Hamburg Town, N.Y., Code of Ordinances ch. 109 (eCode360 ed. 2026) § 109-3
Unlawful acts
Operative Text
A. It shall be unlawful: (1) To refuse to sell or rent or refuse to negotiate for the sale or rental or to deny any dwelling to any person because of race, color, religion, sex, age, marital status, disability, national origin, source of income, sexual orientation, military status or because the person has a child or children. (2) To discriminate against any person in the terms, conditions or provision of services or facilities in connection with the sale or rental of a dwelling because of race, color, religion, sex, age, marital status, disability, national origin, source of income, sexual orientation, military status or because the person has a child or children. (3) To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry into the neighborhood of a person or persons of a particular race, color, religion, sex, age, marital status, disability, national origin, source of income, sexual orientation, military status or because the person has a child or children. (4) For a person offering residential property for sale or rent or anyone acting on behalf of such a person to print or circulate or cause to be printed or circulated any statement, advertisement or publication or to use any form of application for the sale or rental of a dwelling or to make any record or inquiry in connection with the sale or rental of a dwelling which expresses, directly or indirectly, any limitation, specification or discrimination as to race, color, religion, sex, age, marital status, disability, national origin, source of income, sexual orientation, military status or because the person has a child or children. B. For purposes of this chapter, discrimination shall include: (1) A refusal to permit, at the expense of a disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises (except that, in the case of rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted); and (2) A refusal to make reasonable accommodations in the rules, policies, practices or services when such accommodation may be necessary to afford such person equal opportunity to use and enjoy a dwelling.
Hamburg Town Code § 109-3 prohibits housing discrimination based on a broad set of protected characteristics, including race, religion, sex, age, disability, source of income, sexual orientation, military status, and family status, among others. The rule covers refusals to sell or rent, unequal terms or services, blockbusting tactics, and discriminatory advertising or application forms. It also treats as discrimination any refusal to allow a disabled person to make reasonable modifications at their own expense, or any refusal to make reasonable accommodations in rules and policies so a disabled person can equally use and enjoy a dwelling.
Plain English — not legal advice.
Under § 109-3, compliant operators in Hamburg Town apply consistent criteria to all applicants regardless of protected characteristics such as source of income, disability, or family status. Advertising, application forms, and tenant screening processes are kept free of any language or criteria that express a preference or limitation tied to those characteristics. When a tenant with a disability requests a reasonable modification or accommodation, operators generally engage in a good-faith interactive process and document their responses.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 109-3 of the Hamburg Town Code gives residents the right to be evaluated for housing on equal terms, free from discrimination based on characteristics such as race, disability, source of income, or having children. If a landlord refuses to negotiate, imposes different conditions, or declines a reasonable disability-related modification or accommodation, that conduct may constitute a violation of this provision. Tenants who believe their rights under § 109-3 have been violated can document the conduct, explore filing a complaint with a relevant fair housing agency, or reach out to a local tenant-rights organization for general guidance.
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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