A.
(1)
Any single-family house sold or rented by an owner, provided that:
(a)
Such private individual owner does not own more than three such
single-family houses at any one time.
(b)
In the case of the sale of any single-family house at the time
of such sale or who was not the recent resident of such house prior
to such sale, the exception granted by this subsection shall apply
only with respect to one such sale within any twenty-four-month period.
(c)
Such bona fide private individual owner does not own any interest
in, nor is there owned or reserved on their behalf under any express
or voluntary agreement title to 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.
(d)
The sale or rental of any such single-family house shall be
excepted from the application of this chapter only if such house is
sold or rented:
[1]
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
[2]
Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 131-5 of this chapter, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as may be necessary to perfect or transfer the title.
(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 their residence.
B.
For the purpose of this exemption, a person shall be deemed to be
in the business of selling or renting dwellings if:
(1)
They have, within the preceding 12 months, participated as principal
in three or more transactions involving the sale or rental of any
dwelling or any interest therein;
(2)
They have, within the preceding 12 months, participated as agent,
other than in the sale of their 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 any interest
therein; or
(3)
They are the owner of any dwelling designed or intended for occupancy
by or occupied by five or more families.
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, sex, handicap, familial status
or national origin. Nor shall anything in this chapter 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
such lodgings to its members or from giving preference to its members.[1]
[1]
Editor's Note: So in original.
