§ 9.08.070. Exemptions and exclusions.

A.

There shall be exempted from the application of Section 9.08.040:

1.

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, wherever located, at any one time; 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 house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four (24) month period; provided, further, that 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 three such single-family houses at any one time; provided, further, the sale or rental of any such single-family house shall be excepted from the application of this title only if such house is sold or rented:

a.

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 or salesperson; and

b.

Without the publication, posting or mailing of any advertisement or written notice in violation of Section 9.08.040(C) of this chapter.

Nothing in this section shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title.

2.

The rental of 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 his or her residence.

B.

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, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood or age.

C.

Nothing in this chapter 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.

D.

Nothing in this chapter shall bar any person from owning and operating a housing accommodation in which rooms are leased, subleased or rented only to persons of the same sex, when such housing accommodation contains common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation.

E.

Nothing in this chapter shall prohibit the sale, rental, lease or occupancy of any dwelling designed and operated exclusively for senior adults and their spouses, unless the sale, rental, lease or occupancy is further restricted on account of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status and sexual orientation.

F.

Nothing in this chapter shall bar a person who owns, operates or controls rental dwellings, whether located on the same property or on one or more contiguous parcels of property, from reserving any grouping of dwellings for the rental or lease to tenants with a minor child or children; provided, however, in the event that said reserved area is completely leased or rented, the person owning, operating or controlling said rental dwelling to the prospective tenant on the basis of the tenant's status as a parent or any other of the protected classifications set forth in this chapter.

G.

For purposes of subsection A of this section, a person is in the business of selling or renting dwellings if:

1.

The person has within the preceding twelve (12) months participated as a principal in three or more transactions involving the sale or rental of a dwelling or interest in a dwelling; or

2.

The person has within the preceding twelve (12) months participated as an agent in two or more transactions involving the sale or rental of a dwelling or interest in a dwelling other than the sale or rental of the person's own personal residence; or

3.

The person is the owner of a dwelling designed or intended for occupancy by, or occupied by, five or more families.

(Prior code § 15-21)