Castleton-on-Hudson, N.Y., Code of Ordinances ch. 34 (eCode360 ed. 2026) § 34-6
Exceptions; applicability
Operative Text
A. Sales/rentals by owners. (1) Nothing in this chapter (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 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 have 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; and 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 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 this chapter, but nothing in this provision 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; 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 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 of any interest therein; or (c) He is the owner of any dwelling designed or intended for occupancy, 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 dwelling which it owns or operates for other than a commercial purpose to a person of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, religion, sex, national origin, handicap or familial 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 purposes, provides lodgings which it owns or operates for other than a commercial purpose from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. C. Applicability. (1) Nothing in this chapter limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision in this chapter regarding familial status apply with respect to housing for older persons. (2) Housing for older persons. (a) As used in this Subsection C , "housing for older persons" means housing: [1] Provided under any state or federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); [2] Intended for, and solely occupied by, persons 62 years of age or older; or [3] Intended and operated for occupancy by at least one person 55 years of age or older per unit. (b) Housing shall not fail to meet the requirements for housing for older persons by reason of: [1] Persons residing in such housing as of the date of enactment of this chapter who do not meet the age requirements of Subsection C(2)(a)[2] or [3] , provided that new occupants of such housing meet the age requirements of Subsection C(2)(a)[2] or [3] ; or [2] Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of Subsection C(2)(a)[2] or [3] . (3) Nothing in this chapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802). (4) Nothing in this chapter requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
Section 34-6 of Castleton-on-Hudson's Code of Ordinances Chapter 34 carves out specific situations where the chapter's fair-housing rules do not apply. Key exemptions include small-scale private sales or rentals of single-family homes (subject to strict ownership and transaction-frequency limits), owner-occupied buildings with four or fewer units, religious organizations renting to members of their faith, and housing designated for older persons. The chapter also preserves the ability of local, state, and federal authorities to enforce occupancy limits, and it does not protect individuals convicted of illegal drug manufacturing or distribution, nor those whose tenancy would pose a direct threat to others' health, safety, or property.
Plain English — not legal advice.
Property owners and managers operating under Chapter 34 § 34-6 should understand that the exemptions it provides are narrow and conditional — for example, the single-family home exemption applies only when the owner holds no more than three such homes, does not use a real estate broker or agent, and meets specific residency and transaction-frequency requirements. Operators of owner-occupied buildings with four or fewer units may also qualify for an exemption, but only if the owner genuinely resides in one of the units. Landlords who believe their property qualifies as housing for older persons under § 34-6(C)(2) should ensure their policies and occupancy records consistently reflect the applicable age requirements, since the exemption depends on ongoing compliance with those criteria.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 34-6 defines the boundaries of Chapter 34's protections, so tenants should be aware that certain housing situations — such as small owner-occupied buildings or religious-organization housing — may fall outside the chapter's coverage. If a tenant believes a landlord is improperly claiming an exemption under § 34-6 to avoid fair-housing obligations, they may consider raising that issue as a defense in a housing proceeding or filing a complaint with an appropriate local or state agency. Tenant-rights organizations can help individuals understand whether a claimed exemption legitimately applies to their 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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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