# Can a church-run apartment building only rent to people of their same faith?

- Jurisdiction: United States
- Practice area: Tenancy Law
- Published: 2026-10-30
- Last updated: 2026-10-30
- Canonical: https://lawasked.com/us/tenancy-law/can-church-run-apartment-building-only-rent-people

## Question

I am currently looking for a place to live in Florida and I have run into a bit of a dilemma. My local community church operates a small apartment complex consisting of six separate units located just two blocks from the main sanctuary. I have been a member of this congregation for over five years and I really love the area. However, when I spoke to the church administrator last Tuesday, she told me that while they are happy to have me apply, the housing is strictly reserved for members of our specific denomination. She mentioned that because the building is owned by the church and used for non-commercial housing for their community, they have a policy of only renting to people who share our specific religious beliefs. I am worried about whether this is actually allowed under housing laws. I already checked with a local housing advocate, but they told me I should look into specific exemptions for religious groups. I want to know if a religious organization is legally permitted to limit their rental properties to people of the same religion, or if that counts as illegal discrimination against people of other faiths?

## Summary

Yes, the church is likely allowed to limit renting to members of their specific denomination. Under federal law, religious organizations can favor people of their own faith when operating housing for non-commercial purposes.

## Analysis

Based on the facts you provided, the church's policy appears to be legally protected. The Fair Housing Act generally prohibits discrimination, but it contains specific exceptions for religious groups.

The law states that "Nothing in this subchapter shall prohibit a religious organization... or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, 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" [1]. This means that if the church owns the six-unit apartment complex and uses it for non-commercial purposes—meaning it is not run primarily as a business to make a profit—they are allowed to give preference to people of their own denomination [1].

However, there is a major limit to this right. The church cannot use religion as a way to discriminate based on race, color, or national origin [1]. As long as their policy is strictly about religious denomination and not a cover for racial discrimination, the exemption applies. Additionally, religious organizations and entities controlled by religious organizations are specifically exempted from certain provisions of the Civil Rights Act and the Americans with Disabilities Act [2].

It is important to note that if the church were running this complex as a standard commercial business (for example, if they were renting to the general public and using the income for general church funds rather than community housing), the rules might change. But based on the administrator's statement that this is non-commercial housing for their community, they fall under the religious exemption.

## Statutory citations

- Fair Housing Act, 42 U.S.C. § 3607 - Religious organization or private club exemption [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3607)
  > Nothing in this subchapter shall prohibit a religious organization... 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... unless membership in such religion is restricted on account of race, color, or national origin.
- Civil Rights Act & Americans with Disabilities Act, 42 U.S.C. § 12187 - Exemptions for private clubs and religious organizations [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12187)
  > The provisions of this subchapter shall not apply to... religious organizations or entities controlled by religious organizations, including places of worship.

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