(1) Lawful discrimination in housing under 49-2-403 , MCA for the purpose of correcting a previous discriminatory practice must conform to legal standards justifying affirmative action.
(2) Lawful age or disability discrimination in housing under 49-2-403 , MCA based upon capacity to make or be bound by contracts or other obligations must be legally justified by current legal standards regarding capacity to make or be bound by contracts.
(3) Any person or entity asserting entitlement to an exemption under 49-2-403 , MCA has the burden of proving justification for discrimination.
History: 49-2-204, MCA; IMP, 49-2-305 and 49-2-403, MCA; NEW, 1991 MAR p. 2488, Eff. 12/13/91; AMD, 1998 MAR p. 3201, Eff. 12/4/98.