§ 104.21  EXEMPTIONS.
   Sale or rental of single-family houses - rooms or units in certain dwellings.
   (A)   Certain sales and rentals.  Subject to § 104.22(A) does not apply to the following:
      (1)   The sale or rental of a single family house sold or rented by an owner if:
         (a)   The owner does not own more than three single-family houses at any one time; or
         (b)   The owner does nor 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 3 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 swelling designed or intended for occupancy by 5 or more families; or
         (b)   The publication, posting, or mailing of a notice, a statement or an advertisement prohibited by § 104.22.
      (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 4 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 division (A)(1) 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.
   (B)   This chapter does not prohibit a religious organization, an association or a society or a nonprofit organization operated, supervised or controlled by or in conjunction with a religious organization, an association or a society from:
      (1)   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
      (2)   Giving preference to persons of the religion, unless membership in the religion is restricted because of race, color or national origin.
   (C)   This chapter does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, sex, religion, national origin, handicap or familial status.
   (D)   This chapter does not prohibit a private club not open to the public that, as an incident to the club’s primary purpose, provides lodging that the club owns or operates for other than a commercial purpose limiting the rental or occupancy of that lodging to the members or from giving preference to the members, unless membership in the club is restricted because of race, color or national origin.
   (E)   As used in this chapter, housing for older persons means housing:
      (1)   Determined by the Commission that it is specifically designed and operated to assist elderly person under a federal or state program consistent with determinations made by the Secretary of Housing and Urban Development under the Fair Housing Act;
      (2)   Intended for an solely occupied by persons at least 62 years of age;
      (3)   Intended and operated for occupancy by at least 1 person at least 55 years of age in each unit;
      (4)   Housing that includes units that are unoccupied or that are occupied by persons who do not meet the age requirements of divisions (E)(2) or (E)(3) above does not fail to meet the requirements for housing for older persons if:
         (a)   The unoccupied units are reserved for persons who meet the age requirements of divisions (E)(2) or (E)(3); or
         (b)   The occupants who do not meet the age requirements of divisions (E)(2) or (E)(3) have resided in the housing since September 13, 1988, or an earlier date, and the persons who became occupants after September 13, 1988, meet the age requirements of division (E)(2) or (E)(3).
      (5)   The Commission shall adopt rules under this chapter to establish criteria for making determinations under division (E) above.  These rules must include at least the following provisions:
         (a)   Except as provided in division (E)(4)(b) above, the housing must provide significant facilities and services specifically designed to meet the physical or social needs of older persons.
         (b)   If the provisions of the facilities and services described in division (E)(5)(a) above is not practicable, the housing must be necessary to provide important housing opportunities for older person;
         (c)   At least 80% of the units must be occupied at least 1 person who is at least 55 years of age.
         (d)   The owner or manager of the housing must publish and adhere to policies and procedures that demonstrate an intent by the owner or manager to provide housing to persons who are at least 55 years of age.
      (6)   The provisions of § 104.20 relating to familial status do not apply to housing for older persons.
   (F)   This chapter does not affect:
      (1)   A reasonable local restriction on the maximum number of occupants permitted to occupy a dwelling or restriction relating to health and safety standards, provided:
         (a)   Such a restriction is reasonable and operates in a fashion which does not discriminate; and
         (b)   The restriction is not otherwise prohibited under the Federal Fair Housing Act.
      (2)    A requirement of nondiscrimination in any other city ordinance.
   (G)   This chapter in no way affects the rights and remedies in §§ 37.045et seq. which are still applicable against the exemptions listed herein.
(Prior Code, § 104.21)  (Ord. 7483, passed 5-12-1992; Am. Ord. 7606, passed 7-26-1993)