§ 94.09  EXEMPTIONS.
   (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 non-profit 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 a commercial purpose to persons of the same religion, or from giving preference to the persons, unless membership in the religion is 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 as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the 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 persons.
      (2)   As used in this section, HOUSING FOR OLDER PERSONS means housing:
         (a)   Provided under any state or federal program that the Secretary for 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 for occupancy by at least one person 55 years of age or older per unit.
(Ord. 4-9-96-1, passed 4-9-1996)