§ 94.07  RELIGIOUS ORGANIZATION, PRIVATE CLUB; PRIVATE HOME, OR HOUSING FOR OLDER PERSON; RESTRICTING USE NOT PROHIBITED. 
   (A)   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 a dwelling which it owns or operates for other than commercial purposes to persons of the same religion or from giving preferences to those persons unless membership in that religion is restricted on account of race, color, national origin, handicap, familial status, or sex.
   (B)   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 commercial purposes, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.
   (C)   Nothing in this chapter shall prohibit or limit the right of any person or his or her authorized representative to refuse to rent a room or rooms in his or her own home for any reason or for no reason or to change tenants in his or her own home as often as desired, except that this exception shall not apply to any person who makes available for rental or occupancy more than four sleeping rooms to a person or family within his or her home.
   (D)   Nothing in this chapter regarding familial status shall apply with respect to housing for older persons.  For purposes of this division, HOUSING FOR OLDER PERSONS shall mean housing:
      (1)   Provided under any state program that the Commission determines is specifically designed and operated to assist elderly person or defined in the program;
      (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.
(1990 Code, § 10-807)  (Ord. 422, passed 1-3-1995)