§ 8-772. Exemptions.

The prohibitions in section 8-771 shall not apply to any of the following:

(1)

Age. Restricting rental or sale of housing accommodation to an individual of a certain age group:

a.

When such housing accommodation is authorized, approved, financed, or subsidized in whole or in part for the benefit of that age group by a unit of state, local, or federal government; or

b.

When the duly recorded initial declaration of a condominium or community association limits such housing accommodations to individuals 50 years of age or older, provided that an individual or members of the household of an individual owning or renting a unit in such housing accommodation prior to the recording of the initial declaration shall not be deemed to be in violation of the age restriction as long as the individual or household member continues to own or reside in the housing accommodation.

(2)

Religion. Limitation, by a religious organization, association, or society, or any not-for-profit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, of the sale, rental, or occupancy of a dwelling which it owns or operates for other than a commercial purpose to individuals of the same religion, or from giving preference to such individuals.

(3)

Single sex. Restricting the rental of rooms in a housing accommodation to individuals of one sex.

(4)

Private rooms. Rental of a room or rooms in a private home by an owner if heor a member of his family resides therein or, while absent for a period of not more than 12 months, if he or a member of his family intends to return to reside therein.

(5)

Section 8 Housing. Notwithstanding anything to the contrary contained in this article, nothing contained in this article shall require any person who does not participate in the Federal Section 8 Housing Assistance Program (42 USC 1437f) to accept any subsidy, payment assistance, voucher, or contribution under or in connection with such program or to lease or rent to any tenant or prospective tenant who is relying on such a subsidy, payment assistance, contribution, or voucher for payment of part of the rent for such housing accommodation.

(6)

Public offering. Nothing in this article shall require an owner to offer property to the public at-large before selling or renting it, nor shall this section be deemed to prohibit owners from giving preference to prospective tenant or buyers for any reason other than unlawful discrimination.

(7)

Owner-occupied dwellings. Nothing in this article shall apply to the listing of rooms to roomers in a dwelling unit occupied by the owner or lessee of the entire premises as a family household having not more than two roomers exclusive of domestic servants, or to owner occupied dwellings involving less than six units.

(8)

Good faith negotiation. Nothing in this article shall require a person to offer property for sale or lease or rental to any person if the owner has any reason to believe that such a person is not negotiating for the purchase, lease, or rental thereof in good faith.

(Code 1993, § 9-14.5; Ord. No. 89-O-68, 12-5-1989; Ord. No. 94-O-90, 11-8-1994)