Current through 2024-38, September 18, 2024
A. This part does not:
(1) Prohibit a bona fide religious
organization, corporation, association, or society which does not receive
public funds. or any non-profit institution or organization operated,
supervised or controlled by or in conjunction with such a religious
organization, corporation, association, or society, from limiting the sale,
rental or occupancy of dwellings 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 because of
race, color, or national origin.
(2) Prohibit a private club, not in fact open
to the public, which 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 lodging to its members or from giving
preference to its members.
(3)
Limit the applicability of any reasonable local, State or Federal restrictions
regarding the maximum number of occupants permitted to occupy a dwelling;
or
(4) Prohibit conduct against a
person because such person has been convicted by any court of competent
jurisdiction of the illegal manufacture or distribution of a controlled
substance as defined in State or Federal Controlled Substance Acts.
B. Nothing in this part regarding
discrimination based on familial status applies with respect to housing for
older persons as defined in Section
8.07 of this Rule.
C. Nothing in this part, other than
§§8.04(A)(4)
(statements or advertisements), 8.04(A)(7) (brokerage services), 8.04(E)
(advertisement, statements and notices), 8.04(H) (brokerage services), and 8.05
(residential real estate-related transactions), applies to:
(1) The rental of a one-family unit of a
2-family dwelling, one unit of which is occupied by the owner.
(2) The rental as residences of not more than
4 rooms of a one-family dwelling which is occupied by the owner. This section
does not apply to temporary rentals, such as bed-and-breakfasts or vacation
rentals not being used as residences, which are considered places of public
accommodation.
D. Nothing
in the Act or these regulations regarding discrimination based on sexual
orientation or gender identity applies to the rental of any dwelling owned,
controlled, or operated for other than a commercial purpose to its membership
by a bona fide religious organization, corporation, association, or society
that does not receive public funds. Any for-profit organization owned,
controlled, or operated by a religious association or corporation and subject
to the provisions of the Internal Revenue Code, 26
United States Code, Section
511(a), is not
covered by the exemptions set forth in this paragraph.
