Highland Falls, N.Y., Code of Ordinances ch. 91 (eCode360 ed. 2026) § 91-6
Exceptions
Operative Text
A. Sales/rentals by owners. Nothing in § 91-3 (other than Subsection C thereof) shall apply to: (1) Any single-family house sold or rented by the owner; provided, however, (a) That such private individual owner does not own more than three such single-family houses at any one time; and (b) 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 housing 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; and (c) 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; and (d) 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 real estate broker, agent or salesman, 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, salesman or person; and without the publication, posting or mailing, after notice, of any advertisements or written notice in violation of § 91-3 of this chapter. However, nothing in this Subsection A(1)(d) 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 residence. For the purpose of this exemption, a person shall be deemed to be in the business of selling or renting dwellings and is not covered by this exemption 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; 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, 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 91-6 of Highland Falls, N.Y., Code of Ordinances ch. 91 carves out specific exemptions from the fair-housing-style prohibitions in § 91-3. Individual owners of up to three single-family homes may sell or rent those properties without triggering the chapter's requirements, provided they do not use real estate brokers or post discriminatory advertisements; similar owner-occupant exemptions apply to small multi-family buildings of four units or fewer. Religious organizations and private clubs that own non-commercial lodgings may also restrict or give preference in sales, rentals, or occupancy to members of their religion or club, as long as membership itself is not restricted on the basis of race, color, sex, handicap, familial status, or national origin.
Plain English — not legal advice.
Under § 91-6, property owners who believe they qualify for one of these exemptions—such as owning three or fewer single-family homes and conducting a sale or rental without a broker—generally document their ownership count, residency history, and transaction frequency to demonstrate eligibility. Operators of small owner-occupied buildings of four units or fewer similarly keep records showing they actually reside on the premises. Because the exemptions in ch. 91 § 91-6 contain multiple layered conditions, compliant operators typically review each condition carefully and ensure that no discriminatory advertising is published even when relying on an exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 91-6 defines the boundaries of who is exempt from the anti-discrimination protections in § 91-3, meaning that many landlords—particularly those using brokers, owning more than three single-family homes, or owning buildings with five or more units—do not qualify for these exemptions and remain fully subject to the chapter's requirements. If a tenant believes a landlord has improperly claimed an exemption under ch. 91 § 91-6 while engaging in discriminatory conduct, that tenant may raise the inapplicability of the exemption as a defense or basis for a complaint with the appropriate local or state authority. Tenant-rights organizations and legal aid offices can help individuals understand whether a landlord's claimed exemption holds up under the specific conditions outlined in this provision.
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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