(A) Subject to the provisions of divisions (B)(1) and (C) below, the prohibitions against discrimination in the sale or rental of housing set forth in § 93.04 of this chapter shall apply to all dwellings, except as exempted by division (B)(1) below.
(B) (1) Nothing in § 93.04 of this chapter shall apply to:
(a) Any single-family house sold or rented by an owner; provided that, such private individual owner does not own more than three such 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 such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this division (B)(1) shall apply only with respect to one such sale within any 24-month period; provided further that, such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his or her 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 such single-family houses at any one time; provided further that, the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented:
1. 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 salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson or person; and
2. Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 93.04(C) of this chapter, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.
(b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.
(2) For the purposes of this division (B), a person shall be deemed to be in the business of selling or renting dwellings if:
(a) He or she has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(b) He or she has, within the preceding 12 months, participated as an agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities, or sales or rental services, in two or more transactions involving the sale or rental of any dwelling or of any interest therein; or
(c) He or she is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(C) (1) Nothing in this chapter shall prohibit a religious organization, association or society, or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting 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 from giving preference to such persons, unless membership in such religion is restricted on account of race, color, religion, gender, national origin, age, familial status or handicap.
(2) Nor shall anything in this chapter prohibit a private club not in fact open to the public, which, as incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(Prior Code, § 5-7-3) (Ord. 1-1995, passed 1-3-1995)