§ 2-254. Exemptions.  


Latest version.
  • (a)

    Private club exemption. The prohibition of section 2-253 shall not apply to a private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages, or accommodations of the private club or establishment are made available to the customers or patrons of another establishment that is a place of public accommodation or is licensed by the state under Act No. 8 of the Public Act of 1933, being MCL 236.1 through 436.8, the Michigan Liquor Control Act, as amended.

    (b)

    Religious exemption. The prohibition of section 2-253 shall not apply to a religious education institution or an educational institution operated, supervised, or controlled by a religious institution or organization which limits admission or gives preference to an applicant of the same religion.

    (c)

    Private residence exemption. The prohibition of section 2-253 shall not apply to:

    (1)

    The rental of housing accommodations in a building which contains housing accommodation for not more than two families living independently of each other if the owner or a member of the owner's immediate family resides in one of the housing accommodations, or to the rental of a room or rooms in a single-family dwelling by a person if the lessor or a member of the lessor's immediate family resides in the dwelling.

    (2)

    The rental of housing accommodations for not more than 12 months by the owner or lessor where it was occupied by his/her and maintained as his/her home for at least three months immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal residence.

    (3)

    With respect to the age provision only, the sale, rental, or lease of housing accommodations meeting the requirements of federal, state or local housing programs for senior citizens, or accommodations otherwise intended, advertised, or designed or operated, bona fide, for the purpose of providing housing accommodations for persons 50 years of age or older.

    (d)

    Bona fide occupational qualification exemption. The prohibition of section 2-253 with respect to employment only, shall not apply where a protected classification set forth in section 2-253 is a bona fide occupational qualification reasonably necessary to the normal operation of a business or enterprise. A person shall have the burden of establishing that the qualification is reasonably necessary to the normal operation of that person's business or enterprise.

    (e)

    Private education institution exemption. The prohibition of section 2-253 relating to gender only shall not apply to an educational institution which now or hereafter provides an education to persons of one gender.

    (f)

    Governmental exemption. The prohibition of section 2-253 shall not apply to any action by a governmental agency where a person's qualification is expressly limited by statute, Charter, ordinance, or policy as otherwise provided by law.

(Ord. No. 428-14, pt. II, 2-24-2014)