(A) Exemptions defined or set forth under I.C. 22-9.5-3 et seq. shall be exempt from the provisions of this chapter to include those activities or organizations set forth under divisions (B) and (C) below.
(B) Nothing in this chapter shall 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, association or society, from limiting 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 from giving preference to such persons, unless membership in such 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 lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(C) (1) As used in this section, HOUSING FOR OLDER PERSONS means housing that the Commission determines:
(a) Specifically designed and operated to assist elderly persons under a federal or state program;
(b) Intended for and solely occupied by persons at least 62 years of age or older; or
(c) Intended and operated for occupancy by at least one person at least 55 years of age in each unit.
(2) Housing that includes units that are unoccupied or that are occupied by persons who do not meet the age requirements of divisions (C)(1)(b) and (C)(1)(c) above does not fail to meet the requirements for housing for older persons if:
(a) The unoccupied units are reserved for persons who meet the age requirements of divisions (C)(1)(b) and (C)(1)(c) above; or
(b) The occupants who do not meet the age requirements of divisions (C)(1)(b) and (C)(1)(c) above have resided in the housing since September 13, 1988, or an earlier date, and the persons who became occupants after September 13, 1988, meet the age requirements of divisions (C)(1)(b) and (C)(1)(c) above.
(3) The provisions of I.C. 22-9.5-1-2 relating to familial status do not apply to housing for older persons.
(Ord. 98-5, passed 2-2-1998)
Statutory reference:
Housing for older persons, see I.C. 22-9.5-3-4
Private clubs, see I.C. 22-9.5-3-3
Religious organizations, see I.C. 22-9.5-52