Title 2 ADMINISTRATION AND PERSONNEL*
Chapter 2.80 FAIR HOUSING
2.80.030 Unlawful practice.
Subject to the provisions of subsection(B) and Section 2.80.070, the
prohibitions against discrimination in the sale or rental of housing set forth
in this section shall apply to:
A. All dwellings except as exempted by
subsection B of this section;
B. Nothing in Section 2.80.040 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 such single-family
houses 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 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 such single-family houses at any one time.
Provided further, that the sale or rental of any such single-family house shall
be excepted from the application of the ordinance codified in this chapter 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 2.80.040C of this ordinance, 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, or
2. Rooms or units in dwellings contained 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.
C. For the purposes of
subsection B of this section, a person shall be deemed to be in the business of
selling or renting dwellings if:
1. They have, within the preceding twelve
months, participated as principal in three or more transactions involving the
sale or rental of any dwelling or any interest therein; or
2. They have,
within the preceding twelve 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. (Ord. 1620-2000 § 2(part), 2000).
<< previous | next >>