Lincoln, Neb., Mun. Code ch. 11.06 § 11.06.070
Exceptions; Religious or Private Clubs; Private Homes; Housing for Older Persons
Operative Text
(a) Nothing in this chapter shall prohibit a religious organization, association, or society or any non-profit institutional 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 commercial purposes to persons of the same religion, or from giving preferences to such persons, unless membership in such religion is restricted on account of race, color, or national origin. (b) Nothing in this chapter shall prohibit a private club not in fact open to the public, which, as an instance to its primary purpose or purposes, provides lodging, which it owns or operates for other than commercial purposes, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members. (c) Nothing in this chapter (except Section 11.06.020 (c)) shall prohibit or limit the right of any person or their authorized representative to refuse to rent a room or rooms in such person's own home for any reason, or for no reason, or to change the tenants in such home as often as may be desired; provided, that this exception shall not apply to any person who makes available for rental or occupancy more than four sleeping rooms to a person or a family within such home. (d) Nothing in this chapter shall limit the applicability of restrictions regarding the maximum number of occupants permitted to occupy a dwelling, and nothing in this chapter regarding familial status shall apply with respect to housing for older persons as defined in Section 11.01.010 . (e) Nothing in this chapter shall 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 by state law. (Ord. 17031 §4; July 15, 1996: prior Ord. 15966 §9; September 9, 1991: P.C. §11.06.060: Ord. 12849 §20; February 19, 1980: Ord. 12621 §10; July 2, 1979: Ord. 10917 §2; October 1, 1973).
Lincoln Municipal Code § 11.06.070 carves out several categories of housing from the chapter's general fair-housing requirements. Religious organizations and private clubs may restrict occupancy in non-commercially operated dwellings to their own members or co-religionists, as long as those memberships are not themselves restricted by race, color, or national origin. Homeowners renting rooms within their own residence may decline any applicant for any reason—or no reason—unless they make more than four sleeping rooms available for rent. Additionally, occupancy-limit rules remain enforceable regardless of familial-status protections, housing designated for older persons retains its exemption, and conduct adverse to persons convicted of illegal drug manufacturing or distribution is not prohibited under this chapter.
Plain English — not legal advice.
Operators covered by § 11.06.070 should understand that the exemptions it creates are narrow and condition-specific. A religious organization or private club that owns and operates non-commercial lodging may lawfully restrict occupancy to members, but only if membership itself is not gated by race, color, or national origin. Homeowners renting rooms within their personal residence generally retain broad discretion over tenant selection under this section, but that discretion ends once more than four sleeping rooms are made available—at which point the full protections of the chapter apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 11.06.070 defines the limits of the exemptions, which means tenants can assess whether a landlord's claimed exception actually applies to their situation. For example, a homeowner renting out five or more sleeping rooms within their home cannot rely on the personal-residence carve-out to justify a refusal. Tenants who believe a landlord is improperly invoking one of these exceptions may wish to contact a local tenant-rights organization or the Lincoln city government to understand available complaint or enforcement pathways under Chapter 11.06.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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