Fort Plain, N.Y., Code of Ordinances ch. 96 (eCode360 ed. 2026) § 96-7
Exceptions
Operative Text
A. Sales/rentals by owners. Nothing in § 96-4 (other than Subsection C) shall apply to: (1) Any single-family house sold or rented by an owner, provided: (a) That such private individual owner does not own more than three such single-family houses at any one time. (b) 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. (c) 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. (d) 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: [1] 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 a dwelling or of any employee or agent of any such broker, agent, salesman or person. [2] Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 96-4 of this chapter, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as may be necessary to perfect or transfer the title. (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 residence. 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; 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 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, handicap, familial status 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 lodging 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 96-7 of Fort Plain's Code of Ordinances carves out specific exemptions from the fair-housing-style requirements of § 96-4. Private individual owners of no more than three single-family homes may sell or rent those properties without triggering the chapter's main prohibitions, provided they do so without using a real estate broker or publishing discriminatory advertisements. Additionally, owner-occupants of small multi-family dwellings (four units or fewer) and religious or nonprofit organizations operating non-commercial housing are granted their own distinct exemptions under this section.
Plain English — not legal advice.
Landlords and property owners in Fort Plain should be aware that § 96-7 sets precise conditions for claiming an exemption from the anti-discrimination requirements of § 96-4. A compliant owner relying on the single-family exemption generally limits their portfolio to no more than three such homes, avoids using brokers or agents in the transaction, and refrains from posting any advertisement that would otherwise violate § 96-4. Owner-occupants of buildings with four or fewer units, and religious organizations operating non-commercial housing, operate under separate exemption tracks that carry their own qualifying conditions outlined in § 96-7.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Fort Plain should understand that § 96-7 limits the reach of the fair-housing protections in § 96-4 for certain private owners, small owner-occupied buildings, and religious organizations. If a landlord claims an exemption under § 96-7, tenants can examine whether that landlord actually meets all of the stated conditions—such as the three-home ownership cap, the prohibition on broker use, or the owner-occupancy requirement—since failing any condition means the exemption does not apply. Tenants who believe a landlord is improperly claiming an exemption may consider consulting a tenant-rights organization or local legal aid office for guidance on 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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation