Deposit, N.Y., Code of Ordinances ch. 77 (eCode360 ed. 2026) § 77-5
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, disability (physical or mental), 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 sex. C. The provisions of this chapter shall not apply: (1) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or members of their family reside in one of such housing accommodations; (2) To the restriction of the rental of all rooms in a housing accommodation to individuals of the same sex; (3) To the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner or members of their family reside in such housing accommodation; or (4) Solely with respect to age, to the restriction of the sale, rental or lease of housing accommodations exclusively to persons 55 years of age or older.
Section 77-5 of Deposit, N.Y., Code of Ordinances Chapter 77 carves out specific situations where the chapter's anti-discrimination rules do not apply. Religious organizations may give preference to members of their own faith when renting or selling dwellings they own, as long as that religion does not itself restrict membership based on protected characteristics such as race, sex, or disability. Additional exemptions cover small owner-occupied two-family buildings, single-sex residential buildings operated by public or private institutions, room rentals within an owner- or occupant-occupied home, and housing communities restricted to residents aged 55 or older.
Plain English — not legal advice.
Property owners and managers operating under Chapter 77 of Deposit's Code of Ordinances should be aware that Section 77-5 defines a narrow set of circumstances in which the chapter's general anti-discrimination requirements do not apply. Operators who believe they qualify for an exemption—such as owners of small two-family homes where they personally reside, or religious organizations renting to co-religionists—generally document the factual basis for that exemption carefully and apply it consistently. Because the exemptions are specifically defined and limited, compliant operators typically avoid extending any exemption beyond the precise conditions described in § 77-5.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 77-5 of Deposit's Code of Ordinances Chapter 77 lists the situations in which a housing provider may lawfully decline to rent based on characteristics that would otherwise be protected. If a tenant believes a landlord is improperly claiming one of these exemptions—for example, asserting an owner-occupancy exemption when the owner does not actually reside in the building—that tenant may have grounds to raise a violation under Chapter 77. Tenants in this situation can explore options such as filing a complaint with a relevant local or state civil rights body, consulting a tenant-rights organization, or reviewing whether the New York State Division of Housing and Community Renewal has jurisdiction over the matter.
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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