(A) Exemptions defined or set forth under I.C. 22-9.5-3 et seq. shall be exempt from the provisions of this chapter to 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 membership in such religion restricted on account of race, color or national origin; nor shall anything in this chapter prohibit a private club not in fact open to the public, which has an incident to its primary purpose or purposes from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(C) (1) Nothing in this chapter regarding familial status shall apply with respect to housing for older person.
(2) As used in this section, the phrase HOUSING FOR OLDER PERSONS means housing:
(a) Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the State Civil Rights Commission determines is specifically designed and operated to assist elderly persons (as defined in the state or federal 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.
(3) Housing that includes units that are unoccupied or that are occupied by persons who do not meet the age requirement of divisions (C)(2)(b) or (C)(2)(c) above does not fail to meet the requirements for housing older persons if:
(a) The unoccupied units are reserved for persons who meet the age requirements of divisions (C)(2)(b) or (C)(2)(c) above; or
(b) The occupants who do not meet the age requirements of divisions (C)(2)(b) or (C)(2)(c) above have resided in the housing since September 13, 1988 or an earlier date, and the persons who become occupants after September 13, 1988 meet the age requirements of divisions (C)(2)(b) or (C)(2)(c) above.
(4) The town shall adopt rules under I.C. 4-22-2 to establish criteria for matching determinations under division (C)(2) above; these rules must include at least the following provisions.
(a) Except as provided in the following division (C)(4)(b) below, the housing must provide significant faculties and services specifically designed to meet the physical or social needs of older persons.
(b) If the provision of the facilities and services described in division (C)(4)(a) above is not practicable, the housing must be necessary to provide important housing opportunities for older persons.
(c) At least 80% of the units must be occupied by at least one person who is at least 55 years of age.
(d) The owner or manager of the housing must publish and adhere to provide housing for persons who are at least 55 years of age.
(Ord. 1998-3, passed 3-23-1998)