Cohoes, N.Y., Code of Ordinances ch. 148 § 148-9
Exemptions
Operative Text
A. Sales and rentals by owners. (1) Nothing in § 148-6 (other than Subsection C therein) 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 one time, provided further that the sale or rental of any such single-family house shall be excepted from the application of this article only if such house is sold or rented: [1] Without the use in any manner of the sales or rental facilities or the sales 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 dwelling or any employee or agent of any such broker, agent, salesman or person; and [2] Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 148-6 of this article, 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 3 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 2 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 article shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conduction 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 person, unless membership in such religion is restricted on account of race, color, sex, handicap, familial status or nations origin. Nothing in this article 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 148-9 of the Cohoes Code of Ordinances carves out specific situations where the fair-housing and anti-discrimination requirements of § 148-6 do not apply. These exemptions cover certain small-scale private sales or rentals of single-family homes, owner-occupied buildings with four or fewer units, and housing controlled by religious organizations or private clubs operating for non-commercial purposes. The exemptions are conditional and narrow — for instance, a private seller cannot use a real estate broker or publish discriminatory advertising and still claim the exemption, and religious-preference exemptions cannot be based on race, color, sex, handicap, familial status, or national origin.
Plain English — not legal advice.
Property owners and managers in Cohoes should understand that § 148-9 exemptions are tightly bounded and do not provide a blanket release from fair-housing obligations. An owner who qualifies — such as one who personally occupies a unit in a building with four or fewer total units — generally avoids using real estate professionals or advertising in any way that would otherwise violate § 148-6 in order to preserve that exemption. Operators of larger properties, or those who have participated in three or more sale/rental transactions in the past 12 months, are typically considered to be 'in the business' under § 148-9(A)(2) and would not qualify for the individual-owner exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Cohoes who believe a landlord has improperly claimed an exemption under § 148-9 to avoid fair-housing obligations have several general paths available to them. Because the exemptions in § 148-9 are conditional — requiring, for example, that no broker be used and no discriminatory advertisement be published — a landlord who fails to meet all conditions may not lawfully rely on the exemption. Tenants can explore filing a complaint with a local or state fair-housing agency, raising the inapplicability of the exemption as a defense in a housing proceeding, or consulting a tenant-rights organization familiar with Cohoes ordinances for guidance on next steps.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation