Somerville Code of Ordinances ch. 7, art. III § 7-45
Exemptions
Operative Text
Notwithstanding anything herein contained, the following shall not be violations of this article: (1) Nothing contained in this article shall be construed to extend the application of this article, or other existing laws, to cover housing accommodations or units presently exempted under federal and state law; it is the intention of this article to apply to only those housing accommodations or units presently covered by applicable federal and state laws; (2) 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; (3) For the owner of a housing facility devoted entirely to the housing of individuals of one sex, to restrict occupancy and use on the basis of sex; (4) The operation or establishment of housing facilities designed for the exclusive use of the handicapped or the establishment of programs designed to meet the needs or circumstances of handicapped persons; (5) The operation or establishment of state-aided or federally-aided housing developments for the elderly or self-contained retirement communities constructed expressly for use by the elderly which are at least 20 acres in size and have a minimum age requirement for residency of at least 55 years. (Code 1963, § 17-5)
Somerville Code of Ordinances ch. 7, art. III § 7-45 carves out several categories of housing from the anti-discrimination rules in this article. These exemptions cover housing already exempt under federal or state law, religious organizations restricting housing tied to religious activities to members of their denomination, single-sex housing facilities, housing designed exclusively for people with disabilities, and state- or federally-aided elderly housing communities of at least 20 acres with a minimum residency age of 55. The provision makes clear that the article's reach is limited to housing already covered by applicable federal and state law, and that these specific categories fall outside its scope.
Plain English — not legal advice.
Property owners and managers operating in one of the categories described in Somerville Code of Ordinances ch. 7, art. III § 7-45 — such as a single-sex facility, a religious housing program tied directly to religious activities, a disability-exclusive community, or a qualifying elderly housing development — generally document how their property meets the specific criteria of the applicable exemption. Operators of elderly communities, for example, typically maintain records confirming the development's acreage and minimum-age requirements to demonstrate compliance with the exemption's conditions. Landlords whose properties do not clearly fall within one of these enumerated categories generally treat the full anti-discrimination requirements of the article as applicable.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Somerville Code of Ordinances ch. 7, art. III § 7-45, tenants should be aware that certain housing types are explicitly excluded from the article's protections, meaning a landlord operating within a recognized exemption may lawfully restrict occupancy in ways that would otherwise be prohibited. If a tenant believes a landlord is improperly claiming an exemption — for instance, asserting a religious or single-sex exemption without meeting the provision's actual criteria — that concern can generally be raised as a defense in a housing proceeding, brought to a local fair housing agency, or explored with a tenant-rights organization. Understanding which exemptions apply, and whether a specific property genuinely qualifies, is an important first step in assessing whether the article's protections extend to a given housing situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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