(A) Sale or rental of single-family houses, rooms or units in certain dwellings.
(1) Subject to subdivision (2), § 151.05 (B) does not apply to the following:
(a) 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; and
2. The house was sold or rented without:
a. The use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, an agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person.; or
b. The publication, posting, or mailing of a notice, a statement, or an advertisement prohibited by § 151.05 (C).
(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 in subdivision (2)(a) 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 division does not prohibit a religious organization, an association, or a society or a nonprofit institution or an 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 person of the same religion unless membership in the religion is restricted because of race, color, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.
(C) This division 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 from 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, sex, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age.
(D) Housing for older persons.
(1) As used in this division, "housing for older persons" means housing:
(a) That the Commission determines is specifically designed and operated to assist elderly persons under federal or state program, provided that, any such determination shall be consistent with determinations made by the U.S. Department of Housing and Urban Development concerning the same subject matter;
(b) Intended for and solely occupied by persons at least 62 years of age; or
(c) Intended and operated for occupancy by at least one person at least 55 years of age, subject to regulations developed by the Secretary of the United States Department of Housing and Urban Development under Section 807(b)(2)(C) of the federal Fair Housing Act.
(2) The provisions of § 151.05 (A) relating to familial status do not apply to housing for older persons.
(E) Appraisal of property. 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, national origin, ancestry, disability, sexual orientation, gender identity, Veteran status, marital status, familial status, or age and shall include segregation, except that it shall not be discrimination for any religious or denominational institution to prefer members of its own religion or denomination for purposes of employment and housing.
(F) Health or safety restrictions; other laws not affected.
(1) This division does not affect a reasonable local, or state restriction on the maximum number of occupants permitted to occupy a dwelling or restriction relating to health or safety standards provided that such restrictions are themselves reasonable and do not discriminate on any basis prohibited by this chapter.
(2) This division does not affect a requirement of nondiscrimination in any other local, state or federal law.
(Ord. 5924, passed 7-25-94; Am. Ord. 6128, passed 7-12-99; Am. Ord. 6829, passed 6-7-16)