Nothing in this chapter shall:
(a) Apply to:
(1) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence; or
(2) The rental, lease or occupancy of a room in an owner-occupied single-family dwelling or to the rental of a room or rooms in a private home by an owner if he or she or a member of his or her family resides therein or, while absent for a period of not more than twelve (12) months, if he or she or a member of his or her family intends to return to reside therein; or
(3) The sale of a single-family home by its owner so long as each of the following criteria are met:
A. The owner does not own or have a beneficial interest in more than three (3) single-family homes at the time of the sale; and
B. The owner or a member of his or her family was the last current resident of the home; and
C. The home is sold without the use in any manner of the sales or rental facilities or services of any real estate broker or salesman, or of any employee or agent of any real estate broker or salesman; and
D. The home is sold without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of subsection 289.05(d) of this chapter.
(b) 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 or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than commercial purposes 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, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap;
(c) 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 and their guests or from giving preference to its members;
(d) Prohibit the rental or sale of a dwelling on the basis of age or physical handicap where such dwelling is authorized, approved, financed, or subsidized in whole or in part by a unit of State, local, or Federal government;
(e) Apply to local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling;
(f) Require the rental or sale of a unit, home or other dwelling to any person convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance;
(g) Apply to housing for older persons;
(h) 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.
(i) Prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, creed, ancestry, national origin, age, sex, marital status, military status, unfavorable discharge from military service, familial status, or physical or mental handicap.
(Ord. 2003-11. Passed 3-10-03.)