Holley, N.Y., Code of Ordinances ch. 146 (eCode360 ed. 2026) § 146-6
Sales or rentals by religious organizations
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, creed, color, religion, sexual orientation, military status, sex, age, disability, marital or 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 146-6 of Holley's Code of Ordinances creates two narrow exemptions from the village's general fair-housing rules. First, religious organizations and religiously affiliated nonprofits may restrict or give preference in the sale, rental, or occupancy of non-commercially operated dwellings to members of their own religion — but only when that religion does not itself restrict membership based on protected characteristics such as race, color, sex, age, disability, or national origin. Second, private clubs that are not open to the general public may limit lodging they own and operate for non-commercial purposes to their own members or give those members preference.
Plain English — not legal advice.
Operators who believe they qualify under § 146-6 — whether as a religious organization, a religiously affiliated nonprofit, or a private club — generally document that their housing is owned and operated for a non-commercial purpose and that any membership or religious criteria do not exclude people on the basis of protected characteristics listed in the ordinance. Maintaining clear records of the organization's religious or club affiliation, its non-commercial purpose, and its membership policies helps demonstrate eligibility for the exemption. Because the exemption is narrow and conditional, operators typically review their practices against the full text of Chapter 146 to confirm they remain within its bounds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 146-6, the exemption for religious organizations and private clubs is not unlimited — it does not apply if the religion restricts membership on the basis of race, color, sex, age, disability, marital or familial status, national origin, or other protected characteristics named in the ordinance. Tenants or applicants who believe a housing provider is improperly invoking this exemption to discriminate on a protected basis may have recourse under the broader protections of Chapter 146. General enforcement paths can include filing a complaint with a local or state fair-housing authority, contacting a tenant-rights organization, or consulting an 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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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