(A) It shall be unlawful for any person to harass, threaten, harm, damage or otherwise penalize any individual, group or business because such individual, group or business has complied with the provisions of this chapter or has exercised in good faith rights under this chapter, or has enjoyed the benefits of this chapter, or because such individual, group or business has made a charge in good faith, testified in good faith or assisted in good faith in any manner in any investigation, or in any proceeding hereunder or has made any report to the Director.
(B) Exemptions and exclusions:
(1) Nothing in this chapter shall apply to:
(a) Any single-family house sold or rented by an owner, provided that:
1. Such private individual owner does not own more than three single-family houses at any one time;
2. If the owner does not reside in the house at the time of sale or was not the most recent resident of such house prior to the sale, the exemption granted by this division (B)(1)(a)2. shall apply only with respect to one such sale within any 24-month period;
3. Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on such person’s behalf, under any express or voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental of more than three such single-family houses at any one time;
4. The sale or rental is made without the use in any manner of the sales or rental faculties 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 person; and
5. 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 attorney’s, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.
(b) 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 such living quarters as his or her residence.
(2) For the purposes of division (B)(1) above, a person shall be deemed to be in the business of selling or renting dwellings if:
(a) 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;
(b) 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
(c) He or she is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(3) 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 such persons, unless membership in such religion is restricted on account of race, color, sex, national origin, physical or mental handicap, marital status, parenthood or age.
(4) 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 lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members, or from giving preference to its members.
(5) 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, when such housing accommodation contains common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation.
(6) 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 and marital status.
(7) Nothing in this chapter shall bar a person who owns, operates or controls rental dwellings whether located on the same property, or on one 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 said reserved area is completely leased or rented, the person owning, operating or controlling said 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. 94-805, passed 10-3-1994) Penalty, see § 91.99