216.12 - EXCEPTIONS.

        216.12  EXCEPTIONS.
         1.  The provisions of sections 216.8 and 216.8A shall not apply
      to:
         a.  Any bona fide religious institution with respect to any
      qualifications it may impose based on religion, sexual orientation,
      or gender identity, when the qualifications are related to a bona
      fide religious purpose unless the religious institution owns or
      operates property for a commercial purpose or membership in the
      religion is restricted on account of race, color, or national origin.

         b.  The rental or leasing of a dwelling in a building which
      contains housing accommodations for not more than two families living
      independently of each other, if the owner resides in one of the
      housing accommodations.
         c.  The rental or leasing of less than four rooms within a
      single dwelling by the occupant or owner of the dwelling, if the
      occupant or owner resides in the dwelling.
         d.  Discrimination on the basis of familial status involving
      dwellings provided under any state or federal program specifically
      designed and operated to assist elderly persons, as defined in the
      state or federal program that the commission determines to be
      consistent with determinations made by the United States secretary of
      housing and urban development, and housing for older persons.  As
      used in this paragraph, "housing for older persons" means housing
      communities consisting of dwellings intended for either of the
      following:
         (1)  For eighty percent occupancy by at least one person
      fifty-five years of age or older per unit, and providing significant
      facilities and services specifically designed to meet the physical or
      social needs of the persons and the housing facility must publish and
      adhere to policies and procedures which demonstrate an intent by the
      owner or manager to provide housing for persons fifty-five years of
      age or older.
         (2)  For and occupied solely by persons sixty-two years of age or
      older.
         e.  The rental or leasing of a housing accommodation in a
      building which contains housing accommodations for not more than four
      families living independently of each other, if the owner resides in
      one of the housing accommodations for which the owner qualifies for
      the homestead tax credit under section 425.1.
         f.  Discrimination on the basis of sex involving the rental,
      leasing, or subleasing of a dwelling within which residents of both
      sexes would be forced to share a living area.
         2.  The exceptions to the requirements of sections 216.8 and
      216.8A provided for dwellings specified in subsection 1, paragraphs
      "b", "c", and "e", do not apply to advertising related to
      those dwellings.  
         Section History: Early Form
         [C71, § 105A.14; C73, § 601A.14; C75, 77, § 601A.11; C79, 81, §
      601A.12] 
         Section History: Recent Form
         89 Acts, ch 205, §3, 4; 91 Acts, ch 184, §5--7; 92 Acts, ch 1129,
      §6--9
         C93, § 216.12
         95 Acts, ch 129, §5--7; 2007 Acts, ch 191, §14