Exemptions from housing provisions.
Memphis Code of Ordinances § 10-36-4
in effectSec. 10-36-4. - Exemptions from housing provisions.
A. Nothing in this chapter shall apply to housing transactions meeting the requisites of T.C.A. § 4-21-602.
B. Nothing in this chapter shall require a real estate broker or salesperson or operator to negotiate with any person who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.
C. Nothing in this chapter shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.
D. Nothing in this chapter shall limit the applicability of any reasonable local, state or federal statute, ordinance, or restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor shall any provision of this chapter regarding familial status apply with respect to dwellings provided under any state or federal program specifically designed and operated to assist elderly persons, or to housing for older persons.
1. As used in this subsection, "housing for older persons" means housing communities consisting of dwellings:
a. i.
Intended for, at least 90 percent occupied by, at least one person 55 years of age or older per unit;
ii. Providing significant facilities and services specifically designed to meet the physical or social needs of such persons; and
iii. Publishing and adhering to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years or older; or
b. Intended for and occupied solely by person 62 years or older.
2. Nothing in this chapter 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 102 of the Controlled Substances Act (21 USC 802), or as defined in the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4.
E. Nothing in this chapter shall apply to the rental of housing accommodations in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or a member of the owner's family resides in one of the housing accommodations.
F. Nothing in this chapter shall apply to the rental of one room or one rooming unit in a housing accommodation by an individual, if such individual or a member of such individual's family resides therein, or, with regard to discrimination based on sex, rooms or rental units where tenants would be required to share a common bath.
G. Nothing in this chapter shall apply to 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, which limits the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or which gives preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin.
H. Nothing in this chapter shall apply, with regard to discrimination based on sex to the rental of housing accommodations of single-sex dormitory rental properties, including but not limited to, those dormitories operated by higher educational institutions.
(Code 1985, § 48-254; Ord. No. 4932, § 1, 3-5-2002)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT10PUPEMOWE_CH10-36FAHO_S10-36-4EXHOPRFetched: 10/28/2026