(A) Exemptions defined or set forth under I.C. 22-9.5-3 et seq. shall be exempt from the provisions of this chapter and 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 because 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 lodging to its members, or from giving preference to its members unless membership in the club is restricted because of race, color, or national origin.
(C) Nothing in this chapter regarding familial status shall apply with respect to housing for older persons.
(D) This chapter shall not apply to housing for older persons as defined in I.C. 22-9.5-3-4.
(E) This chapter shall not apply to the sale or rental of a single-family house sold or rented by an owner if:
(1) The owner does not:
(a) Own more than three single-family houses at any one time; or
(b) Own any interest in, nor is there owned or reserved on the owner’s 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:
(a) The use of the sales or rental facilities or services of a real estate broker, an agent, or a salesperson licensed under I.C. 25-34.1, or of an employee or agent of a licensed broker, an agent, or a salesperson, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families; or
(b) The publication, posting, or mailing of notice, a statement, or an advertisement prohibited by I.C. 22-9.5-5-2.
(3) 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.
(4) The exemption in divisions (E)(1) and (E)(2) above 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.
(Ord. 2001-22, passed 10-25-2001)