§ 14-2. Exemptions.

(a)

The provisions in this chapter shall not apply to:

(1)

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

a.

Provided that such private individual owner does not own more than three such single-family houses at any one time;

b.

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 24-month period;

c.

Provided, further, that such a 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;

d.

Provided, further, the sale or rental of any such single-family house shall be exempted from the application of this chapter only if such house is sold or rented:

1.

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 salesman, or of such facilities or services or any person in the business of selling or renting dwellings, or of any employee or agent of a broker, salesman, or person; and

2.

Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of this article or chapter; but 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; or

(2)

Rooms or unites 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. For the purposes of this section, a person shall be deemed to be in the business of selling or of renting dwellings if:

a.

He has, within the preceding 12 months, participated as a principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;

b.

He has, within the preceding 12 months, participated as agent other than in the sale of his own personal residence 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.

(b)

Nothing in this chapter shall prohibit 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 race, color, sex, familial status, disability, or national origin. Nothing in this chapter shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose of purposes provides lodgings 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 membership.

(Code 1983, § 5.5-2)