Hamburg Town, N.Y., Code of Ordinances ch. 109 (eCode360 ed. 2026) § 109-5
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, 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. 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 part, for the exclusive use of one sex. C. The provisions of this chapter shall not apply to: (1) 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 his family reside in one of such housing accommodations and the rental has occurred without advertising. (2) The restriction of the rental of all rooms in a housing accommodation to individuals of the same sex. (3) The rental of 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 he or members of his family reside in such housing accommodations. (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.
Hamburg Town Code § 109-5 carves out specific situations where the anti-discrimination rules established elsewhere in Chapter 109 do not apply. These exemptions cover religious organizations that prefer members of their own faith (unless that faith itself discriminates on protected grounds), single-sex residential buildings operated by public or private institutions, small owner-occupied two-family homes rented without advertising, room rentals within an owner- or occupant-occupied dwelling, all-same-sex room rentals within a single housing accommodation, and housing communities restricted to residents aged 55 or older. The exemptions are narrowly defined, meaning the broader anti-discrimination protections of Chapter 109 remain in full effect for all situations not specifically listed here.
Plain English — not legal advice.
Operators subject to Hamburg Town Code § 109-5 should understand that these exemptions are limited and fact-specific — for example, the small-building exemption under § 109-5(C)(1) applies only when the owner or a family member lives in the building and no advertising was used. Compliant operators in exempt categories typically document the basis for their exemption clearly, such as maintaining records of owner-occupancy status or the religious affiliation criteria used. Operators who rely on an exemption that does not actually apply to their situation remain subject to the full anti-discrimination requirements of Chapter 109.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you believe a landlord or housing provider has improperly claimed an exemption under Hamburg Town Code § 109-5 to justify discriminatory treatment, the exemptions in this section are narrowly drawn and do not override Chapter 109's protections in most rental situations. Tenants may raise an improper reliance on an exemption as part of a fair housing complaint filed with a relevant local, state, or federal fair housing agency, or by consulting a tenant-rights organization familiar with New York fair housing law. Understanding which specific exemption a housing provider claims — and whether the factual conditions for that exemption are actually met — is often a central question in these matters.
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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