Fulton, N.Y., Code of Ordinances ch. 324 § 324-8
Sale or rental by religious organizations and private clubs
Operative Text
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 or occupancy of such lodgings to its members or from giving preference to its members.
Section 324-8 of Fulton, N.Y., Code of Ordinances ch. 324 carves out two narrow exemptions from the chapter's general fair-housing requirements. First, 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, handicap, familial status, or national origin. Second, private clubs that are genuinely not open to the public may limit or give preference to their own members when renting lodgings they own for non-commercial purposes. These exemptions apply only to non-commercial housing activity; they do not create a blanket license to discriminate on other protected grounds.
Plain English — not legal advice.
Property owners or managers affiliated with a religious organization or a private club should understand that § 324-8 provides a limited exemption from Fulton's fair-housing rules only when the housing is owned and operated for non-commercial purposes. A compliant religious-organization operator ensures that any membership or preference policy does not restrict participation based on race, color, sex, handicap, familial status, or national origin. Private clubs relying on this exemption under § 324-8 typically maintain clear documentation demonstrating that the club is genuinely non-public and that lodgings are provided as an incidental, non-commercial function of the club's primary purpose.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 324-8 of Fulton's Code of Ordinances ch. 324, tenants should be aware that the exemptions for religious organizations and private clubs are narrow and conditional — they do not permit discrimination based on race, color, sex, handicap, familial status, or national origin under any circumstances. If a tenant believes a housing provider is improperly invoking this exemption to justify discriminatory treatment, that tenant may have grounds to raise a violation under the broader protections of ch. 324. General enforcement paths can include filing a complaint with a local or state fair-housing agency, contacting a tenant-rights organization, or consulting with a housing attorney familiar with New York fair-housing law.
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.
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