§ 265.050. Exemptions.

A. 

The provisions of this Chapter, and particularly Section 265.030 hereof, shall not apply to the following:

1. 

A rental or leasing of a dwelling unit in a building which contains housing accommodations for not more that two (2) families living independently of each other, if the owner or members of their family reside in such dwelling unit.

2. 

A rental or leasing to less than five (5) persons living in a dwelling unit by the owner if the owner or members of their family reside therein.

3. 

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

a. 

Without the use of sale or rental facilities or services of real estate brokers, agents, salesmen, or persons in the business of selling or renting dwellings; and

b. 

Without the publication, posting or mailing of any advertisements in violation of Section 265.030(A)(3) of this Chapter; provided, however, that:

(1) 

Nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; and

(2) 

That any such 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 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 time.

4. 

For the purposes of Subsection (A)(3) of this Section, a person shall be in the business of selling or renting a dwelling if:

a. 

They have, within the proceeding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein;

b. 

They have, within the preceding twelve (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 (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or

c. 

They are the owner of any dwelling designed or intended for occupancy, by or occupied by five (5) or more families.

R.O. 1996 § 265.050; Ord. No. 2115 § 5, 9-16-1991