§ 90.09 EXEMPTIONS.
   (A)   Exemptions defined or set forth under I.C. 22-9.5-3 et seq. shall be exempt from the provisions of this chapter, including those activities or organizations set forth under divisions (B) and (C) below.
   (B)   (1)   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.
      (2)   Nothing in this chapter shall 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)   Nothing in this chapter regarding familial status shall apply with respect to housing for older persons. As used in this division (C), HOUSING FOR OLDER PERSONS means housing:
      (1)   Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state’s Civil Rights Commission determines is specifically designed and operated to assist elderly persons as defined in the state or federal programs;
      (2)   Intended for, and solely occupied by, persons 62 years of age or older; or
      (3)   Intended and operated for occupancy by at least one person 55 years of age or older per unit.
(Ord. 2015-5, passed 4-7-2015)