[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR100.10]



[Page 662]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 100_DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT--Table 

of Contents

 

                            Subpart A_General

 

Sec.  100.10  Exemptions.



    (a) This part does not:

    (1) 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 

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 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 

section 102 of the Controlled Substances Act (21 U.S.C. 802).

    (b) Nothing in this part regarding discrimination based on familial 

status applies with respect to housing for older persons as defined in 

subpart E of this part.

    (c) Nothing in this part, other than the prohibitions against 

discriminatory advertising, applies to:

    (1) The sale or rental of any single family house by an owner, 

provided the following conditions are met:

    (i) The owner does not own or have any interest in more than three 

single family houses at any one time.

    (ii) The house 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. 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 this 

paragraph (c)(1) of this section applies to only one such sale in any 

24-month period.

    (2) Rooms or units in dwellings containing living quarters occupied 

or intended to be occupied by no more than four families living 

independently of each other, if the owner actually maintains and 

occupies one of such living quarters as his or her residence.