Iowa Code ch. 216 § 216.12
Exceptions
Operative Text
1. The provisions of sections 216.8 and 216.8A shall not apply to: a. Any bona fide religious institution with respect to any qualifications it may impose based on religion or sexual orientation when the qualifications are related to a bona fide religious purpose, unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on account of race, color, or national origin. b. The rental or leasing of a dwelling in a building which contains housing accommodations for not more than two families living independently of each other, if the owner resides in one of the housing accommodations. c. The rental or leasing of less than four rooms within a single dwelling by the occupant or owner of the dwelling, if the occupant or owner resides in the dwelling. d. Discrimination on the basis of familial status involving dwellings provided under any state or federal program specifically designed and operated to assist elderly persons, as defined in the state or federal program that the agency determines to be consistent with determinations made by the United States secretary of housing and urban development, and housing for older persons. As used in this paragraph, “housing for older persons” means housing communities consisting of dwellings intended for either of the following: 1. For eighty percent occupancy by at least one person fifty-five years of age or older per unit, and providing significant facilities and services specifically designed to meet the physical or social needs of the persons and the housing facility must publish and adhere to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older. 2. For and occupied solely by persons sixty-two years of age or older. e. The rental or leasing of a housing accommodation in a building which contains housing accommodations for not more than four families living independently of each other, if the owner resides in one of the housing accommodations for which the owner qualifies for the homestead tax credit under section 425.1. f. Discrimination on the basis of sex involving the rental, leasing, or subleasing of a dwelling within which residents of both sexes would be forced to share a living area. 2. The exceptions to the requirements of sections 216.8 and 216.8A provided for dwellings specified in subsection 1, paragraphs “b”, “c”, and “e”, do not apply to advertising related to those dwellings.
Iowa Code § 216.12 carves out specific situations where the state's fair housing and anti-discrimination rules under §§ 216.8 and 216.8A do not apply. These exemptions cover scenarios such as owner-occupied small multi-family buildings, religious institutions acting for bona fide religious purposes, certain elderly housing communities, and shared living arrangements where residents of both sexes would share living space. Notably, even when a rental property qualifies for one of the owner-occupancy exemptions, those exemptions do not extend to advertising — meaning discriminatory advertising for such properties remains prohibited regardless.
Plain English — not legal advice.
Property owners who believe their rental situation may fall under one of the § 216.12 exemptions — such as owning and residing in a building with two to four units, or renting fewer than four rooms within their own home — should understand that these exemptions are narrowly defined and come with important limits. Compliant operators are careful to note that even if a property qualifies for an owner-occupancy exemption under subsection 1(b), (c), or (e), any advertising for that property must still comply with the anti-discrimination requirements of §§ 216.8 and 216.8A. Operators of elderly housing communities seeking the familial-status exemption under § 216.12(1)(d) generally maintain documented policies and procedures demonstrating their intent to serve the qualifying age group.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Iowa Code § 216.12 defines the limited circumstances under which landlords may be exempt from the state's fair housing protections, and understanding these boundaries can help tenants assess whether an exemption is being claimed appropriately. For example, even if a landlord qualifies for an owner-occupancy exemption, that exemption does not cover discriminatory advertising, which remains a potential fair housing violation. Tenants who believe a § 216.12 exemption is being applied incorrectly or that their fair housing rights have been violated may consider filing a complaint with the Iowa Civil Rights Commission or consulting a tenant-rights organization for general guidance.
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 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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