Cal. Civ. Code § 22-9.5-3-2
Sale, rental, or occupancy of property operated or controlled by or in conjunction with religious organization
Operative Text
Sec. 2. This article does not prohibit a religious organization, an association, or a society or a nonprofit institution or an organization operated, supervised, or controlled by or in conjunction with a religious organization, an association, or a society from: (1) limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or (2) giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color, or national origin.
Indiana Code § 22-9.5-3-2 carves out a specific exemption from the state's fair housing article for religious organizations and affiliated nonprofits. Under this provision, such entities are permitted to limit or give preference in the sale, rental, or occupancy of dwellings they own or operate for non-commercial purposes to members of their own religion. This exemption does not apply, however, if membership in that religion is itself restricted on the basis of race, color, or national origin.
Plain English — not legal advice.
Property owners or managers that are religious organizations or nonprofits operating under § 22-9.5-3-2 should be aware that this exemption is narrow and conditional. A compliant operator under this provision generally ensures that any religion-based preference or limitation applies only to dwellings held for non-commercial purposes, and that the religious organization's membership is not restricted by race, color, or national origin. Operators who fall outside these conditions would not qualify for the exemption and would remain subject to the full scope of Indiana's fair housing article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 22-9.5-3-2 defines the boundaries of a religious-organization exemption, which means tenants should understand that this exemption is not unlimited. If a religious organization or affiliated nonprofit is restricting housing access in a way that appears to go beyond non-commercial dwellings, or if the religion's membership criteria appear tied to race, color, or national origin, the exemption may not apply and fair housing protections could still be in effect. Tenants who believe a housing provider is improperly invoking this exemption may consider contacting a tenant-rights organization or the U.S. Department of Housing and Urban Development to explore available options.
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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