Barton, N.Y., Code of Ordinances ch. 77 (eCode360 ed. 2026) § 77-6
Exceptions
Operative Text
A. Sales/rentals by owners. (1) Nothing in § 77-3 (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 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 sale 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 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 § 77-3 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; (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, 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 or occupancy of such lodgings to its members or from giving preference to its members.
Section 77-6 of Barton's Code of Ordinances carves out specific exceptions to the fair-housing requirements of § 77-3. Individual owners of up to three single-family homes may sell or rent those properties outside the chapter's general rules, as long as they do so without using real estate brokers or posting discriminatory advertisements. Small owner-occupied buildings with four or fewer units are similarly exempt, as are sales and rentals by religious organizations or private clubs acting for non-commercial purposes, provided membership in those organizations is not restricted by race, color, sex, handicap, familial status, or national origin.
Plain English — not legal advice.
Under § 77-6, 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 ensure they meet every condition the provision specifies, including avoiding the use of brokers or agents and refraining from posting discriminatory notices. Operators affiliated with religious organizations or private clubs document that their rental or occupancy preferences are tied to religious membership rather than any protected characteristic. Careful recordkeeping of ownership interests, transaction history, and residency status helps demonstrate ongoing eligibility for these narrow exceptions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 77-6 defines the limits of the exemptions from Barton's fair-housing rules, meaning the protections of § 77-3 still apply in many situations even when a landlord claims an exception. Tenants who believe an exemption has been improperly invoked—for example, because a landlord owns more than three single-family homes or used a broker—may consider contacting a local tenant-rights organization or a housing agency to explore available options. Reviewing the specific conditions listed in § 77-6 can help clarify whether a claimed exemption actually applies.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation