Omaha, Neb., Code of Ordinances ch. 13, art. IV (2026) § 13-328
Exception for tenancy constituting threat to health, safety or property
Operative Text
Nothing in this article requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
Under Omaha, Neb., Code of Ordinances ch. 13, art. IV § 13-328, the fair-housing protections established elsewhere in Article IV do not compel a housing provider to rent to someone whose presence would pose a direct threat to the health or safety of others, or who would cause substantial physical damage to others' property. This provision carves out a narrow exception to the general obligation to make dwellings available without discrimination. The exception is tied specifically to demonstrable threats or damage risks, not to generalized concerns or assumptions about a prospective tenant.
Plain English — not legal advice.
Omaha, Neb., Code of Ordinances ch. 13, art. IV § 13-328 gives property owners and managers a limited basis for declining a tenancy when there is an objective, documented basis for concluding that the applicant poses a direct threat to health or safety or would cause substantial physical damage to others' property. Compliant operators typically rely on individualized assessments supported by concrete evidence rather than stereotypes, blanket policies, or speculative concerns. Maintaining clear, consistent documentation of the specific facts that support any such determination is a common practice among operators who invoke this exception.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13-328 of Omaha, Neb., Code of Ordinances ch. 13, art. IV is a narrow exception, and the broader anti-discrimination protections of Article IV remain in full effect for most applicants and tenants. If a housing provider claims this exception to deny housing, tenants and applicants have general avenues available, such as filing a complaint with a local or state fair-housing agency or consulting a tenant-rights organization, to explore whether the exception was applied appropriately. Because the exception requires a direct, individualized threat rather than a generalized assumption, those who believe it was misapplied may have grounds to raise that issue through available complaint or administrative processes.
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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