Cazenovia, N.Y., Code of Ordinances ch. 86 (eCode360 ed. 2026) § 86-6

Exceptions

In Force
Verified 11/10/2026 · Next check 12/10/2026
CazenoviaProtected Classes (State/Local)

Operative Text

Cazenovia, N.Y., Code of Ordinances ch. 86 (eCode360 ed. 2026) § 86-6
A. Sales/rentals by owners. (1) Nothing in § 86-3 (other than Subsection C) of this chapter 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 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; 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 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 § 86-3 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 or 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 or she 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 or she 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 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 age, race, color, sex, national origin, handicap, sexual orientation, military status, marital status, domestic violence victim status, 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) As used in this Subsection C , the term "housing for older persons" means housing: (a) 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); (b) Intended for, and solely occupied by, persons 62 years of age or older; or (c) Intended and operated for occupancy by at least one person 55 years of age or older per unit. (3) Housing shall not fail to meet the requirements for housing for older persons by reason of: (a) 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)(b) or (c) , provided that new occupants of such housing meet the age requirements of Subsection C(2)(b) or (c) ; or (b) Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of Subsection C(2)(b) or (c) . (4) 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 § 102 of the Controlled Substances Act (21 U.S.C. § 802 ). (5) 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.
Source: Legislative text reproduced verbatim
Plain English

Section 86-6 of Cazenovia's Code of Ordinances carves out specific situations where the fair-housing requirements of § 86-3 do not apply. These exceptions cover 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 limiting occupancy to members of their faith, housing designated for older persons, and situations involving direct threats to health, safety, or property. The provision also clarifies that local, state, and federal occupancy-limit rules remain fully in force regardless of the chapter's other provisions.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers in Cazenovia should understand that § 86-6 defines narrow circumstances under which the anti-discrimination requirements of § 86-3 do not apply — and that qualifying for an exception depends on meeting every condition stated in the provision. For example, the single-family-home exemption under § 86-6(A) is only available to private individuals who own no more than three such homes, conduct the transaction without a broker or agent, and avoid any advertising that would itself violate § 86-3. Operators of housing for older persons or religiously affiliated housing must similarly ensure their policies conform precisely to the criteria spelled out in § 86-6(B) and (C) to rely on those exemptions.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants in Cazenovia who believe they have experienced housing discrimination should be aware that § 86-6 lists limited, condition-heavy exceptions to the fair-housing protections in § 86-3 — and that a landlord claiming an exception must actually satisfy all of its requirements. If a landlord asserts, for instance, the owner-occupant or single-family-home exemption under § 86-6(A), tenants can examine whether the landlord truly meets each stated condition, such as ownership limits and the prohibition on using a broker. Tenant-rights organizations and local housing authorities can help evaluate whether a claimed exception legitimately applies to a given 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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References Out

Rules and statutes cited by this regulation

21 U.S.C. § 802
Not yet ingested

References In

Rules and statutes that cite this regulation

Cazenovia Code § 86-3
Cazenovia Code § 86-6
Cazenovia Code § 86-6
Cazenovia Code § 86-3
Cazenovia Code § 86-3

Related Rules

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Definitions
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Functions, powers and duties of commission
§ 4
Unlawful practices

Source Information

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