Sand Lake, N.Y., Code of Ordinances ch. 115 (eCode360 ed. 2026) § 115-8
Exemptions
Operative Text
A. Sales/rentals by owners. Nothing in § 115-5 (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 or 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 house shall be excepted from the application of this chapter only if such single-family 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 salesperson 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, salesperson or person and without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 115-5 of this chapter; but nothing in this 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. (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 or her residence. B. For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings if: (1) He or 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; (2) He or she has, within the preceding 12 months, participated as agent, other than in the sale of his or 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 (3) He or she is the owner of any dwelling designed or intended for occupancy by or occupied by five or more families. C. 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 115-8 of Sand Lake, N.Y., Code of Ordinances ch. 115 carves out specific categories of housing transactions from the fair-housing obligations set out in § 115-5. The exemptions cover small-scale private owners selling or renting single-family homes under defined conditions, owner-occupied buildings with four or fewer units, and sales or rentals by religious organizations or private clubs operating for non-commercial purposes. These exemptions are narrowly defined and come with conditions—such as limits on how many properties an owner holds, whether a broker is used, and whether advertising violates § 115-5—that must all be met for the exemption to apply.
Plain English — not legal advice.
Property owners and managers in Sand Lake should understand that § 115-8 exemptions are conditional, not automatic. A private individual owner of up to three single-family homes may qualify for an exemption only if the transaction is conducted without a real estate broker or agent and without any advertising that would violate § 115-5; professional assistance such as attorneys or title companies is still permitted. Operators of small owner-occupied buildings of four units or fewer may also qualify, but owners who meet the statutory definition of being "in the business" of selling or renting dwellings—such as participating in three or more transactions as a principal within 12 months—lose access to these exemptions under § 115-8(B).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and prospective renters in Sand Lake should be aware that § 115-8 limits, but does not eliminate, fair-housing protections under ch. 115. Even where an owner claims an exemption, the conditions of § 115-8 must be fully satisfied—for example, the owner cannot use a broker or post advertising that violates § 115-5 and still claim the single-family exemption. Those who believe an exemption has been improperly claimed may consider consulting a tenant-rights organization, reviewing the full conditions of § 115-8 with a housing attorney, or filing a complaint with the appropriate local or state authority.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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