A.    The prohibitions against discrimination in the sale or rental of housing set forth in Section 15-201(a) shall apply to:

1.    All dwellings, except as exemption by subsection (B), (C), and (D).

B.    Nothing in this article, other than the prohibitions against discriminatory advertising described in Section 15-201(A), shall apply to:

1.    The sale or rental of any single-family dwelling by an owner, provided the following conditions are met:

a.     Such owner owns or has an interest in three (3) or fewer single-family dwellings at any one time.

b.    The dwelling is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings.  This exemption applies to only one sale in any 24-month period if the owner selling the dwelling does not reside in the dwelling at the time of the sale or was not the most recent resident of the dwelling prior to the sale.

2.    Rooms or units in buildings 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 the owner’s residence.

C.    No provision of this article regarding familial status shall apply to dwellings provided under any state or federal program specifically designed and operated to assist elderly persons, as defined in the state or federal program, or to housing for older persons.

D.    Nothing in this article shall 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, association or society, from limiting the sale, rental or occupancy of real property 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 on account of race, religion, color, sex, disability, familial status, national origin or ancestry.

E.    Nothing in this article shall prohibit a nonprofit private club in fact not 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 or from giving preference to its members.

F.    Nothing in this article shall prohibit conduct against a person because such person has been convicted two (2) or more times by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in 21 U.S.C. 802 of the Federal Controlled Substances Act.

(Code 2015)