Oneida, N.Y., Code of Ordinances ch. 53 § 53-4
Exceptions
Operative Text
A. Nothing in this chapter shall be construed to apply to: (1) The rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or members of his family reside in one of such housing accommodations. (2) The restriction of the rental of all rooms in a housing accommodation to individuals of the same sex. (3) The rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and he or members of his family reside in such housing accommodation. B. This section shall in no manner prevent the requirement for additional structural, emergency alarm and/or fire prevention precautions as may be required by any ordinance, nor shall it be interpreted to prevent enforcement of local building code and zoning requirements and use limitations for special residence facilities, as defined by local law. This chapter shall not be interpreted to allow for any unilateral change in occupancy or creation of special occupancy uses licensed or regulated by the state, without first obtaining all required permits and certificates of occupancy to ascertain full compliance with local laws and building codes. C. Nothing in this chapter shall require an owner to offer for sale or lease real property to the public at large, nor shall this chapter be deemed to prohibit discrimination for any reason other than race, creed, color, national origin, sex, handicap, marital status, or familial status and not otherwise prohibited by law.
Section 53-4 of Oneida's Code of Ordinances Chapter 53 carves out specific situations where the chapter's anti-discrimination rules do not apply. Owner-occupied one- and two-family homes, same-sex rooming arrangements, and owner- or occupant-occupied room rentals within a shared dwelling are all excluded from the chapter's coverage. The exceptions do not, however, override local building codes, zoning requirements, fire-safety rules, or state licensing requirements, and they do not extend the chapter's protections to characteristics beyond the listed categories of race, creed, color, national origin, sex, handicap, marital status, and familial status.
Plain English — not legal advice.
Under § 53-4, property owners who live in a one- or two-family home they rent out, or who rent rooms within their own residence, generally fall outside the chapter's anti-discrimination requirements for those specific arrangements. Compliant operators in these exempt categories still maintain full adherence to local building codes, fire-safety ordinances, and zoning rules, and they secure all required permits and certificates of occupancy before changing occupancy type or creating any state-licensed special-use facility. Owners should also be aware that § 53-4(C) does not create a blanket license to discriminate on grounds beyond those the chapter addresses — other federal, state, or local laws may independently govern those situations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 53-4 defines the boundaries of Chapter 53's protections, so tenants benefit from understanding which living arrangements fall inside or outside its coverage. If a tenant believes a landlord is improperly claiming an exception — for example, asserting owner-occupancy that does not actually exist — that concern can generally be raised with the City of Oneida or a local tenant-rights organization familiar with the ordinance. Tenants should also know that § 53-4(B) preserves all building-code and fire-safety requirements regardless of any exception, meaning those protections remain available through local code-enforcement channels even when the anti-discrimination provisions of Chapter 53 do not apply.
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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