(A) Nothing in this chapter shall require an owner to offer real property to the public at large before selling or renting it, providing he complies with all other provisions of this chapter. Nor shall this chapter require an owner or his agent to offer real property for sale or lease to any person if the owner or his agent has reasonable cause which can be substantiated to believe that such person is not negotiating for the purchase or lease of such real property in good faith, nor shall this chapter be deemed to prohibit owners from giving preference to prospective tenants or buyers for any reason other than religion, race, color, sex, handicap, familial status, or national origin.
(B) Nothing in this chapter regarding familial status shall apply to housing:
(1) Intended for, and solely occupied by, persons 62 years of age or older; or
(2) Intended and operated for occupancy by at least one person 55 years of age or older per unit, providing that the housing facility has significant facilities and services specifically designed to meet the physical or social needs of older persons or the housing facility is providing important housing opportunities for older persons.
(C) Nothing in this chapter shall prohibit religious organizations, associations, or societies, 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, lease 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 because of race, color, or national origin.
(D) Nothing in this chapter shall prohibit a private club, not in fact open to the public, which, 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.
(E) Nothing in this chapter shall prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802).
(F) Nothing in this chapter other than the prohibitions against discriminatory advertising, shall apply to:
(1) The sale or rental of any single-family house by an owner, provided the following conditions are met:
(a) The owner does not own or have any interest in more than three single-family houses at any one time; and
(b) The real estate is sold, rented, or leased without the use of a real estate broker, agent, or salesperson or the facilities of any person in the business of selling or renting real estate.
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence. As used herein, the term
DWELLING UNIT means one or more rooms which are arranged, designed, or used as living quarters for one family or one individual. The term OWNER includes the spouse of the owner and also one having equitable title under a land trust.
(G) Nothing in this chapter shall prohibit financial institutions from considering sound underwriting practices in contemplation of any loan to any person. Such practices shall include:
(1) The willingness and the financial ability of the borrower to repay the loan.
(2) The market value of any real estate or other item of property proposed as security for any loan.
(3) Diversification of the financial institution's investment portfolio.
(H) Nothing in this chapter shall prohibit a person engaged in the business of furnishing appraisals to real property to take into consideration factors other than race, color, religion, sex, handicap, familial status, or national origin.
(I) Nothing in § 101.21 shall apply to a limitation of use on the basis of religion of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization and used for religious or charitable purposes.
(J) Nothing in § 101.15 shall prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps:
(1) Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;
(2) Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with handicaps or to persons with a particular type of handicap;
(3) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with handicaps or to persons with a particular type of handicap;
(4) Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance;
(5) Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
(Ord. O-46-93, passed 11-16-93)