West Carthage, N.Y., Code of Ordinances ch. 44 (eCode360 ed. 2026) § 44-6
Exemptions
Operative Text
A. Sales/rentals by owners. (1) Nothing in § 44-3 (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, and 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 this chapter only if such house is sold or rented without the use in any manner of the sales or rental facilities or the sale or rental service of any real estate broker, agent or salesman, 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, salesman or person, and without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of § 44-3 of this chapter; but nothing in this proviso 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 owners 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 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 44-6 of West Carthage's Code of Ordinances carves out specific situations where the fair-housing requirements of § 44-3 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, but only when no real estate broker or advertising in violation of § 44-3 is used. Similarly, owner-occupied buildings with four or fewer units, religious organizations renting to members of their faith (unless that faith restricts membership by race, color, sex, or national origin), and qualifying private clubs are also exempt from the chapter's general requirements.
Plain English — not legal advice.
Under § 44-6, property owners who believe they qualify for an exemption — such as owning no more than three single-family homes or living in a small multi-unit building — should understand that the exemption comes with strict conditions, including limits on broker involvement and advertising practices. Operators who use a real estate agent, post advertisements that violate § 44-3, or own interests in more than three single-family homes at once generally cannot claim the individual-owner exemption. Compliant operators in this space typically document their ownership count, residency status, and transaction history to demonstrate that all conditions of § 44-6 are met.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 44-6 defines the boundaries of who is and is not covered by West Carthage's fair-housing ordinance, which means tenants should be aware that some landlords — such as small private owners or religious organizations — may lawfully operate outside certain protections of § 44-3. If a tenant believes a landlord is improperly claiming an exemption under § 44-6 (for example, by using a broker while asserting the individual-owner exception), that potential violation may be raised as part of a complaint or legal proceeding. Tenants seeking to understand whether an exemption applies to their housing situation may benefit from consulting a local tenant-rights organization or legal aid office familiar with West Carthage's 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.
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