Adams, N.Y., Code of Ordinances ch. 118 (eCode360 ed. 2026) § 118-7
Exceptions
Operative Text
Exemptions. A. Sales/rentals by owners. (1) Nothing in § 118-4 (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 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 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 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 § 118-4 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; 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 dwelling if: (a) He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale 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/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, 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.
Adams, N.Y., Code of Ordinances ch. 118 § 118-7 carves out specific categories of housing transactions from the fair-housing requirements of § 118-4. These exemptions cover small-scale private owners selling or renting a limited number of single-family homes under defined conditions, owner-occupied buildings with four or fewer units, and dwellings owned or operated by religious organizations or private clubs for non-commercial purposes. The exemptions are conditional — they depend on factors such as how many properties the owner holds, whether a broker is used, and whether the religious or club membership criteria themselves discriminate on the basis of race, color, sex, or national origin.
Plain English — not legal advice.
Under § 118-7, property owners who believe they qualify for an exemption — such as private individuals owning no more than three single-family homes or owner-occupants of small multi-unit buildings — generally document their ownership status, avoid using real estate brokers or agents in the transaction, and refrain from publishing any advertisement that would violate § 118-4. Operators affiliated with religious organizations or private clubs typically ensure that any membership or preference criteria do not restrict participation based on race, color, sex, or national origin. Maintaining clear records of the number of properties owned and the nature of each transaction helps demonstrate that the conditions of § 118-7 are met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 118-7 defines the narrow circumstances under which a housing provider may be exempt from the anti-discrimination requirements of § 118-4, and tenants who believe a landlord is improperly claiming one of these exemptions have general avenues available to them. For example, if a landlord uses a real estate broker or advertises in a discriminatory manner while claiming the private-owner exemption, that conduct may fall outside the protection § 118-7 provides. Tenants in Adams, N.Y. who believe their rights under ch. 118 have been violated can explore filing a complaint with a relevant fair-housing agency, raising the issue as a defense in a housing proceeding, or consulting a tenant-rights or fair-housing organization for general information.
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.
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