Subject to the provisions of subsection (B) and § 70.406, the prohibitions against discrimination in the sale or rental of housing set forth in this section shall apply to:
(A) All dwellings except as exempted in subsection (B).
(B) Nothing in § 70.403 shall apply to:
(1) Any single-family house sold or rented by an owner; provided, that the private individual owner does not own more than three (3) the single-family houses at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this subsection shall apply only with respect to one sale within any twenty-four (24) month period; provided further, that the bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) single-family houses at any one time; provided further, that the sale or rental of any single-family house shall be excepted from the application of this title only if the house is sold or rented:
(a) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of the facilities or services of any person in the business of selling or renting dwellings, or of any employees or agent of any broker, agent, salesman, or person and,
(b) Without the publication, posting or mailing, after notice of any advertisement or written notice in violation of § 70.403(C) of this article, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) such living quarters as his residence.
(C) For the purposes of subsection (B), a person shall be deemed to be in the business of selling or renting dwellings if:
(1) He has, within the preceding twelve (12) months, participated as the principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or
(2) He has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.
(Ord. No. 21.88, § 3, 6-28-88)