§ 46-28. Exemptions and exclusions.

(a)

The following shall be exempted from the application of section 46-31:

(1)

The sale or rental of any single-family house by the owner, provided that:

a.

The sale or rental is made without the use in any manner of the sales or rental facilities or the services of any real estate broker, agent or salesperson licensed under the state Real Estate License Act ([Tex. Civ. Stat.,] art. 6573a) or of any employee or agent of a licensed broker, agent, or salesperson or of the owner of a dwelling designed or intended for occupancy for five or more families, but nothing in this subsection shall prohibit the use of attorneys, escrow agents, abstractors, title companies or other such professional assistance as necessary to perfect or transfer the title;

b.

The sale or rental is made without the dissemination, publication, posting or mailing of any advertisement, statement or written notice;

c.

The owner does not own more than three single-family houses, duplexes, condominium units or townhomes at the time of the sale;

d.

The 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 any portion of the proceeds from the sale or rental of more than three single-family houses, duplexes, condominium units or townhomes at any one time; and

e.

If the owner was not the most recent resident of the house prior to the sale or rental, the exemption granted in subsections (c) and (d) of this section shall apply only with respect to one such sale or rental within any 24-month period.

(2)

The sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of such living quarters as his residence.

(b)

Nothing in this article shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from:

(1)

Limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or

(2)

Giving preference to persons of the same religion, unless membership in such religion is restricted because of race, color, or national origin.

(c)

Nothing in this article shall prohibit a private club not open to the public, which as an incident to its primary purpose provides lodgings that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodging to its members or from giving preference to its members.

(d)

The provisions of this article relating to familial status do not apply to housing:

(1)

Specifically designed and operated to assist elderly persons under a federal or state program;

(2)

Intended for and solely occupied by individuals 62 years of age or older; or

(3)

Intended and operated for occupancy by at least one individual 55 years of age or older per unit as determined by the rules of the state commission on human rights.

(e)

This article does not prohibit discrimination against a person because the person has been convicted under federal law or of the law of any state of the illegal manufacture or distribution of a controlled substance.

( Ord. No. 13,226 , § 2, 7-14-16)