Brookline, Mass., Code of Bylaws ch 5 5 § 5.5.5
Exercise of privilege: exemptions (Brookline Fair Housing By-Law)
Operative Text
Notwithstanding anything herein contained, the following specific actions shall not be violations of this by-law: A. For a religious organization or institution to restrict any of its housing accommodations which are operated as a direct part of religious activities to persons of the denomination involved; B. For the owner of a housing facility devoted entirely to the housing of individuals of one gender, to restrict occupancy and use on the basis of that gender or gender identity; C. The operation or establishment of housing facilities designed for the exclusive use of persons with disabilities and/or seniors or the establishment of programs designed to meet the needs or circumstances of persons with disabilities and/or seniors, or self-contained retirement communities of at least 20 acres in size a minimum age requirement for residency of at least 55 years; D. The operation or establishment of housing facilities owned by an educational institution and designed and used for the exclusive use of students of that particular institution.
Brookline, Mass., Code of Bylaws Ch. 5 § 5.5.5 carves out four categories of housing from the town's general anti-discrimination rules. Religious organizations may limit housing tied to their religious activities to members of their denomination; single-gender facilities may restrict occupancy by gender or gender identity; housing designed exclusively for people with disabilities, seniors, or qualifying retirement communities (at least 20 acres with a minimum age of 55) may limit residency accordingly; and educational institutions may restrict institution-owned housing to their own students. These exemptions do not override any applicable state or federal fair-housing requirements.
Plain English — not legal advice.
Under § 5.5.5, operators in one of the four exempt categories—religious, single-gender, disability/senior/retirement, or educational institution housing—generally document that their facility meets the specific criteria the provision describes before relying on an exemption. Compliant operators typically keep records showing the direct connection between the housing and the qualifying purpose, such as religious affiliation, gender-specific design, age and acreage thresholds for retirement communities, or institutional student-use designation. Because the exemptions are narrowly defined, operators commonly review whether their situation fits squarely within the language of § 5.5.5 before applying any occupancy restriction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5.5.5 of Brookline's Code of Bylaws identifies limited circumstances in which certain occupancy restrictions are not treated as violations of the town's fair-housing bylaw. If a tenant believes a landlord is invoking one of these exemptions improperly—for example, claiming a religious or educational exemption for housing that does not genuinely qualify—that concern can generally be raised with the relevant local enforcement authority or a tenant-rights organization familiar with Brookline's bylaws. Tenants may also explore whether state or federal fair-housing protections apply independently of § 5.5.5's local exemptions.
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 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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