Subject to the provisions of division (B) below and § 152.07, the prohibitions against discrimination in the sale or rental of housing set forth in this section shall apply to:
(A) All dwellings except as exempted by division (B) below.
(B) Nothing in § 152.04 shall apply to:
(1) Any single-family house sold or rented by an owner; provided that:
(a) Such private individual owner does not own more than 3 such single-family houses at any 1 time;
(b) 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 1 such sale within any 24-month period;
(c) Such bona fide private individual owner does not own any interest in, nor is there owned or reserved 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 such family houses at any 1 time;
(d) The sale or rental of any 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 advertisement or written notice in violation of § 152.04(C) of this chapter, 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
(2) Rooms or units in dwellings contained 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 such living quarters as their residence.
(C) For the purpose of division (B) above, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) They have, within the preceding 12 months, participated as principal in 3 or more transactions involving the sale or rental of any dwelling or any interest therein; or
(2) They have, within the preceding 12 months, participated as agent, other than in the sale of their own personal residence, in providing sales or rental facilities or sales or rental services in 2 or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3) They are the owner of any dwelling designed or intended for occupancy by, or occupied by, 5 or more families.
(Ord. 2009-04, passed 12-21-2009)