(A) There shall be exempted from the application of § 96.02 all transactions involving:
(1) The rental of 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 the units as his or her residence;
(2) The rental of a single room in a dwelling containing living quarters occupied or intended to be occupied by no more than one family if the person offering the room for rental actually maintains and occupies the remainder of the dwelling as his or her residence and not more than four such rooms are offered; and/or
(3) The sale or rental of any single house by a private individual who owns the house, provided that:
(a) The sale or rental is made 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 or any person in the business of selling or renting dwellings or of any employee or agent of any such broker, agent, salesperson, or person;
(b) The sale is made without the publication, posting, or mailing of any advertisement or written notice in violation of § 96.02(C) (this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other professional assistance as necessary to perfect or transfer the title);
(c) The owner does not own more than three single-family houses at the time of the sale;
(d) The 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 any portion or the proceeds from the sale or rental of more than three single-family houses at any one time; and/or
(e) If the owner does not reside in the house at the time of sale or was not the most recent resident of the house prior to the sale, the exemption granted by this division (A)(3) shall apply only with respect to one sale within any 24-month period.
(B) Nothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit organization operated, supervised, or controlled by or in conjunction with a religious association or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operated for other than a commercial purpose to persons of the same religion, or from giving preference to those persons, unless membership in the religion is restricted on account of race, color, sex, HIV-positive status, or national origin.
(C) Nothing in this subchapter shall prohibit a bona fide private club, not in fact open to the public, which as an incident to its primary purpose provides lodging, which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of those lodgings to its members or from giving preference to its members.
(D) Nothing in this subchapter shall bar any person from owning and operating a housing accommodation in which a room or rooms are leased, subleased, or rented only to persons of the same sex, when the housing accommodation contains common lavatory, kitchen, or similar facilities available for the use of all persons occupying the housing accommodation.
(Ord. 79-1114, passed 11-14-1979)