(A) Nothing in this chapter shall apply to:
(1) Any single-family house sold or rented by an owner, provided that:
(a) The private individual owner does not own more than 3 single-family houses at any 1 time;
(b) If the owner does not reside in the house at the time of the sale or was not the most recent resident of the house prior to the sale, the exemption granted by this division shall apply only with respect to 1 sale within any 24-month period;
(c) The bona fide private individual owner does not own any interest in, nor is there owned or reserved on that person’s behalf, under any express voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental of more than 3 single-family houses at any 1 time;
(d) The sale or rental is made 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 those facilities or services of any person in the business of selling or renting of dwellings, or of any employee or agent of any such broker, agent, salesperson, or person; and
(e) The sale or rental is made without the publication, posting, or mailing of any advertisement or written notice in violation of this chapter; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other 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 4 families living independently of each other, if the owner actually maintains and occupies 1 of those living quarters as his or her residence.
(B) For the purposes of division (A), a person shall be deemed to be in the business of selling or renting dwellings if:
(1) He or she has, within the preceding 12 months, participated as principal in 3 or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) He or she has, within the preceding 12 months, participated as 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 2 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, 5 or more families.
(C) Nothing in this chapter shall prohibit a religious organization, association, or society, or a 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 those persons, unless membership in that religion is restricted on account of race, color, sex, national origin, physical or mental handicap, marital status, parenthood, or age.
(D) 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 those lodgings to its members, or from giving preference to its members.
(E) Nothing in this chapter shall bar any person from owning and operating a housing accommodation in which rooms are leased, subleased, or rented only to persons of the same sex, which housing accommodation contains common lavatory, kitchen, or similar facilities available for the use of all persons occupying the housing accommodation.
(F) Nothing in this chapter shall prohibit the sale, rental, lease, or occupancy of any dwelling designed and operated exclusively for senior adults and their spouses, unless the sale, rental, lease, or occupancy is further restricted on account of race, color, creed, religion, sex, national origin, physical or mental handicap, or marital status.
(G) Nothing in this chapter shall bar a person who owns, operates, or controls rental dwellings, whether located on the same property or on 1 or more contiguous parcels of property, from reserving any grouping of dwellings for the rental or lease to tenants with a minor child or children; provided however, in the event that the reserved area is completely leased or rented, the person owning, operating, or controlling the rental dwelling may not refuse to rent or lease any other available dwelling to the prospective tenant on the basis of the tenant’s status as parent or any other of the protected classifications set forth in this chapter.
(Ord. 330, passed 12-2-1996) Penalty, see § 90.99