New Berlin, N.Y., Code of Ordinances ch. 80 (eCode360 ed. 2026) § 80-5
Discrimination in the provision of brokerage services
Operative Text
It shall be unlawful within the Town of New Berlin to deny any person access to membership or participation in any multiple-listing service, real estate broker's organization or other service organization or facility relating to the business of selling or renting dwellings or to discriminate against him in their terms or conditions of such access, membership or participation on account of race, color, religion, sex or national origin or in 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 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 purposes or purposes, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental of occupancy of such lodgings to its members or from giving preference to its members.
New Berlin, N.Y., Code of Ordinances ch. 80 § 80-5 makes it unlawful within the Town of New Berlin to exclude or discriminate against any person seeking access to real estate brokerage organizations, multiple-listing services, or related trade groups on the basis of race, color, religion, sex, or national origin. The provision includes two narrow exceptions: a religious organization may give preference to members of its own faith when renting dwellings it owns for non-commercial purposes, as long as that religion does not itself restrict membership by race, color, sex, or national origin; and a private club that is genuinely not open to the public may limit lodging it owns for non-commercial purposes to its own members. These exceptions are tightly bounded and do not override the general prohibition on discriminatory access to professional real estate services.
Plain English — not legal advice.
Under § 80-5 of the New Berlin Code, property owners and managers who participate in multiple-listing services, broker organizations, or similar trade groups are expected to ensure that access to those services is extended without regard to a prospective member's race, color, religion, sex, or national origin. Compliant operators familiarize themselves with the narrow religious-organization and private-club exceptions and confirm whether their operations genuinely qualify before relying on either carve-out. Maintaining clear, consistent membership and participation criteria that are applied uniformly across all applicants is a hallmark of operations that align with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 80-5 of New Berlin's Code of Ordinances gives individuals the right to be free from discriminatory exclusion or unequal treatment when seeking access to real estate brokerage organizations or multiple-listing services in the Town of New Berlin. If a person believes they have been denied membership or subjected to different terms of participation because of their race, color, religion, sex, or national origin, general enforcement paths can include filing a complaint with a fair-housing agency, raising the violation in a civil proceeding, or reaching out to a tenant-rights or fair-housing organization for information about available remedies. Consulting a tenant-rights organization or legal aid provider can help clarify which avenue may be appropriate given the circumstances.
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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