Ogdensburg, N.Y., Code of Ordinances ch. 117 § 117-9
Sales and rentals by owners
Operative Text
A. Nothing in § 117-6 (other than Subsection C) shall apply to: (1) Any single-family house sold or rented by an owner, provided that: (a) Such private individual owner does not own more than three such single-family houses at any one time. (b) In the case of the sale of any single-family 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. (c) 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 any one time. (d) The sale or rental of any such single-family house shall be excepted from the application of this Part 1 only if such house is sold or rented: [1] 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 dwelling or of any employee or agent of any such broker, agent, salesman or person; and [2] Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 117-6 of this Part 1 , 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. 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; (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 any 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 117-9 of Ogdensburg's Code of Ordinances ch. 117 carves out exemptions from the fair-housing-style prohibitions in § 117-6 for certain small-scale, private transactions. Specifically, a private individual who owns no more than three single-family homes may sell or rent one of them without triggering § 117-6's requirements, but only if the transaction is conducted without a real estate broker or discriminatory advertising. A similar exemption applies to owner-occupied buildings with four or fewer units, where the owner lives in one of the units. These exemptions are narrow and come with specific conditions around ownership limits, frequency of sales, and how the transaction is conducted.
Plain English — not legal advice.
Property owners in Ogdensburg who believe they qualify for the § 117-9 exemption generally ensure they meet every listed condition simultaneously — including the three-house ownership cap, the once-per-24-months limit on non-resident sales, the prohibition on using a real estate broker or agent, and the ban on posting discriminatory advertisements under § 117-6. Owner-occupants of small multi-family buildings (four units or fewer) who live in one of the units may also qualify for the separate exemption described in § 117-9(A)(2). Operators who fall outside these narrow parameters — for example, those who own five or more units or who regularly participate in three or more transactions per year — are generally considered to be 'in the business' under § 117-9(B) and would not qualify for the exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 117-9 defines the limited circumstances under which a private landlord or seller in Ogdensburg is exempt from the anti-discrimination provisions of § 117-6, meaning most rental situations — particularly those involving brokers, larger buildings, or owners with more than three single-family homes — remain fully covered by those protections. If a tenant believes a landlord is improperly claiming the § 117-9 exemption to avoid fair-housing obligations, that concern can be raised with a local housing authority or a tenant-rights organization familiar with Ogdensburg's ordinances. Tenants may also explore whether a violation of § 117-6 can be raised as a defense or basis for a complaint, and consulting a legal aid organization is one way to understand available options.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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Rules and statutes that cite this regulation