Cal. Civ. Code § 22-9.5-3-3
Rental or occupancy of lodging by private club not open to the public
Operative Text
Sec. 3. This article does not prohibit a private club not open to the public that, as an incident to the club's primary purpose, provides lodging that the club owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to the members or from giving preference to the members, unless membership in the club is restricted because of race, color, or national origin.
Indiana Code § 22-9.5-3-3 carves out a narrow exception to the state's fair housing rules for private clubs that are not open to the general public. Specifically, a private club may restrict or give preference to its own members when renting or occupying lodging that the club owns or operates, as long as that lodging is provided incidentally to the club's main purpose and not for commercial gain. This exception disappears entirely, however, if the club's own membership is restricted on the basis of race, color, or national origin.
Plain English — not legal advice.
Operators of private, non-public clubs that provide lodging as a secondary, non-commercial function of the club may, under § 22-9.5-3-3, lawfully limit occupancy or give preference to club members. Compliant operators ensure that the lodging activity is genuinely incidental to the club's primary purpose and is not run as a commercial enterprise. Critically, the club's membership criteria must not exclude or restrict individuals based on race, color, or national origin, or the exemption is forfeited entirely.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you believe a private club is improperly invoking the § 22-9.5-3-3 exemption to deny you lodging, it is worth examining whether the club's membership itself is restricted by race, color, or national origin, which would void the exemption. Individuals who feel they have experienced unlawful housing discrimination in Indiana can file a complaint with the U.S. Department of Housing and Urban Development or consult a tenant-rights organization familiar with state fair housing law. Understanding whether a club truly qualifies for this narrow exception—based on its non-public nature, non-commercial purpose, and non-discriminatory membership—is central to evaluating any potential claim.
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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