Chittenango, N.Y., Code of Ordinances ch. 74 (eCode360 ed. 2026) § 74-4
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 chapter shall in no manner prevent the requirement for additional structural, emergency alarm and/or fire prevention precautions as may be required by any local ordinance or code of the Village of Chittenango, 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; nor shall such chapter be interpreted to allow for any unilateral change in occupancy or creation of special occupancy uses licensed or regulated by the State of New York, 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 or marital status and not otherwise prohibited by law.
Section 74-4 of Chittenango's Code of Ordinances Chapter 74 carves out several situations where the chapter's anti-discrimination and rental-regulation rules do not apply. Owner-occupied one- or 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 reach. At the same time, the provision makes clear that local building codes, zoning requirements, fire-safety rules, and state-licensed occupancy regulations remain fully in force regardless of these exceptions, and the chapter does not compel any owner to offer property to the general public.
Plain English — not legal advice.
Property owners and managers operating in Chittenango should be aware that § 74-4 identifies specific situations—such as owner-occupied two-family buildings or room rentals within an owner-occupied unit—where Chapter 74's requirements do not govern their rental decisions. Even where an exception applies, compliant operators continue to observe all applicable local building codes, fire-safety ordinances, and zoning rules, and they secure required permits and certificates of occupancy before changing occupancy classifications or creating special-use facilities. Operators should also note that § 74-4(C) limits the chapter's non-discrimination protections to the enumerated categories—race, creed, color, national origin, sex, handicap, and marital status—and does not override other applicable state or local law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Chittenango should understand that § 74-4 limits the scope of Chapter 74's protections, meaning certain living arrangements—such as renting a room in a home where the owner also resides—may fall outside the chapter's coverage. However, the provision explicitly preserves local building-code and fire-safety enforcement, so tenants in any exempt situation may still raise habitability or code-compliance concerns through the Village of Chittenango's local code enforcement process. Tenants who believe a landlord is improperly claiming an exception, or who face discrimination on a basis covered by state or federal law, may wish to consult a tenant-rights organization or review applicable New York State human rights statutes for additional protections beyond Chapter 74.
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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