West Seneca, N.Y., Code of Ordinances ch. 71 (eCode360 ed. 2026) § 71-5
Exemptions
Operative Text
A. The prohibitions of this chapter shall not apply to a religious institution or organization limiting the sale, rental or occupancy of dwellings which it owns or operates to persons of the same religion or giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, age, marital status, handicap, national origin, source of income or the presence of children in the family. B. The prohibitions of this chapter against discrimination because of sex shall not apply to a residential building owned by a public body or by a private institution or organization and maintained, in whole or in part, for the exclusive use of one (1) sex. C. The prohibitions of this chapter against discrimination because of age shall not apply to a residential building of six (6) or more units maintained for the exclusive use of the elderly and their immediate families. For purposes of this subsection, a person shall be considered elderly who is sixty-two (62) years of age or older.
West Seneca, N.Y., Code of Ordinances ch. 71 § 71-5 carves out three narrow exemptions from the chapter's general fair-housing prohibitions. Religious organizations may restrict or prefer occupants of their own faith in dwellings they own or operate, provided that membership in the religion itself is not limited on the basis of protected characteristics such as race, color, or national origin. Buildings maintained exclusively for one sex—whether publicly or privately owned—are exempt from the sex-discrimination rules, and residential buildings of six or more units reserved exclusively for elderly persons (age 62 or older) and their immediate families are exempt from the age-discrimination rules.
Plain English — not legal advice.
Operators of housing covered by ch. 71 § 71-5 should understand that these exemptions are specific and conditional, not blanket permissions. A religious organization that owns or operates a dwelling may lawfully limit or prefer tenants of its faith only when the religion itself does not restrict membership on any protected basis listed in the provision. Owners of single-sex residential buildings or qualifying elderly-only communities (six or more units, residents 62+) who wish to rely on the corresponding exemptions under § 71-5 generally document the exclusive-use purpose of the property and apply consistent, facially neutral criteria that match the stated exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under ch. 71 § 71-5, tenants should be aware that the exemptions are narrowly drawn and do not override the chapter's broader protections in ordinary rental housing. If a landlord claims an exemption—for example, asserting a religious-preference right or an elderly-only designation—tenants can examine whether the property and the landlord's practices actually satisfy the specific conditions the provision requires. Tenants who believe an exemption is being misapplied or used as a pretext for unlawful discrimination may consider contacting a local tenant-rights organization or a fair-housing agency for information about available complaint processes.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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