(a) Nothing in Section 725.03 shall apply to:
(1) 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. Further, in the case of the sale of any 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 subsection shall apply only with respect to one such sale within any twenty-four month period. Further, such bona fide private individual owner must not own any interest in, nor shall there be 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. Further, after December 31, 1969, 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:
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 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 other person; and
B. Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of Section 725.03.
Nothing in this subsection shall prohibit the use 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 families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.
(b) For the purposes of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) He or she has, within the preceding twelve months, participated as a principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) He or she has, within the preceding twelve 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 any interest therein; or
(3) He or she is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(c) 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 or national origin. Further, nothing in this chapter shall prohibit a private club not in fact open to the public, which, as an 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.
(d) Nothing in this chapter limits the applicability of any reasonable local, State or Federal restriction regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision in this chapter regarding familial status apply with respect to housing for older persons.
(1) As used in this section, "housing for older persons" means housing:
A. Provided under any State or Federal program that the Secretary of Housing and Urban Development 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 years of age or older; or
C. Intended and operated for occupancy by at least one person fifty-five years of age or older per unit, and at least the following factors apply:
1. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;
2. At least eighty percent of the units are occupied by at least one person fifty-five years of age or older per unit; and
3. 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 years of age or older.
(2) Housing shall not fail to meet the requirements for housing for older persons by reason of:
A. Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of paragraph (d)(1)B. or C. hereof, provided that new occupants of such housing meet the age requirements of paragraph (d)(1)B. or C. hereof; or
B. Unoccupied units are reserved for occupancy by persons who meet the age requirements of paragraph (d)(1)B. or C. hereof.
(e) 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 21 U.S.C. 802.
(Ord. 96-98. Passed 5-6-96.)