A. Nothing in this chapter, other than the prohibition against discriminatory advertising, shall apply to the following:
1. The rental, lease, or occupancy of a room in an owner occupied single-family dwelling, provided the following conditions are met:
a. The owner does not own or have any interest in more than three (3) single-family houses at any one time;
b. The house is sold or rented without the use of a real estate broker, agent or salesperson, or the facilities of any person in the business of selling or renting dwellings.
2. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
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 or society 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 such persons, unless membership in such religion is restricted on account of race, color, national origin.
C. Nothing in this chapter shall prohibit a private club not, in fact, open to the public, which, as an incident to its primary purposes, provides lodgings which it owns or operates for other than a commercial purpose from listing the rental or occupancy of such lodgings to its members and their guests or from giving preference to its members.
D. Nothing in this chapter shall prohibit the rental or sale of a dwelling on the basis of age or handicap when such dwelling is authorized, approved, financed, or subsidized, in whole or in part, by a unit of state, local, or federal government.
E. Nothing in this chapter shall limit the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
F. Nothing in this chapter shall require the rental or sale of a unit to any person convicted of the illegal manufacture or distribution of a controlled substance.
G. Nothing in this chapter shall apply to persons engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on unlawful discrimination or familial status in furnishing appraisals.
H. Nothing in this chapter shall prohibit financial institutions from considering sound underwriting practices in contemplation of any loan to any person. Such practices shall include the following:
1. The willingness and the financial ability of the borrower to repay the loan;
2. The market value of any real estate or other time or property proposed as security for any loan; and
3. Diversification of the financial institution's investment portfolio.
I. Nothing in this chapter shall prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, creed, age, ancestry, unfavorable military discharge, color, religion, sex, handicap, familial status, or national origin. (Ord. O-28-09, 4-13-2009)
Next Doc