The provisions of this chapter prohibiting discriminatory housing practices, other than the prohibition of discriminatory advertising, shall not apply to:
(A) The rental or lease of any housing accommodations in a building which contains or has accommodations for 3 or fewer families living independently of each other, if the owner or a member of his or her family resides in 1 of the housing accommodations;
(B) The rental or lease of any rooming units in a housing unit, if the owner or a member of his or her family resides in the housing unit;
(C) The rental or lease of any rooming units in a house in which the owner of the entire house or member of his or her family resides;
(D) Rental or provision of lodging by a private club or organization not open to the general public that, as an incident to its primary purpose or purposes of lodging that it owns, leases or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodging to its members and guests or from giving preference to its members and guests;
(E) A private individual or business disposing of his or her property through private sale without the aid of any real estate broker or real estate salesperson, and without advertising or public display, but nothing in this section shall prohibit the owner from using attorneys, escrow agents, abstractors, title professionals and other professionals for assistance as necessary to perfect or transfer title;
(F) Housing for older persons with respect to familial status. Housing for older persons means housing:
(1) Provided under any program of a state or federal housing agency that is specifically designed and operated to assist elderly persons (as defined by the state or federal 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 1 person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this chapter, state or federal housing agency regulations must require at least the following factors:
(a) The existence of facilities and services are designed to meet the physical or social needs of older persons or to present housing opportunities for older persons;
(b) That at least 80% of the dwellings are occupied by at least 1 person 55 years of age or older per unit;
(c) The publication of, and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(G) Nothing in this chapter requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the owner's property or the property of others.
(H) Nothing in this chapter shall require an owner of real property to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.
(I) Nothing in this chapter shall prohibit conduct against a person who has been convicted by any court of competent jurisdiction of the illegal manufacture, use, sale or distribution of a controlled substance.
(Ord. 2015-002, passed 6-1-2015)