Bartlett Title 14 Ch. 1 Fair Housing Ordinance § 14-1-6
EXEMPTIONS
Operative Text
This chapter shall not: A. Bar any religious or denominational institution or organization, or any charitable or educational organization operated, supervised or controlled by or in connection with a religious organization, from limiting the sale, rental or occupancy of dwellings, which it owns or operates for other than commercial purposes or giving preference with respect thereto, to persons of the same religion or denomination, unless membership in such religion is restricted on account of race, color or national origin. B. Except for section 14-1-5 of this chapter, apply to the leasing of rooms to roomers in a dwelling unit occupied by the owner as a family household having not more than two (2) roomers, living independently, exclusive of salaried household employees living on premises. C. Prohibit (due to the familial status provision of this chapter) the operation of housing for older persons. If the following provisions are satisfied: 1. As used in this section "housing for older persons" means housing: a. Provided under any state or federal program that the U.S. Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or b. Intended for, and solely occupied by, persons sixty two (62) years of age or older; or c. Intended and operated for occupancy by at least one person fifty five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this section, the administrator shall require at least the following factors to be met: (1) 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 is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and (2) That at least eighty percent (80%) of the units are occupied by at least one person fifty five (55) years of age or older per unit; and (3) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty five (55) years of age or older. 2. Housing shall not fail to meet the requirements for housing for older persons by reason of unoccupied units; provided, that such units are reserved for occupancy for persons who meet the age requirements of subsections C.1.b. or c. herein. D. Bar any educational organization from limiting to persons of the same sex the rental of living accommodations. (Ord. 2020-73, 8-18-2020)
Bartlett Title 14 Ch. 1 Fair Housing Ordinance § 14-1-6 carves out several categories of housing from the chapter's general fair housing requirements. Religious and religiously affiliated charitable or educational organizations may give preference to members of their faith when renting or selling dwellings they own for non-commercial purposes, as long as membership in that religion is not itself restricted by race, color, or national origin. Owner-occupied dwellings with no more than two independent roomers are largely exempt from the chapter, though Section 14-1-5 still applies to them. Communities that qualify as 'housing for older persons'—whether federally or state-designated, exclusively for those 62 and older, or meeting the 55-and-older occupancy and services criteria—are not prohibited from operating under age-based restrictions despite the chapter's familial status protections.
Plain English — not legal advice.
Operators of religious, educational, or senior housing communities should review § 14-1-6 carefully to determine whether their property qualifies for one of its enumerated exemptions. A senior housing community seeking to rely on the 55-and-older exemption generally maintains documentation showing that at least 80% of units are occupied by at least one qualifying resident, that meaningful facilities or services for older persons exist or that the housing fills an important need, and that written policies clearly express the intent to serve that population. Owner-occupants renting rooms to no more than two independent roomers should note that while most of the chapter's requirements do not apply to them under § 14-1-6(B), Section 14-1-5 of the ordinance continues to govern their conduct.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and prospective residents should be aware that § 14-1-6 identifies specific housing situations where the Bartlett Fair Housing Ordinance's protections do not fully apply, which can affect the remedies available to them. If a person believes a housing provider is improperly claiming an exemption—for example, asserting senior-housing status without meeting the occupancy percentages or documentation requirements—that concern may be raised with the appropriate local enforcement authority or a tenant-rights organization familiar with Bartlett's ordinances. Understanding which exemptions apply, and whether the conditions for those exemptions are actually satisfied, is an important first step when evaluating whether a fair housing complaint under this chapter is viable.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation