(ii) The provisions of subparagraphs one, two, and three of this
paragraph shall not apply (1) to the restriction of the rental of all
rooms in a housing accommodation to individuals of the same sex, (2) to
the rental of a room or rooms in a housing accommodation, if such rental
is by the occupant of the housing accommodation or by the owner of the
housing accommodation and the owner resides in such housing
accommodation, or (3) solely with respect to age and familial status to
the restriction of the sale, rental or lease of housing accommodations
exclusively to persons sixty-two years of age or older and the spouse of
any such person, or for housing intended and operated for occupancy by
at least one person fifty-five years of age or older per unit. In
determining whether housing is intended and operated for occupancy by
persons fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C.
3607 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,
shall apply.
(b) It shall be an unlawful discriminatory practice for the owner,
lessee, sub-lessee, or managing agent of, or other person having the
right of ownership or possession of or the right to sell, rent or lease,
land or commercial space:
(1) To refuse to sell, rent, lease or otherwise deny to or withhold
from any person or group of persons land or commercial space because of
the race, creed, color, national origin, citizenship or immigration
status, sexual orientation, gender identity or expression, military
status, sex, age, disability, marital status, status as a victim of
domestic violence, or familial status of such person or persons, or to
represent that any housing accommodation or land is not available for
inspection, sale, rental or lease when in fact it is so available;