Omaha, Neb., Code of Ordinances ch. 13, art. IV (2026) § 13-329
Exemptions generally
Operative Text
The following are exemptions to this article: (a) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence, except that said rooms or units in dwellings shall be subject to section 13-321 (f). (b) Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion unless membership in such religion is restricted on account of race, color, or national origin; nor shall anything in this article prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (c) The term "familial status" does not apply to housing for older persons. As used in this section, "housing for older persons" means any of the following: (1) Housing provided under any state or federal program that has been determined by the federal government to be specifically designed and operated to assist elderly persons as that term is defined in the state or federal program. (2) Housing intended for, and solely occupied by, persons 62 years of age or older. (3) Housing intended and operated for occupancy by at least one person 55 years of age or older per unit. (d) In determining whether housing qualifies as housing for older persons under subsection (c), the director shall develop regulations that follow federal fair housing regulations, which require all the following: (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 and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons. (2) That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit. (3) The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. (e) Housing shall not fail to meet the requirements for housing for older persons by reason of either of the following: (1) Persons residing in such housing as of the date of the enactment of the Fair Housing Act who do not meet the age requirements as set forth herein, provided new occupants of such housing meet the age requirements set forth herein. (2) Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements set forth herein.
Section 13-329 of Omaha's Code of Ordinances carves out several categories of housing that are not subject to the city's fair housing article. These exemptions cover small owner-occupied dwellings of four or fewer units, religious organizations and private clubs renting for non-commercial purposes under specific conditions, and housing designated for older persons—including communities where at least 80 percent of units are occupied by someone 55 or older. Even exempt properties remain subject to section 13-321(f), and age-restricted communities must meet defined criteria established by the director following federal fair housing regulations.
Plain English — not legal advice.
Property owners and managers operating under one of the categories described in § 13-329 should carefully verify that their situation meets every element of the applicable exemption before relying on it. Owner-occupants of small multi-family buildings (four units or fewer) should note that the exemption does not eliminate all obligations—section 13-321(f) still applies. Operators of age-restricted communities generally maintain documentation of occupancy percentages, published policies demonstrating intent to serve older persons, and facilities or services aligned with the federal fair housing standards that the director's regulations follow.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13-329 identifies specific housing situations where Omaha's fair housing article does not fully apply, which can affect the protections available to residents or applicants in those settings. If you believe a landlord is incorrectly claiming an exemption—for example, asserting that a property qualifies as housing for older persons without meeting the 80-percent occupancy threshold or other criteria—that may be a basis for raising a concern with the appropriate local or federal authority. Tenant-rights organizations familiar with Omaha's ordinances can help explain whether a particular exemption under § 13-329 legitimately applies to a given housing situation.
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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