Subject to the provisions of division (B) below and § 93.07, the prohibitions against discrimination in the sale or rental of housing set forth herein shall apply to:
(A) All dwellings, except as exempted by division (B) below;
(B) Nothing in § 93.04 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 three single-family houses at any one time;
(b) In the case of the sale of any single-family house by a private individual owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this division (B)(1) shall apply only with respect to one 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 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 single-family houses any one time; or
(d) 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:
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 the 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 person; or
2. Without the publication, posting or mailing, after notice of any advertisement or written notice in violation of § 93.04, 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 four families living independently of each other, if the owner actually maintains and occupies one of the living quarters as his or her residence.
(C) For the purposes of division (B) above, 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 three 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 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.
(2001 Code, § 90.03) (Ord. passed 8-14-1990) Penalty, see § 93.99