§ 16-34. Exemptions and exclusions.

(a)

There shall be exempted from the application of section 16-31:

(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, 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 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 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 salesman, 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, salesman or person, and

b.

Without the publication, posting or mailing of any advertisement or written notice in violation of section 16-31(c) of this article; but, nothing in this proviso 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 more than four (4) families living independently of each other if the owner actually maintains and occupies one of such living quarters as his residence.

(b)

Nothing in this article 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 sex, age, handicap, race, color or national origin.

(c)

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

(Ord. of 10-15-74, § 6; Ord. of 6-6-78, § 11)