Troy, N.Y., Code of Ordinances ch. 46 § 46-3
Exemption
Operative Text
For the purpose of this chapter, and as authorized by New York Real Property Law § 213 , Subdivision 2(a), the City Council hereby provides that any unit on or within a housing accommodation shall be exempt from the provisions of this chapter if it has a monthly rent greater than 345% of fair market rent as calculated in accordance with the provisions of Real Property Law § 213 , Subdivision 2(a).
Under Troy, N.Y., Code of Ordinances ch. 46 § 46-3, a rental unit is automatically excluded from the city's rent regulation chapter if its monthly rent exceeds 345% of the applicable fair market rent, calculated according to the method set out in New York Real Property Law § 213, Subdivision 2(a). This exemption is authorized by state law and applies on a unit-by-unit basis within any housing accommodation. Units that fall below that threshold remain subject to the chapter's full requirements.
Plain English — not legal advice.
Property owners and managers should be aware that under ch. 46 § 46-3, a unit charging more than 345% of the relevant fair market rent figure—computed under Real Property Law § 213, Subdivision 2(a)—falls outside the scope of Troy's rent regulation chapter. Operators who believe a unit qualifies for this exemption generally document the current rent and the applicable fair market rent calculation to support that determination. Because fair market rent figures can change, compliant operators typically revisit the calculation whenever rents are adjusted or new HUD figures are published.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Troy, N.Y., Code of Ordinances ch. 46 § 46-3, a unit is only exempt from the city's rent protections if its monthly rent genuinely exceeds 345% of the fair market rent as calculated under state law—units below that threshold retain the chapter's protections. Tenants who believe their unit has been incorrectly classified as exempt may wish to review the fair market rent figures published by HUD and compare them against the 345% threshold described in the provision. Tenant-rights organizations familiar with Troy's ordinance and New York Real Property Law § 213 can help explain what options may be available for challenging an improper exemption claim.
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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