Niskayuna, N.Y., Code of Ordinances ch. 140 (eCode360 ed. 2026) § 140-6
Exceptions
Operative Text
A. Sales/Rentals by owners. (1) Nothing in § 140-3 (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 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; and 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 sale 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 § 140-3 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; 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 of any interest therein; or (c) He is the owner of any dwelling designed or intended for occupancy, 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, national origin, handicap or familial status, nor shall anything in this chapter prohibit a private club not in fact open to the public which, as an incident to its primary 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. C. Applicability. (1) Nothing in this chapter limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling, nor does any provision in this chapter regarding familial status apply with respect to housing for older persons. (2) As used in this Subsection C , "housing for older persons" means housing: (a) Provided under any state or federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); (b) Intended for, and solely occupied by, persons 62 years of age or older; or (c) Intended and operated for occupancy by at least one person 55 years of age or older per unit. (3) Housing shall not fail to meet the requirements for housing for older persons by reason of: (a) Persons residing in such housing as of the date of enactment of this chapter who do not meet the age requirements of Subsection C(2)(b) or (c) , provided that new occupants of such housing meet the age requirements of Subsection C(2)(b) or (c) ; or (b) Unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of Subsection C(2)(b) or (c) . (4) Nothing in this chapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802 ). (5) Nothing in this chapter requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
Section 140-6 of Niskayuna's Code of Ordinances carves out specific situations where the fair-housing prohibitions in § 140-3 do not apply. Key exemptions include small-scale private sales or rentals of single-family homes (subject to strict limits on the number of properties owned and the method of marketing), owner-occupied buildings with four or fewer units, religious organizations limiting occupancy to members of their faith (unless that faith restricts membership by protected class), and housing designated for older persons under defined age criteria. The section also clarifies that local, state, and federal occupancy limits remain enforceable, and that housing need not be made available to individuals who pose a direct threat to others or would cause substantial property damage.
Plain English — not legal advice.
Property owners in Niskayuna who believe they may qualify for an exemption under § 140-6 generally take care to verify that all conditions of the exemption are met before relying on it. For example, a private individual claiming the single-family-home exemption under § 140-6(A)(1) typically confirms they own no more than three such homes, conduct the transaction without a licensed broker or agent, and avoid any advertisement that would violate § 140-3. Operators of owner-occupied buildings with four or fewer units, or housing for older persons, similarly document that their property and practices satisfy each element of the applicable exemption, since failing any one condition can remove the protection the exemption provides.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Niskayuna who believe a landlord has improperly invoked an exemption under § 140-6 to justify discriminatory treatment have several general avenues to explore. Because § 140-6 sets precise conditions—such as limits on the number of properties an owner holds, restrictions on using brokers, and specific age-qualification rules for senior housing—a landlord who does not meet every condition may not lawfully rely on the exemption. Tenants can look into filing a complaint with a local or state fair-housing agency, raising the inapplicability of the exemption as a defense in any related proceeding, or reaching out to a tenant-rights or fair-housing organization for general information about how § 140-6 has been interpreted.
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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