Fair Housing

No one may take any of the following actions in the sale and rental of housing based on race, color, national origin, religion, gender, sexual orientation, familial status, disability, or source of income:

Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
Falsely deny that housing is available for inspection, sale, or rental
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide different housing services or facilities
For profit, persuade owners to sell or rent
Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing

New Yorkers Are Protected from Housing Discrimination on the Basis of Lawful Source of Income

The New York State Human Rights Law was amended, effective April 12, 2019, to protect those who rely on any lawful source of income from discrimination in housing.

What sources of income are protected?

Lawful sources of income include, but are not limited to:

child support
alimony or spousal maintenance
foster care subsidies
social security benefits
federal, state, or local public assistance
federal, state, or local housing assistance
any other form of lawful income

Who are persons who may not discriminate?

All housing providers and real estate professionals are required not to discriminate. These include:

Owners, landlords
Managing agents or companies
Co-op boards and condominium associations
Tenants seeking to sublet
Real estate brokers and salespersons
Any employee or agent of the above

What actions are discriminatory when based on a person’s lawful source of income?

Refusal to sell, rent or lease or otherwise deny public or private housing
Providing different terms, conditions or privileges, or denying the use of facilities or services, of any public or private housing
Making any advertisement, publication, statement, inquiry, record, or using a form of application for public or private housing which expresses any intent to limit or discriminate
A real estate professional’s refusal to negotiate for sale, rental or lease

It is not unlawful to ask about income, only to discriminate based on lawful sources of income.

Housing providers may ask about income, and about the source of income, and require documentation, in order to determine a person’s ability to pay for the housing accommodation but must accept all lawful sources of income equally.

A publicly assisted housing accommodation may include eligibility criteria in statements, advertisements, publications or applications, and may make inquiry or request information to the extent necessary to determine eligibility. Such eligibility criteria must be only those required by federal or state law or programs.