Athens Village, N.Y., Code of Ordinances ch. 145 (eCode360 ed. 2026) § 145-6
Exemptions
Operative Text
A. Sales/rentals by owners. (1) Nothing in § 145-3 (other than Subsection C) shall apply to: (a) 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 recent resident of such house prior to such sale, the exception 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 one time, provided further that the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented 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 dwelling or of any employee or agent of any such broker, agent, salesman or person; and without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 145-3 of this chapter; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as may be necessary to perfect or transfer the title. (b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (2) For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings if: (a) He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; (b) He has, within the preceding 12 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 (c) He is the owner of any dwelling designed or intended for occupancy by or occupied by five or more families. B. Sales/rentals by religious organizations. Nothing in this chapter 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 limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, handicap, familial status, national origin, creed, age, sexual orientation, marital status or military status. Nor shall anything in this chapter prohibit a private club, not in fact open to the public, which, as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental of occupancy of such lodgings to its members or from giving preference to its members.
Section 145-6 of Athens Village's Code of Ordinances, Chapter 145, carves out specific categories of housing transactions that are not subject to the fair-housing conduct rules in § 145-3. These exemptions cover small-scale private owners selling or renting single-family homes under defined conditions, owner-occupied buildings with no more than four units, religious organizations and affiliated nonprofits limiting occupancy to members of their faith (unless that faith restricts membership by protected class), and private clubs that provide lodging solely to their own members. The exemptions are narrowly drawn — for instance, private owners lose the exemption if they use a real estate broker or agent, own interests in more than three single-family homes at once, or meet the statutory definition of being 'in the business' of selling or renting dwellings.
Plain English — not legal advice.
Operators seeking to rely on the § 145-6 exemptions generally ensure they meet every condition attached to the exemption they are claiming — for example, a private individual owner typically confirms they hold no interest in more than three single-family homes simultaneously and completes any covered transaction without engaging a real estate broker, agent, or salesperson. Owner-occupants of small multi-family buildings (four units or fewer) who wish to claim the owner-occupied exemption under § 145-6(A)(1)(b) typically verify that they actually reside in one of the units. Religious organizations and private clubs relying on § 145-6(B) generally document that their preference policies do not restrict membership or occupancy on the basis of any protected characteristic listed in the provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 145-6 defines the boundaries of who is and is not covered by Athens Village's fair-housing rules in Chapter 145, which means tenants can use this provision to assess whether a landlord's claimed exemption is actually valid. If a landlord claims an exemption but appears to use a broker, owns interests in more than three single-family homes, or otherwise falls outside the narrow conditions of § 145-6, a tenant may have grounds to raise that as a challenge — for example, as a defense in a proceeding or through a complaint to an appropriate authority. Tenant-rights organizations familiar with local fair-housing law can help individuals understand whether a specific exemption claim under § 145-6 appears to be properly applied.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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