§ 42-40. Housing exemptions.
(a)
Nothing in this article shall prohibit a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting or from advertising the sale, rental or occupancy of housing which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons. However, this exception shall not apply if such religious organization, association, society or any nonprofit, charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization restricts membership in its organization on the basis of race, color or national origin, nor shall anything in this article prohibit a private club not in fact opened to the public, which as an incident to its preliminary purpose 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)
No provision of this article regarding familial status or age shall apply to the housing for older persons. As used in this subsection, the term "housing for older persons" means housing:
(1)
Specifically designed and operated, pursuant to any local, state, or federal regulations, to assist elderly persons as defined in the local, state or federal program;
(2)
Intended for and solely occupied by persons 62 years of age or older; or
(3)
Intended for and occupied by at least one person 55 years of age or older per unit.
(c)
In determining whether the housing qualifies as housing for older persons as provided in this section, the mediator or county fair housing division shall consider, but not be limited to, the following factors:
(1)
The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;
(2)
That at least 80 percent of the housing is occupied by at least one person 55 years of age or older per unit; and
(3)
The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(d)
Housing shall not fail to be considered housing for older persons if:
(1)
A person who resides in such housing on or after the effective date of the ordinance from which this article is derived does not meet the age requirements of subsection (b) of this subsection, provided that any new occupant meets such age requirements; or
(2)
One or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of subsection (b) of this section.
(e)
Nothing contained in this article shall preclude the seller, developer, condominium association, lessor, property owner, or that person's authorized agent, from setting forth reasonable rules, regulations, terms and conditions pertaining to the sale or lease or disposal of such person's property; provided such rules, regulations, terms and conditions are not based on race, color, religion, sex, gender identity or expression, genetic information, sexual orientation, national origin, age, disability, familial status, or marital status and provided there is no conflict with the affirmative provisions set forth in this article. Furthermore, nothing in this article shall preclude reasonable rules, regulations, or terms and conditions pertaining to the safe and prudent use by minors and facilities and amenities provided in conjunction with real property.
(Code 1979, § 34-10; Ord. No. 4045-07, § 3, 5-7-2007; Ord. No. 4308-10, § 3, 11-15-2010)