Johnstown, N.Y., Code of Ordinances ch. 150 § 150-7
Exceptions
Operative Text
A. Sales/rentals by owners. Nothing in § 150-4 (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 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 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 § 150-4 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, 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 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 150-7 of Johnstown, N.Y., Code of Ordinances ch. 150 carves out specific situations where the fair-housing requirements of § 150-4 do not apply. Individual private owners of no more than three single-family homes may sell or rent those properties without triggering the chapter's main prohibitions, so long as they conduct the transaction without a broker or discriminatory advertising. Additionally, owner-occupants of small dwellings with four or fewer units, religious organizations renting to members of their faith, and private clubs providing lodging to their own members are similarly exempted from the chapter's general requirements.
Plain English — not legal advice.
Property owners in Johnstown who believe they qualify for an exemption under § 150-7 generally ensure they meet every condition of the applicable exception before relying on it — for instance, confirming they hold no more than three single-family homes, conducting any sale or rental without a broker, and avoiding any advertisement that would otherwise violate § 150-4. Owner-occupants of small multi-family buildings (four units or fewer) similarly document that they actually reside in one of the units. Operators affiliated with religious organizations or private clubs typically verify that their membership criteria do not restrict participation based on race, color, sex, handicap, familial status, or national origin before invoking the § 150-7(B) exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Johnstown should be aware that § 150-7 limits — but does not eliminate — the protections of ch. 150, meaning a landlord's claim of exemption must satisfy specific, narrow conditions. If a landlord appears to be invoking an exception improperly — for example, by using a real estate broker while claiming the single-family-home exemption, or by owning more than three such homes — that conduct may still fall within the chapter's coverage. Tenants who believe an exemption is being misapplied can consult a local tenant-rights organization or a fair-housing agency to understand what avenues, such as filing a complaint or raising a violation as a defense, may be available to them.
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.
Effective Timeline
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Rules and statutes that cite this regulation