Housing discrimination happens when a landlord, property manager, broker or other housing provider treats someone unfairly based on protected characteristics. Under New York State and New York City Law, protected characteristics include race, color, national origin, sex, gender identity, disability, religion, sexual orientation, lawful source of income (like Section 8 or housing vouchers), country of origin, immigration status and more.

Source of income discrimination occurs when a landlord, real estate agent, or other housing provider refuses to accept a housing voucher or subsidy or treats a tenant less well due to the tenant’s use of a housing voucher or subsidy or otherwise treats someone differently because of their lawful source of income. This practice is illegal under New York City and New York State Law.

Lawful sources of income include housing vouchers like Section 8 and rental assistance programs like CITYFHEPS, FHEPS, SOTA, and HASA. Under the law, landlords must also accept security deposit vouchers and one-time emergency grants (“one shot deals”) that cover rent, security deposits, move-in costs or broker fees.

You may have experienced discrimination based on your source of income if a housing provider or real estate agent:

• Refuses to rent or sell to you on the basis of your source of income by saying things like “no vouchers” or “working people only”;
• Refuses to fill out necessary voucher paperwork;
• Discourages you from applying to an apartment based on your source of income;
• Requires you to “move in” right away and will not wait for the unit to get inspected or for the paperwork to be approved;
• Sets applications requirements that would be impossible to meet with a voucher, such as imposing a minimum income requirement (e.g., “You must earn 40x the rent to apply”);
• Cuts off communication, or “ghosts” you, after you mention having a housing voucher, often to avoid openly  discriminating.

You may have experienced other forms of housing discrimination if a housing provider or real estate agent:

• Asks about your immigration status or requires a social security number or card. Under the New York City Law, this constitutes perceived immigration status or national origin discrimination;
• Quotes different rent or sale prices or contract/lease terms because of your protected characteristics;
• Represents that an apartment is “no longer available” even though it remains available once learning of your protected characteristic(s);
• Limits the number of people or children that can live in an apartment. Under most (but not all) circumstances, this constitutes discrimination based on family status, marital status, partnership status or the presence of children;
• Refuses to make an accommodation based on a household member’s disability or denies your application for having an emotional support animal or service animal.

New York City laws offer some of the strongest protections in the country against housing discrimination, including source of income discrimination.  In addition, the New York State Human Rights Law prohibits source of income discrimination state-wide. The federal Fair Housing Act offers more limited protections but also prohibits discrimination based on race, color, national origin, sex, religion, familial status and disability.

Document what happened. Write everything down: dates, names, and what was said or done. Save evidence such as advertisements, listings, applications, emails, texts, witness statements and voicemails. In New York State, you can legally record phone calls or in-person conversations without the consent of the real estate agent (this is not legal in every state). To report the discrimination or to seek assistance, you can contact the following government agencies or organizations:

• NYC Commission on Human Rights, 212-416-0197, or call 311 and ask for the “NYC Commission on Human Rights”
• New York State Division of Human Rights
• Fair Housing Justice Center
• You can also report discrimination to The Legal Aid Society by calling the neighborhood office in your borough:
  • Manhattan: 212-426-3000
  • Brooklyn: 718-722-3100
  • Bronx: 718-991-4600
  • Queens: 718-286-2450
  • Staten Island: 347-422-5333

If you are filing a complaint with the NYC Commission on Human Right or the New York State Division of Human Rights, you must file your complaint within one (1) year under most circumstances. You have to file your complaint within three (3) years if you choose to sue in court. You must choose only one place to file a complaint, but can choose between court (federal court or NYS Supreme Court), the NYC Commission on Human Rights, and the New York State Division on Human Rights.

No. Filing a complaint with the NYC Commission on Human Rights or the New York State Division of Human Rights is free. You may also qualify for free legal assistance through nonprofits or legal services organizations. In court, fees may apply, but you can request a fee waiver if you are low income.

The City or State agency will investigate your claim. If the agency finds discrimination occurred, they may take a variety of corrective actions. They can order the landlords or brokers to provide you with housing or pay you damages (money). The City and State can also monitor the landlord or broker’s business, force them to change their policies or request that they provide you housing.

The New York State Division on Human Rights has created guidance that you can find here.

The NYC Commission on Human Rights has accessible FAQs for real estate agents, landlords, and tenants.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.