1. Any single-family house sold or rented by an owner; provided, that:
a. The private individual owner does not own more than three (3) such single-family houses at any one time.
b. In the sale of any single-family house, the private individual owner does not reside in, nor is the most recent resident of such house prior to such sale; the exemption granted by this subsection shall apply to only one such sale within a twenty four (24) month period.
c. The bona fide private individual owner does not own any interest in, nor is there owned or reserved on the owner's behalf, under express of 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) such single-family houses at one time.
d. There is no utilization in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, 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.
e. There is no publication, posting, or mailing, after notice, of any advertisement or written notice in violation of subsection 8-5-2C of this chapter. Nothing in this subsection prohibits the utilization of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title.
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 of such living quarters as his residence.
B. Selling Or Renting Dwellings: For the purposes of subsection A of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
1. The person has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein.
2. The person has, within the preceding twelve (12) months, participated as agent, other than in the sale of the person's 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.
3. The person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.
C. Religious Or Nonprofit Organizations: Nothing in this chapter shall prohibit 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, 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, sex, familial status, national origin, creed, age, disability, sexual orientation, or gender identity. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other occupancy of such lodging to its members or from giving preference to its members.
D. Applicability Of Housing Regulations; Housing For Older Persons:
1. Nothing in this chapter limits the applicability of title 14, chapter 1 of this code regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this chapter regarding familial status or age apply with respect to housing for older persons.
2. As used in this section, "housing for older persons" means housing:
a. Provided under any state or federal program that the secretary determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program.
b. Intended for, and solely occupied by, persons sixty two (62) years of age or older.
c. Intended and operated for occupancy by at least one person fifty five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the commission shall develop regulations which require at least the following factors:
(1) That at least eighty percent (80%) of the units are occupied by at least one person fifty five (55) years of age or older per unit.
(2) The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty five (55) years of age or older.
3. Housing shall not fail to meet the requirements for housing for older persons by reason of:
a. Persons residing in such housing as of the date of enactment of this chapter who do not meet the age requirements of subsection D2b or D2c of this section; provided, that new occupants of such housing meet the age requirements of subsection D2b or D2c of this section.
b. Unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subsection D2b or D2c of this section.
4. Nothing in this chapter prohibits 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 the controlled substances act (21 USC 802) or a violation of the controlled substances chapter of the Iowa Code 1 . (Ord. 31-16, 6-20-2016, eff. 7-1-2016)
Notes
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