[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR100.10]

[Page 648]
 
                 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.