§ 94.04  EXCEPTIONS.
   (A)   Religious or nonprofit organizations.  Nothing in this subchapter shall prohibit a religious organization, association or society, or any 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, handicap or familial status.
   (B)   Private clubs. Nothing in this subchapter 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 such lodgings to its members or from giving preference to its members.
   (C)   Owners of single-family houses.
      (1)   Nothing in this subchapter other than § 94.03(C) and (E) shall apply to any single-family house sold or rented by an owner:
         (a)   Provided that such private individual owner does not own more than three (3) such single-family houses at any one (1) time;
         (b)   Provided 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 house prior to such sale, the exemption granted by this division shall apply only with respect to one (1) such sale within any twenty-four (24) month period;
         (c)   Provided that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his 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 (3) such single-family houses at any one (1) time;
         (d)   Provided that the sale or rental of any such single-family house shall be excepted from the application of this subchapter 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 salesman, 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, sales representative or person; and
            2.   Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of the provisions of 42 USC 3604(c) or of § 94.03.
      (2)   But nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.
   (D)   Duplexes, triplexes and quadplexes. Nothing in this subchapter shall apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other.
('74 Code, § 8½-24)  (Ord. 78-7, passed 5-4-78; Am. Ord. 90-15, passed 4-5-90)