628.05 EXCEPTIONS TO CHAPTER.
   (a)   Nothing in this chapter shall bar any religious or denominational institution or organization, or any nonprofit, charitable or educational organization that is operated, supervised or controlled by or in connection with a religious organization, from 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 from giving preference in the sale, rental or occupancy of such dwellings to persons of the same religion, unless membership in the religion is restricted on account of race, color or national origin. Nothing in this chapter shall bar any bona fide private or fraternal organization which, incidental to its primary purpose, owns or operates lodging 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.
   (b)   Nothing in this chapter shall be construed to require any person selling or renting property to modify such property in any way or to exercise a higher degree of care for a person having a disability, nor shall it be construed to relieve any person having a disability of any obligation generally imposed on all persons regardless of disability in a written lease, rental agreement or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations, of the lease, agreement or contract.
   (c)   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.
   (d)   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. Nothing in this chapter regarding familial status shall apply to dwellings provided under any State or Federal programs specifically designed and operated to assist elderly persons, as defined in the State and Federal program, or to housing for older persons. As used in this chapter, “housing for older persons” means housing communities consisting of dwellings intended for, and at least ninety percent occupied by, at least one person fifty-five years of age or older per unit, and providing significant facilities and services specifically designed to meet the physical or social needs of such persons, or intended for and occupied solely by persons sixty-two years of age or older.
(Ord. 1988-176. Passed 10-3-88; Ord. 16-136. Passed 9-20-16.)