Chenango, N.Y., Code of Ordinances ch. 36A (eCode360 ed. 2026) § 36A-6
Exemptions
Operative Text
A. Sales/rentals by owners. (1) Nothing in § 36A-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 any 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 § 36A-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 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 or any interest therein. (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 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 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 36A-6 of Chenango's Code of Ordinances carves out specific situations where the fair-housing requirements of § 36A-3 do not apply. Owner-occupants of small residential properties—such as a person who lives in one unit of a building with up to four units, or a private individual who owns no more than three single-family homes—may be exempt from certain provisions, so long as they do not use real estate brokers or publish discriminatory advertisements. Religious organizations and private clubs that provide housing for non-commercial purposes may also limit occupancy to members of their religion or club, unless that membership itself is restricted by race, color, sex, or national origin.
Plain English — not legal advice.
Property owners and managers operating in Chenango should be aware that § 36A-6 defines narrow exemptions from the anti-discrimination requirements of § 36A-3, and those exemptions come with specific conditions. An owner-occupant of a small multi-family building (up to four units) or a private individual owning no more than three single-family homes may qualify, but only if the transaction is conducted without the use of a real estate broker, agent, or salesperson, and without any discriminatory advertising. Operators who engage brokers, post advertisements, or own interests in more than three single-family homes at one time generally fall outside these exemptions and remain subject to the full requirements of the chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Chenango should understand that § 36A-6 limits—but does not eliminate—the fair-housing protections found in § 36A-3, and the exemptions it creates are conditional. If a landlord used a real estate broker or agent, published advertisements, or owns more than three single-family homes, the exemption may not apply, meaning the full anti-discrimination provisions could still protect prospective or current tenants. Individuals who believe a landlord has improperly claimed an exemption under § 36A-6 may wish to review the specific conditions outlined in the ordinance and consider reaching out to a local tenant-rights organization or fair-housing agency for general information about available options.
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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