Waterford, N.Y., Code of Ordinances ch. 81 (eCode360 ed. 2026) § 81-6
Exceptions
Operative Text
A. Sales/rentals by owners. Nothing in § 81-3 (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 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, handicap, 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 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 81-6 of Waterford, N.Y., Code of Ordinances ch. 81 carves out specific exceptions to the chapter's general fair-housing requirements. Religious organizations and affiliated nonprofits that own or operate dwellings for non-commercial purposes may give preference to members of their own religion, provided that membership in that religion is not itself restricted based on race, color, sex, handicap, familial status, or national origin. Similarly, private clubs that are not open to the general public may limit or give preference in the rental of their own non-commercially operated lodgings to their own members.
Plain English — not legal advice.
Operators who believe they may qualify under the § 81-6 exceptions—such as a religiously affiliated housing provider or a private membership club—generally document that their property is held and operated for non-commercial purposes and that any membership criteria do not exclude people on the basis of race, color, sex, handicap, familial status, or national origin. Compliant operators in these categories maintain clear records showing the organizational nature of the entity and the basis for any preference or limitation applied. Because the exceptions in § 81-6 are narrowly defined, operators typically review whether all conditions of the exception are continuously met rather than assuming a one-time determination is sufficient.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you believe a housing provider has improperly claimed an exception under § 81-6 to deny you housing, you may have grounds to challenge whether the provider truly qualifies—for example, whether the organization is genuinely non-commercial or whether its membership criteria unlawfully exclude people based on race, color, sex, handicap, familial status, or national origin. Tenants and applicants can explore filing a complaint with a local or state fair-housing authority, or reaching out to a tenant-rights organization familiar with Waterford, N.Y., Code of Ordinances ch. 81 for general information about available options. Consulting a housing attorney or legal aid organization can help clarify whether a claimed § 81-6 exception appears to meet the ordinance's requirements.
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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