(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 in divisions (B) and (C) below.
(B) Nothing in this chapter shall prohibit 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, 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) Nothing in this chapter regarding familial status shall apply with respect to housing for older persons.
(2) As used in this division (C), HOUSING FOR OLDER PERSONS means housings:
(a) Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development, or the State Civil Rights Commission, determines 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.
(Ord. 94-4, passed 2-7-1994; Ord. 2023-14, passed 10-2-2023)