Rensselaer, N.Y., Code of Ordinances ch. 95 § 95-6
Exceptions
Operative Text
A. Sales/Rentals by owners. (1) Nothing in § 95-3 (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 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 any such single-family house shall be excepted from the application of the chapter only if such house is sold or rented without the use in any manner of the sales or rental services of any real estate broker, agent, or sales person, or of such facilities or services of any person in the business of selling or renting dwellings, or of any person for whom it is the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson, or person, and without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of § 95-3 of this chapter; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, 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 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 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, handicap, familial status, or national origin; nor shall anything in the 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 of occupancy of such lodgings to its members or from giving preference to its members.
Section 95-6 of Rensselaer's Code of Ordinances carves out specific situations where the fair-housing requirements of § 95-3 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, but only if they do so without using a real estate broker, agent, or advertising that itself violates § 95-3. Similarly, owner-occupied buildings with four or fewer units, religious organizations selling or renting to members of their faith (unless that faith restricts membership by protected class), and qualifying private clubs are also exempt from the chapter's general requirements.
Plain English — not legal advice.
Property owners in Rensselaer who believe they may qualify for an exemption under § 95-6 should carefully review each condition attached to that exemption before relying on it. For example, the single-family-home exemption under § 95-6(A)(1) is voided the moment a broker, agent, or paid rental service is used, or if any advertisement is published in violation of § 95-3. Operators of owner-occupied buildings with four or fewer units, religious-organization housing, or private-club lodgings each face their own distinct set of qualifying criteria that must be continuously satisfied to maintain exempt status.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and prospective renters in Rensselaer should be aware that § 95-6 creates narrow, conditional exceptions to the fair-housing protections in § 95-3—not blanket carve-outs. If a landlord claims an exemption but used a real estate broker, posted advertising, or owns more than three single-family homes, the exemption may not legally apply, and the full protections of § 95-3 could still be in force. Individuals who believe a landlord has improperly invoked an exemption under § 95-6 may wish to consult a tenant-rights organization or legal aid office to understand available complaint and enforcement paths.
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.
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Rules and statutes that cite this regulation