Fair Housing Exceptions

The following exemptions to the Fair Housing Act apply to a single-family residence if the owner of residence sold or rented:
  • owns less than three residences at any one time;
  • does not live in the residence at the time of the sale - this specific exemption may only be used by the owner once during any 24 month period;
  • does not own any interest in proceeds from sale or rental of more than three single-family residences at any one time; or
  • does not employ services of a real estate broker, agent, or salesperson in the sale or rental.
The law states that any person must be deemed a real estate broker, agent, or salesperson if he/she:
  • within the past twelve months, has acted as principal in three or more transactions involving sale or rental of any dwelling or any interest therein;
  • within the past twelve months, has acted as agent, other than in the sale of his or her own personal residence, by providing services in two or more transactions involving sale or rental of any dwelling or interest therein;
  • owns a dwelling occupied, or intended for occupancy, by five or more families; or
  • does not advertise the residence for sale or rental in a discriminatory manner.
The laws do
not
 apply to rental units in dwellings containing living quarters designed for no more than four families living independently of each other, provided that the owner actually lives in one of the quarters. Finally, the laws do
not
 apply to dwellings and rental units owned and operated by certain religious organizations and private clubs.