(a) Nothing in this chapter 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 or national origin.
(b) The provisions of Section 515.02(a), (b), (d), (e), (f) and (g) shall not apply to:
(1) Any single-family house sold or rented by an owner, provided:
A. That such private individual owner does not own more than three such single-family houses at any one time; and
B. That in the case of a 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 subsection shall apply only with respect to one such sale within any twenty-four month period; and
C. 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 such single-family houses at any one time; and
D. Such house is sold or rented 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 agency of employer in any such broker, agent, salesman, or person.
E. Such house is sold or rented without the publication, posting or mailing of any advertisement or written notice in violation of Section 515.02(c). Nothing in this subsection (b)(1) shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such 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 such living quarters a his residence.
(c) For the purposes of Section 515.02(b), a person shall be deemed to be in the business of selling or renting dwelling if:
(1) He has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or
(2) He has, within the preceding twelve months, participated as agent, other than in the sale of his 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 is the owner of any dwelling designated or intended for occupancy by, or occupied by, five or more families.
(Ord. 20-85. Passed 9-10-85.)