§ 91.04 EXEMPTIONS.
   This chapter shall not apply to:
   (A)   Religious organizations. A religious organization, association or society or any non-profit institution or organization operating, supervised or controlled by, or in conjunction with a religious organization or society which limits the sale, rental or occupancy of dwellings which it owns or operates for other than commercial purposes to persons of the same religion, or which gives preference to such persons, unless membership in such a religion is restricted on account of race, color, religion, sex or national origin;
   (B)   Private club. A private club not in fact open to the public which, as an incident to its primary purpose of purposes, provides lodgings which it owns or operates for other than a commercial purpose, and which limits the rental or occupancy of such lodgings to its members or gives preference to its members;
   (C)   Single-family dwelling. 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 on time; and, provided further that, in the case of the sale of any such 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 prior to such sale, the exemption granted by this division (C) shall apply only with respect to one such sale within any 24-month period; provided further that, such bona fide private individual owner does not own any interest in, nor is there owned or served on the owner’s 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; provided further, the sale of rental of any such single- family house shall be excepted from the application of this chapter only if such 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 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
      (2)   Without the publication, posting or mailing, after notice of any advertising or written notice in violation of the provisions of 42 U.S.C. § 3604(c) or of this chapter; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as necessary to perfect or transfer the title.
   (D)   Owner occupied. 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 the owner’s residence.
(2011 Code, § 42.0104)