OAR 839-005-0210
Housing Discrimination: Exceptions

(1)

OAR 839-005-0205 (Housing Discrimination: Prohibited Discrimination in Real Property Transactions) does not apply with respect to sex distinction, discrimination or restriction if the real property involved is such that the application of OAR 839-005-0205 (Housing Discrimination: Prohibited Discrimination in Real Property Transactions) would necessarily result in common use of bath or bedroom facilities by unrelated persons of opposite sex.

(2)

The provisions of OAR 839-005-0205 (Housing Discrimination: Prohibited Discrimination in Real Property Transactions)(1)(a) to (d) and (f) that prohibit actions based upon sex, sexual orientation or familial status do not apply to the renting of space within a single-family residence if the owner actually maintains and occupies the residence as the owner’s primary residence and all occupants share some common space within the residence.

(3)

Intentionally left blank —Ed.

(a)

OAR 839-005-0205 (Housing Discrimination: Prohibited Discrimination in Real Property Transactions) does not apply to familial status distinction, discrimination or restriction with respect to housing for older persons.

(b)

As used in this subsection, “housing for older persons” means housing:

(A)

Provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined by the state or federal program;

(B)

Intended for, and solely occupied by, persons 62 years of age or older; or

(C)

Intended and operated for occupancy by at least one person 55 years of age or older per unit. Housing qualifies as housing for older persons under this subparagraph if:
(i)
At least 80 percent of the dwellings are occupied by at least one person 55 years of age or older per unit; and
(ii)
Policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older are published and adhered to.

(c)

Housing does not fail to meet the requirements for housing for older persons if:

(A)

Persons residing in the housing as of September 13, 1988, do not meet the requirements of paragraph (b)(B) or (C) of this subsection. However, new occupants of such housing will meet the age requirements of paragraph (b)(B) or (C) of this subsection; or

(B)

The housing includes unoccupied units that are reserved for occupancy by persons who meet the age requirements of paragraph (b)(B) or (C) of this subsection.

(d)

Nothing in this section limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

Source: Rule 839-005-0210 — Housing Discrimination: Exceptions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-005-0210.

839‑005‑0000
Purpose and Scope of these Rules 839‑005‑0003
Definitions: Enforcement of Laws Prohibiting Unlawful Practices 839‑005‑0005
Unlawful Discrimination Defined 839‑005‑0010
Discrimination Theories: Employment 839‑005‑0011
Constructive Discharge from Employment 839‑005‑0013
Bona Fide Occupational Qualification (BFOQ) and Affirmative Action Plan Exceptions in Employment 839‑005‑0014
Successors in Interest for Employment Discrimination 839‑005‑0021
Employment Discrimination Based on Sex or Sexual Orientation 839‑005‑0026
Employment Protections and Rights Relating to Pregnancy 839‑005‑0030
Sexual Harassment in Employment 839‑005‑0031
Exceptions to Discrimination in Employment and Housing Based on Sexual Orientation or Religion 839‑005‑0036
Commissioner’s Complaint for Discrimination Based on Employment Status 839‑005‑0060
Employer Obtainment or Use of Credit History Information: Purpose and Scope of these Rules 839‑005‑0065
Employer Obtainment or Use of Credit History Information: Definitions 839‑005‑0070
Employer Obtainment or Use of Credit History Information: Unlawful Discrimination 839‑005‑0075
Employer Obtainment or Use of Credit History Information: Exceptions 839‑005‑0080
Employer Obtainment or Use of Credit History Information: Determining whether Credit History Is Substantially Job-Related 839‑005‑0085
Employer Obtainment or Use of Credit History Information: Enforcement and Retaliation 839‑005‑0125
Discrimination Based on Protected Activity: Retaliation for Opposing Unlawful Practices 839‑005‑0130
Discrimination Based on Protected Activity: Employees Serving or Scheduled to Serve as Jurors 839‑005‑0135
Discrimination Based on Protected Activity: Insurance Coverage for Employees Serving as Jurors 839‑005‑0138
Discrimination Based on Protected Activity: Child Support Obligations 839‑005‑0140
Accommodation of Employee Religious Practices 839‑005‑0160
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Unlawful Employment Practices 839‑005‑0170
Protections for Victims of Domestic Violence, Harassment, Sexual Assault or Stalking: Reasonable Safety Accommodation 839‑005‑0195
Housing Discrimination: Purpose and Scope 839‑005‑0200
Housing Discrimination: Definitions 839‑005‑0205
Housing Discrimination: Prohibited Discrimination in Real Property Transactions 839‑005‑0206
Discrimination Theories: Housing 839‑005‑0210
Housing Discrimination: Exceptions 839‑005‑0215
Housing Discrimination: Religious Exemption 839‑005‑0220
Housing Discrimination: Discrimination in Real Property Transactions Against Individuals Based on Disabilities 839‑005‑0300
Discrimination by Career Schools: Purpose and Scope 839‑005‑0305
Discrimination by Career Schools: Definitions 839‑005‑0310
Discrimination by Career Schools: Unlawful Discrimination 839‑005‑0315
Discrimination Theories: Career Schools 839‑005‑0320
Discrimination by Career Schools: Authority of Superintendent of Public Instruction Related to Complaints under ORS 345.240 839‑005‑0325
Discrimination by Career Schools: Retaliation or Discrimination 839‑005‑0400
Employer Access to Employee or Applicant Social Media Accounts: Unlawful Employment Practice
Last Updated

Jun. 8, 2021

Rule 839-005-0210’s source at or​.us