Owego, N.Y., Code of Ordinances ch. 55 (eCode360 ed. 2026) § 55-7
Exceptions
Operative Text
A. Exemption: sales/rentals by owners. (1) Nothing in § 55-4 , 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 any one time; provided, further, that in 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 by 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 any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented a) without the use in any manner of the sale or rental facilities or the sales of rental services or any real estate broker, agent, or salesman, or of such facilities or services of any employee or agent of any such broker, agent, salesman, or person and b) without the publication, posting, or mailing, after notice, or any advertisement or written notice in violation of § 55-4 of this chapter, but nothing in the 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; 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 interests therein; or (c) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. B. Exemption: 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 because 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 55-7 of Owego's Code of Ordinances carves out specific situations where the fair-housing requirements of § 55-4 do not apply. Individual owners of up to three single-family homes may sell or rent those properties without triggering the chapter's main prohibitions, so long as they do not use a real estate broker or publish discriminatory advertising, and certain residency and frequency conditions are met. Small owner-occupied buildings with no more than four units are similarly exempt. Religious organizations and private clubs that provide lodging for non-commercial purposes may also restrict or give preference in occupancy to members of their religion or club, unless that membership itself is restricted on the basis of a protected characteristic.
Plain English — not legal advice.
Under § 55-7, property owners who believe they qualify for one of these exemptions—such as owning three or fewer single-family homes or living in a four-or-fewer-unit building—should understand that the exemption is conditional and narrow. Compliant operators in this category still avoid publishing or posting any advertisement that would violate § 55-4, and they do not use a broker or agent to facilitate the transaction. Owners who have participated in three or more sale or rental transactions in the preceding 12 months, or who own a building designed for five or more families, are generally considered to be 'in the business' under § 55-7 and would not qualify for the individual-owner exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 55-7 defines the limited circumstances under which a landlord or seller is not bound by the anti-discrimination provisions of § 55-4, so tenants who believe they have experienced discriminatory treatment should consider whether the property and owner actually meet all of the exemption's conditions. If the owner used a real estate broker, posted advertising, owns more than three single-family homes, or qualifies as being 'in the business' of renting under § 55-7(A)(2), the exemption may not apply and the full protections of the chapter could still be in effect. Tenants can explore their options by contacting a local tenant-rights organization or a fair-housing agency to assess whether the exemption was properly claimed.
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.
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