Housing

(a)

Nothing in this article shall prohibit a religious organization, association, 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 dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such reasons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this article prohibit a private club not in fact 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.

(b)

Nothing in sections 12-81 or 12-82, other than subsection (3) of section 12-81, shall apply to:

(1)

Any single-family house sold or rented by an owner; provided, that such private individual owner does not own more than three (3) such single-family houses at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one (1) such sale within any twenty-four-month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on such owner's behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three (3) such single-family houses at any one time; provided further, that the sale or rental of any such single-family house shall be excepted from the application of this article only if such house is sold or rented:

a.

Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson or person; and

b.

Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of subsection (3) of section 12-81; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or

(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 said owner's residence.

(c)

For the purposes of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if such person:

(1)

Has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or

(2)

Has, within the preceding twelve (12) months, participated as an agent, other than in the sale of such person's own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or

(3)

Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.

(d)

No provision in this article regarding familial status shall apply with respect to housing for older persons.

(1)

As used in this section, "housing for older persons" means housing:

a.

Provided under any state or federal program that the Secretary of Housing and Urban Development (secretary) determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or

b.

Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

c.

Intended and operated for occupancy by at least one (1) person fifty-five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the secretary shall develop regulations which require at least 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; and

2.

That at least eighty (80) percent of the housing is occupied by at least one (1) person fifty-five (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 fifty-five (55) years of age or older.

(2)

Housing shall not fail to meet the requirements for housing for older persons by reason of:

a.

Persons residing in such housing on or before September 13, 1988, who do not meet the age requirements of this subsection, provided that new occupants after September 13, 1988, of such housing meet such age requirements; or

b.

Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of this subsection.

(e)

Nothing in this article prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, familial status or marital status.

(f)

Nothing in this article prohibits 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 under F.S. ch. 893.

(g)

The provisions in this article relating to sexual orientation and gender identity or expression shall not apply to any 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.

(h)

Nothing in this article limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

(i)

Nothing in this article affects a requirement of nondiscrimination in any other state or federal law.

(Ord. No. 92-147, § 2, 9-10-92; Ord. No. 2009-166, §§ 11, 12, 11-19-09; Ord. No. 2010-2, § 11, 1-7-2010)

Secs. 12-102—12-110. - Reserved.

DIVISION 4. - ENFORCEMENT