Fair Haven, N.Y., Code of Ordinances ch. 59 (eCode360 ed. 2026) § 59-7
Exemptions
Operative Text
A. Sales/rentals by owners. Nothing in § 59-4 (other than Subsection C) shall apply to: 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 the 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, handling, 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 purposes 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.
Fair Haven, N.Y., Code of Ordinances ch. 59 § 59-7 carves out specific exemptions from the chapter's general fair-housing requirements. Under Section 59-7(B), religious organizations and nonprofits they control may give preference to members of their own religion when renting or selling dwellings they own for non-commercial purposes, provided that membership in the religion is not itself restricted based on race, color, sex, disability, familial status, or national origin. Similarly, private clubs that are not open to the public may limit or give preference to their own members when renting lodgings they own for non-commercial purposes.
Plain English — not legal advice.
Operators who are religious organizations, religion-affiliated nonprofits, or private clubs should understand that § 59-7 provides a narrow exemption from certain fair-housing obligations under this chapter, but only when the housing is owned and operated for non-commercial purposes. Compliant operators in these categories typically document the non-commercial nature of their housing and ensure that any religious membership criteria do not exclude individuals on the basis of race, color, sex, disability, familial status, or national origin. Operators who are unsure whether their situation qualifies for an exemption under § 59-7 generally consult legal counsel familiar with New York fair-housing law before applying any preference policy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants should be aware that § 59-7 of the Fair Haven Code of Ordinances limits the reach of the chapter's anti-discrimination protections in specific, narrow circumstances involving religious organizations and private clubs. If a tenant believes a landlord is improperly claiming an exemption—for example, by applying a religious preference in housing that appears to be operated for commercial purposes, or by using membership criteria that discriminate on the basis of race, color, or national origin—they may have grounds to challenge that claim under the chapter. Tenant-rights organizations and local housing agencies can help individuals understand whether a claimed § 59-7 exemption is being applied appropriately.
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
Rules and statutes that cite this regulation