Nichols, N.Y., Code of Ordinances ch. 106 (eCode360 ed. 2026) § 106-6
Exceptions
Operative Text
A. Sales or rentals by owners. (1) Nothing in § 106-4 (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 any one 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 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 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 without the use in any manner of the sale or rental facilities or the sale or rental services of any real estate broker, agent, or salesman, or of such facilities or services 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 § 106-3 of this chapter; but nothing in the provision 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 (b) 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. (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 as principal 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 designed or intended for occupancy by, or occupied by, five or more families. B. Sales or 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 106-6 of the Nichols Code of Ordinances carves out specific exceptions to the fair-housing requirements in § 106-4. Individual owners of up to three single-family homes may sell or rent those properties outside the chapter's general rules, as long as no real estate broker or agent is used and no discriminatory advertising is published. Similarly, owner-occupied buildings with four or fewer units, religious organizations selling or renting to members of their faith (unless that faith restricts membership by protected class), and private clubs providing lodging to their own members are also exempt from the chapter's broader requirements.
Plain English — not legal advice.
Under § 106-6, property owners who believe they qualify for an exemption—such as owning three or fewer single-family homes and conducting transactions without a broker—should carefully review each condition the provision sets out, including limits on how many exempt sales can occur within a twenty-four-month period. Operators of small owner-occupied buildings of four units or fewer may also fall under the exemption in § 106-6(A)(1)(b), provided the owner genuinely resides in one of the units. Compliant operators typically document their ownership portfolio size, residency status, and transaction history to demonstrate that all conditions of the exemption are continuously met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 106-6 defines narrow circumstances under which a landlord or seller is not bound by the fair-housing protections of § 106-4, so tenants who believe they have experienced discrimination should first assess whether the property and transaction actually meet every condition of the exemption. For example, if a broker or agent was involved in a transaction the owner claims is exempt under § 106-6, that involvement may defeat the exemption entirely. Tenants can raise questions about whether an exemption was properly applied by consulting a local tenant-rights organization or a fair-housing agency, and may have grounds to assert a violation as a defense or basis for a complaint.
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
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