New Berlin, N.Y., Code of Ordinances ch. 80 (eCode360 ed. 2026) § 80-6
Exemptions
Operative Text
A. Sales/rentals by owner. Nothing in § 80-3 (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 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 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 the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 80-3 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. (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 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 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 lodging 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 80-6 of New Berlin, N.Y., Code of Ordinances ch. 80 carves out specific situations where the fair-housing requirements of § 80-3 do not apply. Individual owners of up to three single-family homes may sell or rent those properties without triggering the chapter's anti-discrimination rules, so long as they do not use a real estate broker or post discriminatory advertising. Additionally, owner-occupied buildings with four or fewer units, religious organizations selling or renting to members of their faith, and private clubs providing lodging to their own members are similarly exempt from the chapter's general requirements.
Plain English — not legal advice.
Property owners and managers should understand that § 80-6 sets precise conditions that must all be met before an exemption from ch. 80's requirements applies. For example, a private individual claiming the single-family home exemption under § 80-6(A)(1) must confirm they own no more than three such homes, avoid using any broker or agent, and refrain from posting discriminatory notices. Operators of small owner-occupied buildings with four or fewer units may also qualify under § 80-6(A)(2), but only if the owner genuinely resides in one of the units as their primary residence.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who believe a landlord has improperly claimed an exemption under § 80-6 to avoid the fair-housing obligations of ch. 80 have several general avenues to explore. Because the exemptions in § 80-6 contain strict conditions—such as limits on the number of properties owned and prohibitions on using brokers—a landlord who does not actually meet those conditions may still be bound by the chapter's full requirements. Tenants in this situation may consider contacting a local tenant-rights organization, a fair-housing agency, or consulting with an attorney familiar with New York fair-housing law to understand what options may be available.
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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