The provisions of this chapter shall not be construed to:
(a) Prohibit a religious or denominational institution, organization, society or association of any non-profit charitable or educational organization that is operated, supervised or controlled by or in connection with a religious organization, 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 those persons, unless membership in the religion is restricted on account of race, color or national origin, nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes, provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members;
(b) Require any person selling or renting property to modify the property in any way at his or her expense, provided that the person does not refuse to permit reasonable modifications by a disabled person, which are necessary for that person to fully enjoy the premises in which he or she resides or will reside, when the modifications are made at the expense of the disabled person, which permission may be reasonably based on the disabled person’s promise, under division (m) of Section 665.03, to restore the interior of the dwelling to the condition in which it existed before permission was granted for the modification, nor shall this chapter be construed to relieve any disabled person of any obligation generally imposed on all persons, regardless of disability, in a written lease, rental agreement or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations, of the lease, agreement, or contract, so long as the distinctions are not based on the disability, or on the landlord’s refusal to make reasonable modifications in the lease, agreement or contract conditions for the purpose of denying a disabled person equal opportunity to the use and enjoyment of the premises. Making the modifications permitted under this division does not relieve any person from the applicability of division (o) of Section 665.03 or from the design and construction requirements in 42 U.S.C. 3604(f)(3)(C) for accessibility for physically disabled persons.
(RC 4112.12(K), (N))
(c) Prohibit the restriction of a sale or rental of a property on the basis of disability when the property is authorized, approved, financed or subsidized, in whole or in part, for the benefit of disabled persons by a unit of the local, state or federal government, so long as the restrictions do not discriminate against an otherwise qualified disabled person;
(d) Require that a property 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;
(e) Prohibit the application of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a property;
(f) With regard to familial status, apply to properties that have been determined to be housing for older persons;
(g) Hold a person personally liable for monetary damages for discrimination on the basis of familial status if such person reasonably relied, in good faith, on the application of the exemption under 42 U.S.C. 3607(b)(1) relating to housing for older persons; or
(h) Prohibit a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than membership in a protected class.
(Ord. No. 295-08. Passed 4-7-08, eff. 4-14-08)