§ 8-142. Application of prohibitions.

(a)

Subject to the provisions of subsection (b) of this section, and of section 8-146, the prohibitions against discrimination in the sale or rental of housing set forth in section 8-143 shall apply to all dwellings except as exempted by subsection (b) of this section.

(b)

Nothing in section 8-143 other than subsection (3) thereof shall apply to:

(1)

Any single-family house sold or rented by an owner; provided, that such private individual owner does not own more than three (3) such single-family houses at any one (1) 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 (1) such sale within any twenty-four-month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on such owner's 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 (3) such single-family houses at any one (1) time; provided further, that the sale or rental of any such single-family house shall be excepted from the application of this article 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, salesperson, or person and b. without the publication, posting or mailing, after notice of any advertisement or written notice in violation of section 8-143(3); but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance necessary to perfect or transfer the title, or

(2)

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as such owner's residence.

(c)

For the purpose of subsection (b), a person shall be deemed to be in the business of selling or renting dwellings if:

(1)

Such person has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein, or

(2)

Such person has, within the preceding twelve (12) months, participated as agent, other than in the sale of such person's own personal residence in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein, or

(3)

Such person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.

(Ord. of 11-11-80, § 3)