Legal Documents of Adams

Subject to the provisions of subsection (2) below and § 20-107, the prohibitions against discrimination in the sale or rental of housing set forth in § 20-104 shall apply to:

1. All dwellings except as exempted by subsection (2) below;
2. Nothing in § 20-104 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 (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 (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 or her 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 title only if such house is sold or rental: without the use in any manner of the sale 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 without the publication, posting, or mailing, after notice of any advertisement or written notice in violation of § 20-104(3) of this chapter, 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 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 (1) of such living quarters as his or her residence.
3. For the purposes of subsection (2) above, persons shall be deemed to be in the business of selling or renting dwellings if:
   
   1. They have, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the safe or rental of any dwelling or any interest therein;
   2. They have, within the preceding twelve (12) months, participated as agent, other than in the sale of his or her own personal residence in providing sales or rental facilities or sales or rental services in two (2) or more transaction 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 (5) or more families. (Ord. #62, Feb. 1995)