Omaha, Neb., Code of Ordinances ch. 13, art. IV (2026) § 13-330
Real estate transaction exemptions
Operative Text
Nothing in this article prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, creed, age, marital status, religion, national origin, sex, sexual orientation, gender identity, handicap, or familial status, or a financial institution to take into consideration a person's ability and willingness to repay any such financial assistance; or limits to applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
Section 13-330 of Omaha's Code of Ordinances, Chapter 13, Article IV, carves out specific exemptions from the article's general fair-housing rules. Real estate appraisers may weigh legitimate property-related factors in their valuations, as long as those factors are not the protected characteristics listed in the article. Similarly, financial institutions may assess a borrower's ability and willingness to repay when making lending decisions, and nothing in the article overrides reasonable occupancy-limit rules set by local, state, or federal authorities.
Plain English — not legal advice.
Under § 13-330, property owners and managers should understand that the fair-housing protections in Article IV do not prevent lenders or appraisers working on their transactions from applying standard, non-discriminatory professional criteria. Compliant operators generally ensure that any occupancy limits they enforce are grounded in reasonable local, state, or federal standards rather than in the protected characteristics enumerated elsewhere in Article IV. Keeping documentation that occupancy policies are tied to legitimate regulatory standards—rather than to tenant characteristics—reflects the kind of practice consistent with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13-330 clarifies that certain real estate and lending practices are not automatically barred by Article IV's anti-discrimination rules, but the exemptions are narrow and do not permit discrimination based on protected characteristics such as race, sex, familial status, or the other categories listed in the article. If a tenant believes an appraisal, lending decision, or occupancy-limit policy is being used as a pretext for discrimination rather than as a legitimate professional or regulatory standard, that concern may be raised with a local fair-housing agency or tenant-rights organization familiar with Omaha's ordinances. Tenants can also explore whether a violation of Article IV's broader protections could serve as a defense or basis for a complaint, independent of the exemptions described in § 13-330.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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