(A) Subject to the provisions of division (B) of this section and § 95.07, the prohibitions against discrimination in the sale or rental of housing set forth in this section shall apply to all dwellings except as exempted by division (B) below.
(B) Nothing in § 95.04 shall apply to:
(1) Any single-family house sold or rented by an owner, provided:
(a) Such private individual owner does not own more than three single-family houses at any one time;
(b) That in the case of the sale of any single-family house by a private individual owner not residing in that house at the time of the sale or who was not the most recent resident of that house prior to the sale, the exemption granted by this division shall apply only with respect to one sale within any 24-month period;
(c) 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 single-family houses at any one time; and
(d) That the sale or rental of any single-family house shall be excepted from the application of this chapter only if the house is sold or rented 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 facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any broker, agent, salesperson or other person; and without the publication, posting, or mailing, after notice of any advertisement or written notice in violation of § 95.04(C), but this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, or other professional assistance as is necessary to perfect or transfer the title; or
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by not more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(C) For the purposes of division (B), a person shall be deemed to be in the business of selling or renting dwellings if:
(1) He 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;
(2) He has, within the preceding 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 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 or more families.
(Ord. 418-1987, passed 7-6-87)