This chapter shall not apply to:
(A) A religious organization, association, or society or any nonprofit institution or organization operating, supervised, or controlled by or in conjunction with a religious organization, association, or society which limits 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 which gives preference to such persons, unless membership in the religion is restricted on account of race, color, sex, national origin, disability, familial status, or HIV-positive status;
(B) 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, and which limits the rental or occupancy of the lodgings to its members or gives preference to its members;
(C) Nothing in this chapter regarding familial status shall apply with respect to housing for older persons. As used in this section, HOUSING FOR OLDER PERSONS means housing:
(1) Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state Civil Rights Commission determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program);
(2) Intended for, and solely occupied by persons 62 years of age or older; or
(3) Intended and operated for occupancy by at least 1 person 55 years of age or older per unit.
(D) Any single family house sold or rented by an owner, provided:
(1) That the private individual owner does not own more than 3 single family houses at any one time;
(2) Further, 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 section shall apply only with respect to 1 like sale within any 24-month period;
(3) That the bona fide private individual owner does not own any interest in, nor is there owned or served 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 3 single family houses at any 1 time;
(4) 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:
(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 the facilities or services of any person in the businesses of selling or renting dwellings, or of any employee or agent of any like broker, agent, salesperson, or person; and
(b) Without the publication, posting or mailing, after notice, of any advertisement or written notice 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; or
(E) 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 the living quarters as his or her residence.
(1992 Code, § 6-77)