(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 dwellings which it owns or operates for other than a commercial purpose, to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. 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 a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(b) Nothing in this chapter limits the applicability of any reasonable local, State or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision in this chapter regarding familial status apply with respect to housing for older persons.
(c) As used in this section, "housing for older persons" means housing:
(1) Which has been determined under the Fair Housing Amendments Act of 1988, P. L. 100-430, to be specifically designed and operated to assist older persons;
(2) Intended for, and solely occupied by, persons sixty-two years of age or older; or
(3) Intended and operated for occupancy by at least one person fifty-five years of age or older per unit, as determined under the Fair Housing Amendments Act of 1988, P. L. 100-430.
(d) Housing shall not fail to meet the requirements for housing for older persons by reason of:
(1) Persons residing in such housing as of September 13, 1988, who did not meet the age requirements of paragraphs (c)(2) and (3) hereof, provided that new occupants of such housing meet the age requirements of paragraphs (c)(2) and (3) hereof;
(2) Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of paragraphs (c)(2) and (3) hereof.
(Ord. 90-22. Passed 5-21-90.)