2. Any 501(c)(3) organization from limiting the sale, rental or occupancy of housing accommodations which it owns or operates in accordance with an employer preference program that is in furtherance of the organization's charitable purposes, or from giving preferences in accordance with such program. (1952 Code § 6-02-04; amd. Ord. 37-23, 9-26-2023, eff. 1-1-2024)