Exemptions

San Antonio City Code ch. 2, art. X, div. 6, subpt. IV

in effect

San Antonio City Code § 2-634 Sales and rentals exempted.

Sec. 2-634. - Sales and rentals exempted. (a) Subject to subsection (b) of this section, sections 2-625 through 2-628 of this division do not apply to: (1) The sale or rental of a single-family house sold or rented by an owner if: a. The owner does not: 1. Own more than three (3) single-family houses at any one time, and 2. 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 any part of the proceeds from the sale or rental of more than three (3) single-family houses at any one time; and b. The house is, or was sold or rented without: 1. The use of the sales or rental facilities or services of a real estate broker, agent, or salesman licensed under applicable state law or of an employee or agent of a licensed broker, agent, or salesman, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five (5) or more families; and 2. The publication, posting, or mailing of a notice, statement or advertisement prohibited by section 2-629 of this division; or (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 (4) families living independently of each other if the owner maintains and occupies one of the living quarters as the owner's residence. (b) The exemption set forth in subsection (a)(1) of this section applies only to one sale or rental within a 24-month period if the owner did not reside in the house at the time of sale or rental or was not the most recent resident of the house prior to the sale or rental. (Ord. No. 2013-09-05-0577, § 1, 9-5-13)

San Antonio City Code § 2-635 Religious organizations and private clubs exempted.

Sec. 2-635. - Religious organizations and private clubs exempted. (a) This division does not prohibit a religious organization, association, or society, or a 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 occupy dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, or (2) Giving preference for such dwellings to persons of the same religion, unless membership in the religion is restricted because of race, color or national origin. (b) This division does not prohibit a private club not in fact open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members. (Ord. No. 2013-09-05-0577, § 1, 9-5-13)

San Antonio City Code § 2-636 Housing for elderly exempted.

Sec. 2-636. - Housing for elderly exempted. (a) The provisions of this division relating to familial status do not apply to housing for older persons. (b) In this section "housing for older persons" means housing: (1) That the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons under a federal or state program; (2) Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or (3) Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit as determined by the Secretary of the United States Department of Housing and Urban Development. To the extent that such a determination falls within the jurisdiction of the United States Department of Housing and Urban Development, the following factors at minimum must be present for the dwelling(s) to qualify for the exemption: a. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; b. That at least eighty (80) percent of the units are occupied by at least one person fifty-five (55) years of age or older per unit; and c. The publication of, and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five (55) years of age or older. (Ord. No. 2013-09-05-0577, § 1, 9-5-13)

San Antonio City Code § 2-637 Appraisal exemption.

Sec. 2-637. - Appraisal exemption. This division does not prohibit a person engaged in the business of furnishing appraisals of residential real property from taking into consideration factors other than race, color, religion, sex, sexual orientation, gender identity, veteran status, disability, familial status, national origin or age. (Ord. No. 2013-09-05-0577, § 1, 9-5-13)

San Antonio City Code § 2-638 Effect on other law.

Sec. 2-638. - Effect on other law. This section and division do not affect a requirement of nondiscrimination in any other local, state or federal law. (Ord. No. 2013-09-05-0577, § 1, 9-5-13)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH2AD_ARTXNSCPO_DIV6DIHOPR_SDIVEXFetched: 10/27/2026