Lenox, N.Y., Code of Ordinances ch. 68 (eCode360 ed. 2026) § 68-4
Exemptions
Operative Text
A. Sales/rentals by owners. Nothing in § 68-5 , 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 not residing in such house at the time of 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 or 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 dwellings or of any employee or agent of any such broker, agent, salesman or person, and without publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 68-5 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; or (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 the such living quarters as his 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 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 (2) 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 interest therein; or (3) He is the owner of any dwelling designed or intended for occupancy by or occupied by five or more families.
Section 68-4 of Lenox, N.Y., Code of Ordinances ch. 68 carves out two main categories of housing transactions that are not subject to the fair-housing obligations in § 68-5: sales or rentals of single-family homes by small private owners (subject to specific limits on how many homes they own and how they conduct the transaction), and owner-occupied buildings with no more than four units. These exemptions are narrow — they disappear if the owner uses a real estate broker or agent, publishes discriminatory advertising, or otherwise falls into the definition of someone 'in the business' of selling or renting dwellings. The provision also defines when a person crosses the threshold into being treated as a professional in the housing market, which eliminates eligibility for the exemption.
Plain English — not legal advice.
Property owners in Lenox who believe they may qualify for an exemption under § 68-4 generally confirm that they meet every condition simultaneously — including the cap on single-family homes owned, the restriction on using brokers or agents, and the prohibition on posting discriminatory advertisements. Owners of buildings with five or more units, or those who have participated in three or more sale or rental transactions as a principal within the past 12 months, are treated as being 'in the business' under § 68-4(B) and cannot claim the exemption. Compliant operators who do qualify for the exemption still rely only on attorneys, escrow agents, title companies, and similar professionals — not real estate brokers or agents — to complete their transactions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 68-4, the exemptions from Lenox's fair-housing rules are limited in scope, and tenants or prospective buyers who believe a landlord or seller has improperly claimed an exemption may have grounds to raise that claim. For example, if a seller or landlord used a real estate broker, owned more than three single-family homes, or otherwise met the definition of being 'in the business' under § 68-4(B), the exemption would not apply and the full protections of § 68-5 would remain in force. Tenants and prospective renters can explore their options by contacting a local tenant-rights organization or a fair-housing agency to understand whether a claimed exemption was valid in their situation.
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
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Rules and statutes that cite this regulation