The following actions shall be exempted from the terms of this chapter:
(A) Private sales or rentals of single family houses. The sale or rental of any single family house sold or rented by a private individual owner, provided that:
(1) Such owner does not own or have a beneficial interest in more than three single family houses in the village at any one time;
(2) The owner or a member of his or her family was the last current resident of the home;
(3) The home is sold without the use in any manner of the sales or rental facilities or services of any real estate broker or salesperson, or of any employee or agent of any real estate broker or salesperson;
(4) The house is sold or rented without the use, in any manner, of the sales or rental facilities or services of any real estate broker, agent, salesperson or other person in the business of selling or renting dwellings. Nothing in this subdivision however, shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title; and
(5) The house is sold or rented without publication, posting or mailing, of any advertisement or written notice of the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, creed, ancestry, national origin, age, sex, marital status, familial status, disability or physical or mental handicap.
(B) Rental of apartments. The rental of housing accommodations in a building which contains housing accommodations for not more than five families living independently of each other, if the lessor or a member of his or her family resides in one of the housing accommodations.
(C) Private rooms. The rental of a room(s) 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 12 months, if he or she or a member of his or her family intends to return to reside therein.
(D) Religious organizations. The sale, rental or occupancy of dwellings owned or operated for other than a commercial purpose by 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 to persons of the same religion. These organizations shall also not be prohibited from giving preference to such persons in the sale, rental or occupancy of such lodgings unless membership in such religion is restricted on account of race, color or national origin.
(E) Private clubs. The rental or occupancy of lodgings owned or operated by a private club not in fact open to the public, which as an incident to its primary purpose(s) provides lodgings for other than a commercial purpose to its members. These private clubs shall also not be prohibited from giving preference to its members in the rental or occupancy of such lodgings unless membership in such club is restricted on account of race, color or national origin.
(F) Maximum number of occupants. The application of local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
(G) Sex. The restriction of the rental of rooms in a housing accommodation to persons of one sex.
(H) Housing for older persons. The application of provisions in this chapter regarding familial status with respect to congregate elderly housing facilities.
(I) Persons convicted of drug-related offenses. The application of local, state or federal regulations with regard to conduct against a person(s) convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined by Title 21, Section 802.
(J) Persons in business of furnishing appraisals. The consideration by persons in the business of furnishing appraisals of real property of factors other than those based on discrimination in furnishing appraisals.
(K) Financial institutions. Actions which 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.
(L) Subsidized housing. The rental or sale of housing accommodations on the basis of age or physical handicap where such accommodation is authorized, approved, financed or subsidized in whole or in part by a unit of state, local, or federal government.
(Ord. 94-0-032, passed 5-17-94)