Dryden, N.Y., Code of Ordinances ch. 140 (eCode360 ed. 2026) § 140-5
Exemptions
Operative Text
A. Sales/rentals by owners. Nothing in § 140-2 (other than Subsection C) shall apply to: (1) 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/her 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 chapter only if such house is sold or rented A) 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 dwelling, or of any employee or agent of any such broker, agent, salesman, or person, and B) without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of § 140-2 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; or (2) 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/her residence. (3) For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings if: (a) He/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; or (b) He/she has, within the preceding 12 months, participated as agent, other than in the sale of his/her 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/she 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 140-5 of Dryden, N.Y., Code of Ordinances ch. 140 carves out specific categories of housing transactions from the fair-housing obligations set out in § 140-2. The exemptions cover certain small-scale private owners selling or renting single-family homes without professional real estate assistance, owner-occupied buildings with four or fewer units, and dwellings sold or rented by religious organizations or private clubs for non-commercial purposes to their own members. Each exemption comes with detailed conditions—such as limits on how many properties an owner holds, whether a broker is used, and whether the religion restricts membership by race, color, sex, or national origin—that must all be satisfied for the exemption to apply.
Plain English — not legal advice.
Property owners in Dryden who believe they may qualify for an exemption under § 140-5 generally take care to verify that every condition of the applicable exemption is met before treating a transaction as exempt from ch. 140. For the single-family-home exemption, compliant operators typically confirm they hold no more than three such homes at once, conduct the transaction without using a licensed broker or agent, and avoid any advertising that would violate § 140-2. Owners of small multifamily buildings who rely on the owner-occupancy exemption under § 140-5(A)(2) generally ensure they actually reside in one of the units and that the building contains no more than four independent living quarters.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and prospective renters in Dryden should be aware that § 140-5 limits—but does not eliminate—the fair-housing protections found in ch. 140; a landlord claiming an exemption must satisfy all of the provision's specific conditions. If a renter believes a landlord is improperly invoking an exemption—for example, by using a real estate broker while claiming the single-family-home exception, or by restricting occupancy based on a religion that itself discriminates by race, color, sex, or national origin—that concern can be raised as a potential violation of ch. 140. Tenant-rights organizations and local or state fair-housing agencies can help individuals understand whether a claimed exemption under § 140-5 is valid in a given context.
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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