Spencer, N.Y., Code of Ordinances ch. 69 (eCode360 ed. 2026) § 69-8
Exemptions
Operative Text
A. Sales/rentals by owners. (1) Nothing in § 69-5 (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 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 without the use in any manner of the sale 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 employee or agent of any such broker, agent, salesman or person and without the publication, posting or mailing, after notice, or any advertisement or written notice in violation of § 69-5 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; (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 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 of occupancy of such lodgings to its members or from giving preference to its members.
Section 69-8 of Spencer, N.Y., Code of Ordinances ch. 69 carves out specific categories of housing transactions from the fair-housing requirements of § 69-5. These exemptions cover small-scale private owners of single-family homes (subject to strict numerical and procedural limits), owner-occupied buildings with four or fewer units, and housing sold or rented by qualifying religious organizations or private clubs for non-commercial purposes. The exemptions are narrowly defined, and several conditions — such as limits on how many properties an owner holds, whether a broker is used, and whether religious membership criteria involve protected characteristics — determine whether a particular transaction actually qualifies.
Plain English — not legal advice.
Property owners and managers operating in Spencer should understand that § 69-8 does not create a blanket escape from the chapter's fair-housing rules — each exemption comes with specific qualifying conditions. A private individual owner claiming the single-family exemption, for example, generally avoids using real estate brokers or agents and stays within the three-property ownership cap; using professional services such as attorneys or title companies does not disqualify the exemption. Operators of owner-occupied buildings with four or fewer units, or housing affiliated with religious organizations, similarly must confirm they meet every element of the applicable § 69-8 exemption before treating a transaction as outside the chapter's reach.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Spencer who believe a landlord has improperly invoked an exemption under § 69-8 to avoid the protections of ch. 69 have grounds to question whether the claimed exemption actually applies. For instance, if a landlord used a real estate broker, owns more than three single-family homes, or does not actually reside in an owner-occupied building, the exemption conditions of § 69-8 may not be satisfied and the fair-housing protections of § 69-5 could still apply. Tenants can explore their options by contacting a local tenant-rights organization, a fair-housing agency, or consulting with an attorney familiar with Spencer's housing ordinances.
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.
Effective Timeline
References In
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