§3607 Religious organization or private club exemption

Summary

Lets religious groups and some private clubs limit who can live in housing they own for noncommercial purposes. A religious group or a nonprofit run with a religious group can sell, rent, or let people live in its homes only to people of the same religion or give them preference, unless the religion itself excludes people because of race, color, or national origin. A private club that is not open to the public and that provides noncommercial lodging can limit rentals or give preference to its members. Local, State, and Federal rules about how many people may live in a home still apply. Rules about families do not apply to "housing for older persons." That kind of housing means one of three things: housing under a State or Federal program for the elderly; housing only for people 62 years of age or older; or housing for people 55 years of age or older that meets three tests: at least 80 percent of occupied units have one person 55 or older, the community has written policies showing that intent, and it follows Federal rules for checking ages using reliable surveys and affidavits. Housing does not lose this status because of residents who were there on September 13, 1988 who are too young, as long as new renters meet the age rules and empty units are kept for eligible people. People convicted of illegally making or selling controlled substances (as defined in section 802 of title 21) may be treated differently. A person who reasonably and in good faith relied on the older-persons exemption cannot be held personally responsible for money damages if the exemption turns out not to apply; to prove good faith they must show they did not know the place was ineligible and that the facility gave a written statement saying it met the exemption rules.