(a) Housing for older persons exempted.
(1) The provisions of this division relating to familial status do not apply to housing for older persons.
(2) In this section
HOUSING FOR OLDER PERSONS means housing:
a. That the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons under a federal or state 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 as determined by the Secretary of the United States Department of Housing and Urban Development. To the extent that such a determination falls within the jurisdiction of the commission, the following factors at minimum must be present for the dwelling(s) to qualify for the exemption:
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; and
2. That at least 80% of the units 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.
(b) Certain sales and rentals exempted.
(1) Subject to subsection (b)(2) below, § 17-88 does not apply to:
a. The sale or rental of a single-family house sold or rented by an owner if:
1. The owner does not:
i. Own more than three single-family houses at any one time; or
ii. Own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three single-family houses at any one time.
2. The house was sold or rented without:
i. The use of the sales or rental facilities or services of a real estate broker, agent or salesman licensed under state law, or of an employee or agent of a licensed broker, agent or salesman, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families; or
ii. The publication, posting or mailing of a notice, statement or advertisement prohibited by § 17-88.
b. The sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the living quarters as the owner’s residence.
(2) The exemption of subsection (b)(1)(a)1. of this section applies to only one sale or rental in a 24-month period if the owner was not the most recent resident of the house at the time of the sale or rental.
(c) Religious organization, nonprofit organization and private club exemption.
(1) This division does not prohibit a religious organization, association or society, or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with, a religious organization, association or society, from:
a. Limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or
b. Giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color or national origin.
(2) This division does not prohibit a private club not open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members.
(d) Appraisal exemption. This division does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression.
(e) Effect on other law.
(1) This division does not affect reasonable maximum safe occupancy regulations for dwellings.
(2) This division does not affect any requirement of nondiscrimination in any other local, state or federal law.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 11384, § 1(A), passed 8-17-1993; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 18909-11-2009, § 1, passed 11-10-2009; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)