The provisions of this subchapter, which prohibit discriminatory housing practices, other than the prohibition of discriminatory advertising, shall not apply to:
(A) The rental or lease of any housing accommodations in a building which contains not more than two families living independently of each other, if the owner or a member of his or her family resides in one of the housing accommodations;
(B) The rental or lease of any rooming units in a housing unit, if the owner or a member of his or her family resides in the housing unit;
(C) The rental or lease of any rooming units in a house in which the owner of the entire house or member of his or her family resides;
(D) A religious organization, association or society or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, which limits the sale, lease, rental, occupancy, assignment or sublease of housing accommodation that 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 subchapter prohibit a private club not in fact open to the public that, as an incident to its primary purpose or purposes, provides lodging that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodging to its members or from giving preference to its members;
(E) A private individual homeowner disposing of his or her property through private sale without the aid of any real estate operator, broker or salesperson and without advertising or public display; except that, attorneys, escrow agents, abstractors, title companies and other professional assistance may be utilized as necessary to perfect or transfer the title;
(F) (1) Nothing in this subchapter limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling; nor does any provision in this title regarding familial status apply with respect to housing for older persons.
(2) As used in this section, HOUSING FOR OLDER PERSONS means housing:
(a) Provided under any program of a state or federal housing agency that is specifically designed and operated to assist elderly persons (as defined in the state or federal program);
(b) Intended for, and solely occupied by, persons 62 years of age or older; or
(c) Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this division (F), state or federal housing agency regulations must require at least the following factors:
1. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;
2. At least 80% of the dwellings are occupied by at least one person 55 years of age or older per unit; and
3. The publication of, and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(3) Housing shall not fail to meet the requirements for housing for older persons by reason of:
(a) Persons residing in such housing as of the date of enactment of this subchapter do not meet the requirements of applicable state, federal and local housing regulations; provided that, new occupants of such housing shall meet the age requirements of those regulations; or
(b) Unoccupied units; provided that, such units are reserved for occupancy by persons who meet the age requirements of applicable state, federal and local housing regulations.
(G) Nothing in this section requires that a 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.
(1984 Code, §§ 32.08, 37.06) (Ord O-31-98, passed 7-21-1998; Ord. O-20-03, passed 4-29-2003)