Ballston Spa, N.Y., Code of Ordinances ch. 114 (eCode360 ed. 2026) § 114-6
Exceptions
Operative Text
A. Sales/rentals by owners. Nothing in § 114-3 (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 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-hour period; provided, further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his/her 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 that 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 dwellings 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 § 114-3 of this chapter, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as may be 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/her residence. (3) For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings if: (a) He/she 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/she has, within the preceding 12 months, participated as agent, other than in the sale of his/her 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/she 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 sales, 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 person unless membership in such religion is restricted on account of race, color, sex or national origin, 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 lodging 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 114-6 of Ballston Spa's Code of Ordinances carves out specific situations where the fair-housing requirements of § 114-3 do not apply. Individual owners of up to three single-family homes may sell or rent those properties without triggering the chapter's anti-discrimination rules, so long as they act without a real estate broker or agent and without posting prohibited advertisements. Small owner-occupied buildings of four or fewer units are similarly exempt, as are sales or rentals by religious organizations or private clubs that restrict occupancy to members of their faith or membership, provided that membership itself is not limited by race, color, sex, or national origin.
Plain English — not legal advice.
Property owners in Ballston Spa who believe they qualify for an exemption under § 114-6 generally confirm that they meet each condition precisely — for example, that they hold no more than three single-family homes, that no broker or agent is involved in the transaction, and that no prohibited advertisement has been published or posted. Owners of small buildings who rely on the owner-occupancy exemption under § 114-6(A)(2) typically verify that they actually reside in one of the four or fewer units. Religious organizations and private clubs relying on § 114-6(B) generally ensure that any membership or occupancy restriction is not itself based on race, color, sex, or national origin.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants or prospective tenants in Ballston Spa should be aware that § 114-6 lists narrow, condition-specific exceptions to the fair-housing protections in § 114-3 — and that a landlord who claims an exemption must satisfy every stated condition to validly rely on it. If a housing provider appears to be invoking an exemption improperly — for instance, by using a real estate broker while claiming the private-owner exception, or by owning more than three single-family homes — that conduct may still fall within the chapter's protections. Tenant-rights organizations and local or state fair-housing agencies can help individuals understand whether a claimed exemption under § 114-6 is being applied correctly.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation