§ 57.39. Certain Sales and Rentals Exempted.

(1)

Subject to subparagraph (2) of this section, Sections 57.48, 57.50, 57.51 and 57.52, of this Article do not apply to:

(a)

the sale or rental of a single-family house sold or rented by an owner if:

(i)

the owner does not:

a.

own more than three single-family houses at any one time; and

b.

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 any part of the proceeds from the sale or rental of more than three single-family houses at any one time; and

(ii)

the house was sold or rented without:

a.

the use in any manner of the sales or rental facilities or 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 an employee or agent of a broker, agent, or salesman, or person; and

b.

the making, printing, publication, posting, or mailing of a notice, statement, or advertisement prohibited by Section 57.49 of this Article.

(b)

the sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the living quarters as the owner's residence.

(2)

The exemption in subparagraph (1)(a) above applies to only one sale or rental in a 24-month period if the owner was not the most recent resident of the house at the time of the sale or rental.

(3)

For the purposes of subsection (1)(A) of this section, a person shall be deemed to be in the business of selling or renting dwellings if:

(a)

he has, 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

(b)

he has, within the preceding twelve months, participated as agent, other than in the sale of his 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

(c)

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

(Ord. of 3-23-1992, Doc. #25570; Ord. of 8-31-1992, Doc. #25570-1)