§ 42-22. Exemption.

(a)

Nothing in this article shall 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 on account of race, color or national origin.

(b)

Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose 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.

(c)

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, nor does any provision in this article regarding familial status apply with respect to dwellings provided under any state or federal program specifically designed and operated to assist elderly persons, as defined in the state or federal program, or to housing for older persons. As used in this subsection, the term "housing for older persons" means housing communities consisting of dwellings either:

(1)

a.

Intended for, and at least 80 percent occupied by, at least one person who is 55 years of age or older per unit and providing significant facilities and services specifically designed to meet the physical or social needs of such persons; and

b.

The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years or older; or

(2)

Intended for and occupied solely by persons 62 years of age or older.

(Code 1969, § 8¼-27; Code 1997, § 42-29)

State law reference

Similar provisions, R.S. 51:2605.