§ 22-25. Same—Exemptions.

(a)

Nothing in section 22-24, other than subsection (2) of section 22-24 shall apply to:

(1)

Any single-family house sold or rented by an owner, provided:

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 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 24-month period.

c.

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 any right to all or a portion of the proceeds from the sale or rental or, more than three such single-family houses at any one time.

d.

After the effective date of the ordinance from which this article is derived 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.

1.

Without the use of any manner of 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 section 22-24(3), but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as 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 his residence.

(b)

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

(1)

He has, 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)

He has, within the preceding 12 months, participated as agent, other than in the sale of his 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)

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

(c)

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 age, race, color, sex, national origin, familial status or handicap. Nor shall anything in this article prohibit a private club not in fact open to the public, which as in incident to its primary purpose or purposes provides lodgings from which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(Code 1988, § 12-23; Ord. No. 85-3, § 3; Ord. No. 89-28, § 3)

State law reference

Similar provisions, F.S. § 760.29.