§ 10-24. Exemptions

(a)

Section 10-25 below does not:

(1)

Prohibit a religious organization, association, or society, or any non-profit 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 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 lodgings to its members or from giving preference to its members.

(3)

Limit the applicability of any reasonable local, State of Florida 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 jurisdictions of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802).

(b)

Nothing in this article regarding discrimination based upon familial status applies with respect to housing for older persons as outlined in 24 CFR, Part 100, Chapter 1, Subchapter A, Fair Housing, Subpart E, Housing for Older Persons.

(1)

In order for a housing facility or community to qualify as housing designed for persons who are 55 years of age or older, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons 55 years of age or older. The following factors, among others, are considered relevant in determining whether the housing facility or community has complied with this requirement:

a.

The manner in which the housing facility or community is described to prospective residents;

b.

Any advertising designed to attract prospective residents;

c.

Lease provisions;

d.

Written rules, regulations, covenants, deed or other restrictions;

e.

The maintenance and consistent application of relevant procedures;

f.

Actual practices of the housing facility or community; and

g.

Public posting in common areas of statements describing the facility or community as housing for persons 55 years of age or older.

(2)

Phrases such as "adult living," "adult community," or similar statements in any written advertisement or prospectus are not consistent with the intent that the housing facility or community intends to operate as housing for persons fifty-five (55) years of age or older.

(3)

If there is language in deed or other community or facility documents which is inconsistent with the intent to provide housing for persons who are fifty-five (55) years of age or older, per 24 CFR 100.306(c), the United States Department of Housing and Urban Development shall consider documented evidence of a good faith attempt to remove such language in determining whether the housing facility or community complies with the requirements of this section in conjunction with other evidence of intent.

(4)

A housing facility or community may allow occupancy by families with children as long as it meets the requirements of 24 CFR 100.305 and 24 CFR 100.306(a).

(c)

Nothing in this article, other than the prohibitions against discriminatory advertising in section 10-25(c) below applies to:

(1)

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

a.

The owner does not own or have any interest in more than three (3) single-family houses at any one (1) time.

b.

The house is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any persons in the business of selling or renting dwellings. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to such sale, the exemption in paragraph (c)(1) of this section applies to only one (1) such sale in any twenty-four (24) hour period.

(2)

Rooms or units in dwellings 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 (1) of such living quarters as his or her residence.

(Ord. No. 2002-98, § 2, 12-3-02)