§ 36-56. Exemptions.

(a)

Single-family and multifamily dwellings. Nothing in this article applies to:

(1)

Any single-family house sold or rented by its owner, provided such private individual owner does not own more than three single-family houses at any one time. In case of the sale of a single-family house by a private individual owner who does not reside in such house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this subsection applies only with respect to one sale within any 24-month period. In addition, the bona fide private individual owner shall not own any interest in, nor shall there be 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 single-family houses at any one time. The sale or rental of any single-family house shall be exempted from the application of this article only if the house is sold or rented:

a.

Without the use in any manner of sales or rental facilities or the sales or rental services of any real estate licensee or such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such licensee or person; and

b.

Without the publication, posting, or mailing, after notice of any advertisement or written notice in violation of section 36-52.

Nothing in this provision prohibits the use of attorneys, escrow agents, abstractors, title companies and other professional assistance as is necessary to perfect or transfer the title of the property at issue.

(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 as his or her residence.

(b)

For the purposes of this section, a person is deemed to be in the business of selling or renting dwellings if the person:

(1)

Has participated within the preceding 12 months in three or more transactions involving the sale or rental of any dwelling or interest therein;

(2)

Has participated within the preceding 12 months, as an agent, other than in the sale of his or her own 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 interest therein; or

(3)

Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

(c)

Nothing in this article prohibits a religious organization or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization from limiting the sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to individuals of the same religion or from giving preference to such individuals, unless membership in such religion is restricted on account of race, color, or national or origin.

(d)

Nothing in this article prohibits a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings that it owns or operates for other than a commercial activity from limiting the rental or occupancy of such lodgings to its members or giving preference to members.

(e)

Nothing in this article requires any person renting or selling a dwelling constructed for first occupancy before July 1, 2011, to modify, alter, or adjust the dwelling in order to provide physical accessibility except as otherwise required by law.

(Ord. No. 2011-17, § I, 5-19-11)