Newburgh, N.Y., Code of Ordinances ch. 38 § 38-4
Unlawful discriminatory practices
Operative Text
Except as otherwise provided below: A. It shall be an unlawful discriminatory practice to: (1) Refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex or national origin. (2) Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services for facilities in connection therewith because of race, color, religion, sex or national origin. (3) Make, print or publish or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex or national origin or an intention to make any such preference, limitation or discrimination. (4) Represent to any person, because of race, color, religion, sex or national origin, that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (5) For profit, induce or attempt to induce any person to sell or rent any dwelling representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex or national origin. B. Nothing in this section shall apply to: (1) 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 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: (a) Without the use in any manner of the sale or rental facilities or the sales or rental services 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 (b) Without publication, posting or mailing, after notice, of any advertisement or written notice in violation of Subsection A(3) of this section. (2) A religious organization, association or society or any nonprofit organization, or controllee of, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to promote the religious premise for which it was established and operated, unless membership is restricted on account of race, color or national origin. (3) 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 or occupancy of such lodgings to its members or from giving preference to its members. C. All such unlawful discriminatory practices contained in the Human Rights Law of the State of New York, as amended, §§ 296 through 301, pertaining to fair housing are hereby restated by the City of Newburgh as the provisions of this chapter. All such procedures as delineated within §§ 296 through 301 pertaining to fair housing are hereby supplemented by the provisions set forth in § 38-7 of this chapter.
Newburgh, N.Y., Code of Ordinances ch. 38 § 38-4 prohibits housing discrimination based on race, color, religion, sex, or national origin across a wide range of activities — including refusing to sell or rent, setting unequal terms, publishing discriminatory advertisements, misrepresenting availability, and using blockbusting tactics for profit. The ordinance incorporates New York State Human Rights Law §§ 296–301 as local law and supplements those state procedures through § 38-7 of the same chapter. Limited exemptions exist for certain owner-occupied single-family homes sold without a broker or discriminatory advertising, qualifying religious organizations, and private clubs providing lodging solely to their members for non-commercial purposes.
Plain English — not legal advice.
Under § 38-4, property owners and managers in Newburgh are generally expected to apply consistent criteria when evaluating offers, setting lease terms, advertising vacancies, and communicating availability — without regard to a prospective buyer's or tenant's race, color, religion, sex, or national origin. Compliant operators typically ensure that all advertising and written notices are free of language suggesting any preference or limitation tied to those protected characteristics. Owners who believe they may qualify for the single-family home exemption should note that the exemption is narrow: it requires no broker involvement and no discriminatory advertising, and it does not apply if the owner holds more than three such homes simultaneously.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 38-4 of the Newburgh Code gives residents and prospective tenants the right to be free from discriminatory refusals, unequal terms, misleading statements about availability, and blockbusting practices based on race, color, religion, sex, or national origin. Because this ordinance restates and supplements New York State Human Rights Law §§ 296–301, individuals who believe they have experienced a violation may have avenues through both local procedures under § 38-7 and state-level complaint processes. Tenant-rights organizations and fair housing agencies can help explain the range of options available, including filing a complaint or raising a violation as a defense in a housing proceeding.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.