Can a church-run apartment complex refuse to rent to someone who isn't part of their faith?

The situation

I am currently looking for a new place to live in Florida because my current lease is ending on the last day of next month. While searching online, I found a small apartment complex that is actually owned and managed by a local religious organization. The website for the complex clearly states that they are a faith-based community and that they prioritize housing for members of their specific church. When I called their office yesterday to ask about a two-bedroom unit that costs $1,500 a month, the manager told me that they primarily rent to people who belong to their congregation and might not accept an application from someone outside their religion. I have always been a respectful person and I am not looking to cause any trouble, but I am worried about my rights as a renter. I already tried calling a different apartment nearby, but they didn't have anything available for my move-in date. I need to know if it is actually legal for a religious group to own housing and then decide who gets to live there based on their religious beliefs, or if that is considered unfair discrimination against people like me who follow a different path?

Detailed Analysis

Under the Fair Housing Act, it is generally illegal to refuse to rent a home to someone because of their religion^[2]. However, there is a specific exception 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 religious organization owns the apartment complex and runs it for a non-commercial purpose—meaning they aren't running it primarily as a business to make a profit—they are allowed to give preference to members of their own faith^[1].

In your specific situation, the manager told you they prioritize their congregation and might not accept your application because you are outside their religion. Whether this is legal depends on the nature of their operation. If this complex is run as a non-profit or a community service for their members rather than a standard commercial business, they are likely permitted to do this. However, if they are operating the complex as a standard commercial business to generate profit, they may not be able to use this religious exemption to discriminate against you based on your faith^[1].

One important limit is that even if they are exempt, they cannot use religion as a way to discriminate based on race, color, or national origin^[1].

Statutory Citations

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