§ 42-31. Same—Exemptions and exceptions.

(a)

Nothing contained in section 42-30 shall prohibit a religious organization, association or society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting or from advertising the sale, rental or occupancy of housing which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons. Nothing in this article shall prohibit a private club not in fact open to the public which, as an incident to its primary purpose, 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 members.

(b)

Nothing in section 42-30, other than subsection (a)(7) of such section, shall apply to the following:

(1)

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

a.

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

b.

In 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.

Such bona fide private individual owner does not own any interest in nor is there owned or reserved on such owner's behalf, under any express or voluntary agreement, title to or any rights 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.

The owner sells or rents such housing:

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 salesperson or of such facilities or services of any person in the business of selling or renting housing or of any employee or agency of any such broker, agent, salesperson or person; and

2.

Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 42-30(a)(7);

but nothing in this subsection 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

(1)

Rooms or units in housing 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 such owner's residence, provided that the owner sells or rents such rooms or units:

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 housing or of any employee or agency of 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 42-30(a)(7);

but nothing in this subsection shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.

(c)

For the purpose of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting housing if:

(1)

He has, within the proceeding 12 months, participated as principal, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in three or more transactions involving the sale or rental of any housing or any interest therein;

(2)

He has, within the preceding 12 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 housing or any interest therein; or

(3)

He is the owner of any housing designed or intended for occupancy by or occupied by five or more families.

(d)

Nothing in section 42-30 shall be construed to:

(1)

Bar any person from restricting sales, rentals, leases or occupancy or from giving preference to persons of a given age for bona fide housing intended solely for the elderly or bona fide housing intended solely for minors.

(2)

Make it unlawful to require that a person have legal capacity to enter into a contract or lease.

(3)

Bar any person from advertising or from refusing to sell or rent any housing which is planned exclusively for and occupied exclusively by individuals of one sex to any individual of the opposite sex.

(4)

Bar any person from selling, renting or advertising any housing which is planned exclusively for and occupied exclusively by unmarried individuals to unmarried individuals only.

(5)

Bar any person from advertising or from refusing to sell or rent any housing which is planned exclusively for married couples without children or from segregating families with children to special units of housing.

(6)

Bar any person from refusing to sell or rent any housing to unmarried individuals cohabiting contrary to law.

(7)

Bar any person from refusing a loan or other financial assistance to any person whose life expectancy, according to generally accepted mortality tables, is less than the term for which the loan is requested.

(e)

Nothing in section 42-30 shall be construed to require any person renting or selling a dwelling to modify, alter or adjust the dwelling in order to provide physical accessibility, except as otherwise required by law.

(Code 1958, § 12A-4)

State law reference

Similar provisions, F.S. § 760.29.