Fonda, N.Y., Code of Ordinances ch. 49 (eCode360 ed. 2026) § 49-6
Exceptions
Operative Text
A. Sales/rentals by owners. (1) Nothing in § 49-3 (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 a time, provided further, that in case of the sale of any such single-family house by a private individual owner not residing in such house at the time of 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 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, 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, mailing, after notice, of any advertisement or written notice in violation of § 49-3 of this chapter; but nothing in this provision shall prohibit the use of attorney, escrow agents, abstractors, title companies and other such professional assistance as may be necessary to perfect or transfer title; or (b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by not 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 in three or more transactions involving the sale or rental of any dwelling or any interest therein; or (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; or (c) He is the owner of any dwelling designated or intended for occupancy by, or occupied by, five or more families. B. Sales/rental 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 the sale, rental or occupancy of a dwelling 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, creed, color, national original, sexual orientation, military status, sex, disability, marital 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 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 49-6 of Fonda, N.Y., Code of Ordinances ch. 49 carves out specific situations where the fair housing requirements of § 49-3 do not apply. Private individual owners of no more than three single-family homes may be exempt from those requirements under defined conditions, including limits on how often they can sell without residing in the home and a prohibition on using real estate brokers or discriminatory advertising. Additionally, owner-occupied buildings with four or fewer units, religious organizations selling or renting to members of their faith (unless membership itself is restricted by protected class), and private clubs providing lodging to their own members are also exempt from the chapter's general requirements.
Plain English — not legal advice.
Under § 49-6, property owners in Fonda who believe they qualify for an exemption — such as owning three or fewer single-family homes and conducting a sale or rental without a broker or discriminatory advertising — should carefully review each condition of the exception before relying on it. Compliant operators who invoke the owner-occupant exemption for small multi-family buildings (four units or fewer) generally ensure they actually reside in one of the units. Religious organizations and private clubs that rely on their respective exemptions under § 49-6(B) typically confirm that any membership or preference criteria do not exclude people based on race, color, national origin, or other protected characteristics listed in the provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 49-6 defines the narrow circumstances under which a housing provider in Fonda may be exempt from the anti-discrimination rules of ch. 49 § 49-3. If a landlord or seller claims an exemption — for example, arguing they qualify as a small private owner — tenants and prospective buyers can examine whether all conditions of § 49-6 are actually met, such as whether a broker was used or whether discriminatory advertising was published. Those who believe an exemption is being improperly claimed may consider raising the issue as a defense in a housing proceeding, filing a complaint with a relevant local or state agency, or reaching out to a tenant-rights organization for general information about their 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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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