(a) Subject to the provisions
of subsection (b) and section 807, the prohibitions against discrimination
in the sale or rental of housing set forth in section 804 shall apply:
(1) Upon enactment of this title, to—
(A) dwellings owned or operated by the Federal Government;
(B) dwellings provided
in whole or in part with the aid of loans, advances, grants, or contributions
made by the Federal Government, under agreements entered into after
November 20, 1962, unless payment due thereon has been made in full
prior to the date of enactment of this title;
(C) dwellings provided in whole or in
part by loans insured, guaranteed, or otherwise secured by the credit
of the Federal Government, under agreements entered into after November
20, 1962, unless payment thereon has been made in full prior to the
date of enactment of this title: Provided, That nothing contained
in subparagraphs (B) and (C) of this subsection shall be applicable
to dwellings solely by virtue of the fact that they are subject to
mortgages held by an FDIC or FSLIC institution; and
(D) dwellings provided by the development
or the redevelopment of real property purchased, rented, or otherwise
obtained from a State or local public agency receiving Federal financial
assistance for
slum clearance or urban renewal with respect to such real property
under loan or grant contracts entered into after November 20, 1962.
(2) After December 31, 1968, to all dwellings
covered by paragraph (1) and to all other dwellings except as exempted
by subsection (b).
(b) Nothing in section
804 (other than subsection (c)) shall apply to—
(1) any single-family house sold or rented
by an owner: Provided, That such private individual owner
does not own more than three such single-family houses at any one
time: 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 twenty-four month period: Provided further, 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 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: Provided further, That after December 31,
1969, the sale or rental of any such single-family house shall be
excepted from the application of this title only if such house is
sold or rented (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 salesman, or of such facilities or services of any person
in the business of selling or renting dwellings, or of any employee
or agent of any such broker, agent, salesman, or person and (B) without
the publication, posting or mailing, after notice, of any advertisement
or written notice in violation of section 804(c) of this title; but
nothing in this proviso 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 units 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.
(c) For the purposes
of subsection (b), a person shall be deemed to be in the business
of selling or renting dwellings if—
(1) he has, within the preceding twelve
months, participated as principal in three or more transactions involving
the sale or rental of any dwelling or any interest therein, or
(2) he has, within the
preceding twelve 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 dwelling or any interest therein, or
(3) he is the owner of
any dwelling designed or intended for occupancy by, or occupied by,
five or more families.
[42 USC 3603.]
