Belvidere — Ch. 62 Human Relations § 62-37
Exemptions
Operative Text
Nothing contained in section 62-33 shall prohibit: (1) Private sales of single-family homes. Any sale of a single-family home by its owner so long as the following criteria are met: a. The owner does not own or have a beneficial interest in more than three single-family homes at the time of the sale. b. The owner or a member of his family was the last current resident of the home. c. The home is sold without the use in any manner of the sales or rental facilities or services of any real estate broker or salesman, or of any employee or agent of any real estate broker or salesman. d. The home is sold without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 62-33 (6). (2) Apartments. Rental of a housing accommodation in a building that contains housing accommodations for not more than five families living independently of each other if the lessor or a member of his family resides in one of the housing accommodations. (3) Private rooms. Rental of a room or rooms in a private home by an owner if he or a member of his family resides therein or, while absent for a period of not more than 12 months, if he or a member of his family intends to return to reside therein. (4) Restrictions on maximum number of occupants. Reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. (5) Religious organizations. 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 a dwelling 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. (6) Rental to one gender. Restricting the rental of rooms in a housing accommodation to persons of one sex. (7) Persons convicted of drug-related offenses. 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 federal Controlled Substances Act (21 USC 802). (8) Appraisals. Persons engaged in the business of furnishing appraisals of real property from taking into consideration factors other than those based on unlawful discrimination or familial status in furnishing appraisals. (9) Housing for older persons. No provision in this article regarding familial status shall apply with respect to housing for older persons. a. As used in this section, "housing for older persons" means housing: 1. Provided under any state or federal program that the department determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or 2. Intended for, and solely occupied by, persons 62 years of age or older; or 3. Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the department shall develop regulations which require at least the following: i. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and ii. That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and iii. The publication of and adherence to policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. b. Housing shall not fail to meet the requirements for housing for older persons by reason of: 1. Persons residing in such housing as of September 11, 1989, who do not meet the age requirements of subsection (9)a.2 or (9)a.3 of this section; provided, that new occupants of such housing meet the age requirements of subsection (9)a.2 or (9)a.3 of this section; or 2. Unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subsection (9)a.2 or (9)a.3 of this section.
Belvidere Ch. 62 Human Relations § 62-37 carves out specific categories of housing transactions that are not subject to the fair-housing prohibitions in § 62-33. These exemptions cover situations such as owner-occupied small apartment buildings, private room rentals in an owner's home, single-family home sales meeting strict criteria, housing operated by religious organizations for their members, age-restricted housing for older persons, and a few other narrowly defined circumstances. Each exemption comes with its own conditions, meaning the carve-out applies only when all relevant criteria are satisfied.
Plain English — not legal advice.
Under § 62-37, property owners and managers who believe their property or transaction falls within one of the listed exemptions should carefully review each condition attached to that exemption, since all criteria must be met for the exemption to apply. For example, an owner relying on the small-building apartment exemption (subsection 2) must actually reside in one of the units, while an owner invoking the single-family home exemption (subsection 1) must avoid using a real estate broker and must not publish discriminatory notices. Operators of age-restricted communities should pay particular attention to the occupancy thresholds, documentation, and policy requirements outlined in subsection 9 to maintain qualifying status.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 62-37 defines the boundaries of when the fair-housing protections in § 62-33 do and do not apply, which is important context for tenants evaluating whether a housing provider's conduct is covered by Belvidere's human relations ordinance. If a landlord claims an exemption — such as the owner-occupied small building or private room provisions — tenants can examine whether all stated conditions are genuinely met, since an improperly claimed exemption does not strip away the ordinance's protections. Tenants who believe an exemption is being misapplied may consider raising the issue as a defense in a housing proceeding, filing a complaint with the appropriate local or state agency, or consulting a tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation