§ 16-152. Exceptions from article.

Nothing contained in this article shall:

(1)

Apply to any single-family house sold or rented by an owner, provided that such private individual does not own more than three (3) single-family houses at any one (1) time. In the case of the sale of any single-family house by a private individual-owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted shall apply only with respect to one (1) such sale within any twenty-four month period; provided that such 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 (3) such single-family houses at any one (1) time. The sale or rental of any such single-family house shall be exempt from the application of this article only if the house is sold or rented (i) without the use in any manner of the sales or rental facilities or the sales or rental services of any person in the business of selling or renting housing, or of any employee, independent contractor, or agent of any broker, agent, salesperson or person and (ii) without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of this chapter. However, nothing herein shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other professional assistance as necessary to perfect or transfer the title.

(2)

Bar any religious or denominational institution or organization, or any organization operated for charitable or educational purposes which is operated, supervised or controlled by or in connection with a religious organization, from limiting admission to or giving preference to persons of the same religion or denomination with regard to occupancy, leasing, sale or purchase of housing, or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained, unless membership in such religion is restricted on account of race, color, national origin, sex, age, familial status, elderliness, handicap, or marital status.

(3)

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 preferences to its members.

(4)

Be construed to bar any person from refusing to sell or rent any dwelling to unmarried individuals cohabiting contrary to law.

(5)

Be construed to deny to any person any right or privilege guaranteed by the Constitution of the United States or by the Constitution of Virginia.

(6)

Be construed to require a sale or lease to a minor or to prohibit the refusal to sell or lease to a minor because of his age.

(7)

The familial status protection shall not apply to housing for older persons.

(8)

Prohibit, limit, or in any way abridge the rights and remedies afforded housing for older persons, as defined herein and in accordance with the Federal Fair Housing Act of 1968, as amended, and the Virginia Fair Housing Law, as amended.

(Code 1956, Tit. XV, Ch. 8, § 2; Ord. No. 36635, § 1, 3-1-04; Ord. No. 37232, § 1, 11-7-05)

(Code 1956, Tit. XV, Ch. 8, § 2; Ord. No. 36635, § 1, 3-1-04; Ord. No. 37232, § 1, 11-7-05)