Fulton, N.Y., Code of Ordinances ch. 324 § 324-7
Exemptions
Operative Text
A. Sales/rentals by owners. Nothing in § 324-4 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 housing 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 or 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 or mailing, after notice, of any advertisement or written notice in violation of § 324-4 of this chapter; but nothing in this provision 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. (c) He is the owner of any dwelling designed or intended for occupancy by or occupied by five or more families.
Section 324-7 of Fulton, N.Y., Code of Ordinances ch. 324 carves out specific exemptions from the fair-housing requirements of § 324-4 for certain small-scale, owner-operated transactions. A private individual who owns no more than three single-family homes may sell or rent those homes without triggering most of § 324-4's requirements, so long as the transaction is conducted without a real estate broker or discriminatory advertising. Similarly, an owner who actually lives in a building of four or fewer units is exempt from those same requirements for the other units in that building. These exemptions are narrow and conditional — they do not apply if the owner crosses defined thresholds of property ownership or business activity.
Plain English — not legal advice.
Property owners in Fulton who believe they qualify under § 324-7's exemptions should understand that the exemptions are tied to strict conditions: owning no more than three single-family homes at once, conducting transactions without a licensed broker or prohibited advertising, and — for the owner-occupant exemption — actually residing in the multi-unit building. Operators who have participated in three or more sale or rental transactions as a principal within the past 12 months, or who own a building designed for five or more families, are generally considered to be 'in the business' and lose access to these exemptions. Compliant small-scale owners typically document their ownership portfolio and transaction history to demonstrate they remain within the limits § 324-7 establishes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Fulton should be aware that § 324-7 does not eliminate all protections — it only exempts qualifying owners from certain subsections of § 324-4, and those exemptions come with conditions that the owner must actually meet. If a landlord claims an exemption but appears to own more than three single-family homes, uses a real estate broker, or posts discriminatory advertising, the exemption may not apply and the broader protections of ch. 324 could still be in force. Tenants who believe an exemption is being improperly claimed can consult a local tenant-rights organization or a fair-housing agency to explore available complaint and enforcement paths.
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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