Fulton, N.Y., Code of Ordinances ch. 324 § 324-3
Word usage; definitions
Operative Text
A. General. For the purpose of this chapter, certain words or phrases herein shall be interpreted as follows, except where the context clearly indicates the contrary. Words used in the singular include the plural, words used in the present tense include the future tense, the word "person" includes a corporation as well as an individual, and the word "shall" is always mandatory. B. Specific words or phrases. For the purpose of this chapter, certain terms or words herein shall be interpreted as follows: DISCRIMINATORY HOUSING PRACTICE An act that is unlawful under §§ 324-4 through 324-6 . DWELLING Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. FAMILY (1) Purpose. It is the purpose of this chapter to define the definition of "family" in order to promote the legitimate preservation of the character of single-family areas, without violating the United State Due Process Clause and the New York State Due Process Clause by not excluding a group which is, in every but biological sense, a single family or a household which poses no threat to the good of preserving the character of the traditional single-family neighborhood. (2) The definition of "family" shall be: (a) Those related by blood, marriage or adoption, likely to be found in a unitary family; or (b) Not more than four unrelated individuals living in a stable non-transient household group; or (c) Not more than four unrelated individuals living in a stable transient household group. (3) It shall be a rebuttable presumption that a group of five or more persons living in a single dwelling unit is not a "family" under this code. Such persons shall be allowed to produce evidence that they constitute the definition of "functionally equivalent traditional family." (4) Factors in determining a group as a functionally equivalent traditional family shall be: (a) The group shares the entire dwelling unit; and (b) The group lives and cooks together as a single housekeeping unit; and (c) The group shares expenses for food, rent, utilities and other household expenses; and (d) The group is previously established as permanent and stable; and (e) Each member of the group has equal access to all living areas within the single dwelling unit. (5) A community residence family-care home or group home established pursuant to the New York State Mental Hygiene Law or governed by the Fair Housing Act shall be deemed a functionally equivalent traditional family for the purpose of this definition. PERSON Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries. TO RENT Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
Section 324-3 of Fulton, N.Y., Code of Ordinances Chapter 324 establishes the foundational definitions that govern how the rest of the chapter is interpreted. Key terms such as "dwelling," "family," "person," and "to rent" are given specific meanings that may differ from everyday usage. Notably, the definition of "family" extends beyond biological or legal relationships to include small groups of unrelated individuals living together in a stable household, and even allows groups of five or more to demonstrate they function as a traditional family equivalent through specific criteria.
Plain English — not legal advice.
Under § 324-3, property owners and managers in Fulton, N.Y., should be aware that the definitions in this section shape how fair housing obligations throughout Chapter 324 are applied. The broad definition of "family" — which can include up to four unrelated individuals or a qualifying group home under New York State Mental Hygiene Law or the Fair Housing Act — means that compliant operators generally evaluate occupancy and rental decisions against these defined categories rather than relying solely on conventional notions of family. The expansive definition of "to rent" in § 324-3 also covers leases, subleases, and other arrangements granting occupancy rights, so operators typically apply the chapter's requirements across all such arrangements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 324-3 of Fulton's housing code defines who qualifies as a "family" and what counts as a "dwelling" or a rental arrangement for purposes of the fair housing protections in Chapter 324. Tenants who live in non-traditional household arrangements — such as small groups of unrelated individuals or residents of qualifying group homes — may find that § 324-3's definitions afford them protections under the chapter. Those who believe their household has been improperly excluded or treated differently based on its composition can explore options such as raising the definitions in § 324-3 as relevant context in a complaint, consulting a local tenant-rights organization, or contacting a fair housing agency for general information.
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.
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