Canton, N.Y., Code of Ordinances ch. 158 (eCode360 ed. 2026) § 158-6
Exemptions
Operative Text
A. Sales and rentals by owners. (1) Nothing in § 158-4 (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 at time of 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 have any interest in, nor is there owned or reserved on his behalf under any express or voluntary agreement, title, 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 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 salesperson, 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, salesperson or person; and without publication, posting or mailing after notice, of any advertisement or written notice in violation of § 158-4 of this chapter; but nothing in this subsection shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as may be necessary to perfect or transfer title; or (b) 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. (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 a principal in three or more transactions involving the sale or rental of any dwelling or interest therein; (b) He has, within the preceding 12 months, participated as an 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 for giving preference to such persons, unless membership in such religion is restricted on account of race, color, national origin, gender, familial status, household composition or disability; 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.
Canton, N.Y., Code of Ordinances ch. 158 § 158-6 carves out specific situations where the fair-housing requirements of § 158-4 do not apply. Individual owners of up to three single-family homes may be exempt from those requirements when selling or renting without using a broker or publishing discriminatory notices, and small owner-occupied buildings of four or fewer units also qualify for an exemption. Religious organizations and private clubs that own non-commercial lodging may restrict or give preference in occupancy to members of their religion or club, as long as membership itself is not restricted based on protected characteristics such as race, color, national origin, gender, familial status, or disability.
Plain English — not legal advice.
Under § 158-6, property owners who believe they qualify for an exemption—such as individual owners of three or fewer single-family homes or owner-occupants of small multi-unit buildings—generally ensure they are not using real estate brokers, agents, or advertising that would violate § 158-4 in order to preserve that exemption. Operators should be aware that the exemption for single-family home sales by non-resident owners is limited to one transaction within any twenty-four-month period. Religious organizations and private clubs operating non-commercial lodging under § 158-6(B) typically document that any membership or occupancy preference is not based on race, color, national origin, gender, familial status, household composition, or disability.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 158-6 defines the narrow circumstances under which a housing provider in Canton may be exempt from the anti-discrimination requirements of § 158-4, meaning most landlords and sellers remain fully covered by those protections. If a tenant or prospective tenant believes a housing provider is improperly claiming an exemption—for example, by using a real estate broker while asserting the owner-exemption, or by owning more than three single-family homes—that concern may be relevant to a fair-housing complaint or legal proceeding. Tenant-rights organizations and legal aid services can help individuals understand whether § 158-6's exemptions legitimately apply to a specific housing situation.
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
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