Rosendale, N.Y., Code of Ordinances ch. 36A (eCode360 ed. 2026) § 36A-4

Exemptions

In Force
Verified 11/9/2026 · Next check 2/7/2027
RosendaleProtected Classes (State/Local)

Operative Text

Rosendale, N.Y., Code of Ordinances ch. 36A (eCode360 ed. 2026) § 36A-4
This chapter shall not apply to: A. A religious organization, association, or society or any nonprofit institution or organization operating, supervised, or controlled by or in conjunction with a religious organization, association, or society, which limits the sale, rental, or occupancy of dwellings which it owns or operates for other than commercial purpose to persons of the same religion, or which gives preference to such persons, unless membership in such a religion is restricted on account of race, color, sex or national origin. B. 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, and which limits the rental or occupancy of such lodgings to its members or gives preference to its members. C. 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 most recent resident of such house prior to such sale, the exemption 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 served on his behalf, under any express or voluntary agreement, title to or 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; 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: (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 salesperson, 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, salesperson, or person; and (2) Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of the provisions of 42 United States Code § 3604(c) or of § 36A-3 of this chapter; but nothing in this provision shall prohibit the use of attorney, escrow agents, abstractor, title companies, and other such professional assistance as necessary to perfect or transfer the title; or D. Rooms or units in dwelling 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.
Source: Legislative text reproduced verbatim
Plain English

Rosendale, N.Y., Code of Ordinances ch. 36A § 36A-4 carves out several categories of housing from the town's fair-housing requirements. Religious organizations and private clubs may restrict occupancy to their own members under defined conditions, while individual owners of no more than three single-family homes may sell or rent without the chapter's requirements—so long as they do so without using a real estate broker or publishing discriminatory advertising. Additionally, small owner-occupied buildings with no more than four independent living units are exempt from the chapter's coverage.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers in Rosendale should be aware that ch. 36A § 36A-4 lists specific, narrow exemptions from the town's fair-housing rules, and operating outside those precise boundaries means the full chapter applies. For example, a private individual claiming the single-family home exemption must confirm they own no more than three such homes at one time, must not use a real estate broker or agent, and must not publish any advertisement that would violate § 36A-3 or 42 U.S.C. § 3604(c). Operators of small owner-occupied buildings with four or fewer units should verify that they actually reside in one of those units to qualify for the owner-occupant exemption under this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants in Rosendale should know that ch. 36A § 36A-4 limits which housing situations fall outside the town's fair-housing protections, meaning most rental housing is still covered by the chapter. If a landlord claims an exemption—such as the single-family home or owner-occupancy exemption—tenants can examine whether the landlord actually meets all of the stated conditions, such as the three-home ownership cap or the requirement that no broker was used. Tenants who believe an exemption is being improperly claimed may consider consulting a tenant-rights organization or local legal aid office to understand what remedies or complaint processes 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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Rosendale Code § 36A-3

Related Rules

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Definitions
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Unlawful practices

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