Neb. Rev. Stat. § 20-301 et seq. § 20-322

Religious organization, private home, private club, or housing for older persons; restricting use not prohibited; local restrictions; how treated; controlled substances; illegal activities; effect.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/5/2026NebraskaFair Housing & Anti-Discrimination

Operative Text

Neb. Rev. Stat. § 20-301 et seq. § 20-322
(1) Nothing in the Nebraska Fair Housing Act 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 a dwelling which it owns or operates for other than commercial purposes to persons of the same religion or from giving preferences to such persons unless membership in such religion is restricted on account of race, color, national origin, disability, familial status, sex, or military or veteran status.
(2) Nothing in the act shall 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 commercial purposes, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.
(3) Nothing in the act shall prohibit or limit the right of any person or his or her authorized representative to refuse to rent a room or rooms in his or her own home for any reason or for no reason or to change tenants in his or her own home as often as desired, except that this exception shall not apply to any person who makes available for rental or occupancy more than four sleeping rooms to a person or family within his or her own home.
(4)(a) Nothing in the act shall limit the applicability of any reasonable local restrictions regarding the maximum number of occupants permitted to occupy a dwelling, and nothing in the act regarding familial status shall apply with respect to housing for older persons.
(b) For purposes of this subsection, housing for older persons shall mean housing:
(i) Provided under any state program that the commission determines is specifically designed and operated to assist elderly persons as defined in the program;
(ii) Intended for and solely occupied by persons sixty-two years of age or older; or
(iii) Intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subdivision, the commission shall develop regulations which require at least the following factors:
(A) 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;
(B) That at least eighty percent of the units are occupied by at least one person fifty-five years of age or older per unit; and
(C) 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 years of age or older.
(c) Housing shall not fail to meet the requirements for housing for older persons by reason of:
(i) Persons residing in the housing as of September 6, 1991, who do not meet the age requirements of subdivision (b)(ii) or (iii) of this subsection if succeeding occupants of the housing meet the age requirements; or
(ii) Unoccupied units if the units are reserved for occupancy by persons who meet the age requirements.
(5) Nothing in the act shall prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 28-401 .
(6) Nothing in the act shall prohibit otherwise nondiscriminatory conduct intended to benefit veterans or servicemembers or their family members, such as providing housing limited to veterans or servicemembers or their family members, providing favorable conditions of loans, leases, mortgages, or contracts, or otherwise offering benefits that are limited to veterans or servicemembers or their family members.
Source: Legislative text reproduced verbatim
Plain English

Nebraska Revised Statute § 20-322 carves out several categories of housing that are exempt from certain requirements of the Nebraska Fair Housing Act. Religious organizations, private clubs, and individual homeowners renting rooms in their own homes (with limits) may restrict occupancy in ways that would otherwise be prohibited, provided those restrictions do not themselves rest on race, color, national origin, disability, familial status, sex, or military or veteran status. The provision also exempts age-restricted housing for older persons meeting specific criteria, allows conduct based on drug-manufacture or distribution convictions, and permits programs that affirmatively benefit veterans and servicemembers.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under Neb. Rev. Stat. § 20-322, operators of religious-organization housing, private-club lodgings, and qualifying senior communities generally document how their properties meet the specific exemption criteria—such as the 80-percent occupancy threshold for 55-and-older communities or the nonprofit, non-commercial character of religious housing. Homeowners who rent rooms within their own residence and offer no more than four sleeping rooms to outside occupants may decline or change tenants without stating a reason, though that latitude disappears once the threshold is exceeded. Compliant operators typically keep clear records of age-verification policies, religious affiliation requirements, or club-membership criteria to demonstrate that any restriction falls within one of the enumerated exemptions rather than constituting unlawful discrimination.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Neb. Rev. Stat. § 20-322 defines the boundaries of when a housing provider may lawfully restrict occupancy in ways that would otherwise raise fair-housing concerns, so understanding these exemptions helps tenants recognize whether a denial or restriction is legally permitted or potentially actionable. If a tenant believes a claimed exemption—such as a senior-housing designation or a religious-organization restriction—is being applied improperly or is being used as a pretext for discrimination on a protected basis, they may consider filing a complaint with the Nebraska Equal Opportunity Commission, which administers the Nebraska Fair Housing Act. Tenant-rights organizations and legal aid offices can help individuals evaluate whether a specific housing situation falls within or outside the exemptions described in § 20-322.

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.

Effective Timeline

Current
Oct 5, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Neb. Rev. Stat. § 28-401
Not yet ingested

References In

Rules and statutes that cite this regulation

Neb. Rev. Stat. § 20-301
Neb. Rev. Stat. § 20-301

Related Rules

§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

Source Information

Snapshot SHA:
Fetched:Oct 26, 2026, 07:18 AM UTC