Fair Housing Testing & Enforcement in New York

Fair housing protections are essential for renters across New York, ensuring everyone has an equal opportunity to secure and maintain housing, free from discrimination. Whether you’re dealing with a potential case of bias or need to understand your rights, knowing how fair housing testing and enforcement works can make a real difference. This guide will help you navigate New York’s protections and the agencies that enforce them.

What is Fair Housing Testing?

Fair housing testing is a process used by both government agencies and advocacy groups to check whether landlords, property managers, or real estate professionals are following fair housing laws. This often involves trained testers—posing as renters—who gather evidence of discrimination based on protected characteristics.

• Testing uncovers patterns of illegal discrimination, even if there are no formal complaints.
• Results may trigger investigations by enforcement agencies or lawsuits to protect tenants.

Who Enforces Fair Housing Laws in New York?

Several agencies monitor and enforce fair housing rights for New York renters. The key players include:

• New York State Division of Human Rights (NYSDHR) ― Statewide enforcement of housing discrimination complaints.
• U.S. Department of Housing and Urban Development (HUD), Office of Fair Housing and Equal Opportunity ― Handles federal Fair Housing Act violations.
• New York City Commission on Human Rights ― Investigates local fair housing issues in NYC.
• Regional non-profits such as Fair Housing Justice Center (FHJC) also conduct testing and assist with enforcement actions.

The main tribunal handling housing disputes in New York is the New York City Housing Court (for NYC) and other local courts statewide.

Your Rights Under the Law

As a renter in New York, you are protected by both state and federal law:

• New York State Real Property Law – Covers tenant protections and housing rights.
• New York State Human Rights Law – Prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, familial status, age, sexual orientation, gender identity, and more.
• Federal Fair Housing Act – Provides nationwide protections against housing discrimination.

Landlords cannot refuse to rent, set different terms, harass, or otherwise treat you unfairly because of these protected characteristics.

How to File a Discrimination Complaint in New York

If you believe you have experienced housing discrimination, you can take action by filing an official complaint. Here’s how:

• New York State Division of Human Rights (NYSDHR) Form:
  • Form Name: Housing Discrimination Complaint Form
  • When/How Used: Submit this form if you feel you have been discriminated against in renting, leasing, or applying for housing. Example: If a landlord refuses to rent to you because of your family size, you can use this form to start an investigation.
  • Access the NYSDHR Housing Complaint Form
• HUD’s Housing Discrimination Complaint (Form 903):
  • Form Name: Form HUD-903 Online Housing Discrimination Complaint
  • When/How Used: Complete this form to report discrimination under the federal Fair Housing Act. Example: If an apartment complex won’t show you available units due to your nationality, this form supports a federal investigation.
  • Download Form HUD-903 (PDF)
• NYC Commission on Human Rights Discrimination Complaint:
  • Form Name: Discrimination Complaint Form
  • When/How Used: NYC renters can use this to file local complaints of discrimination. For example, if you were denied an apartment in Manhattan due to your disability, submit this form for a city investigation.
  • NYC Discrimination Complaint Instructions

After you file a complaint, these agencies will investigate your claim and may conduct additional testing, mediation, or refer cases to court or administrative hearings.

If you believe your rights have been violated, don’t wait—reporting discrimination promptly can help ensure a fair outcome for you and others.

How Fair Housing Testing Agencies Work

Testing agencies, such as the Fair Housing Justice Center or NYSDHR, use controlled methods to detect discrimination:

• They send trained testers of varying backgrounds to inquire about available housing.
• Comparisons are made to see if landlords treat people differently.
• Reports from testers are used to support investigations or legal action.

If you think bias or unfair screening practices are occurring, you can contact these agencies for assistance or participate as a tester.

What Happens After You File?

An agency will:

• Review your complaint for jurisdiction
• Investigate using interviews, testing evidence, or site visits
• Attempt conciliation or mediation
• Schedule a hearing before an administrative law judge if needed

This process is designed to be accessible, and renters can usually participate without an attorney, though you have the right to seek legal aid.

FAQ: Fair Housing Testing & Enforcement in New York

1. What are examples of illegal housing discrimination in New York? Landlords refusing to rent due to race, national origin, disability, gender identity, or family status, or setting different rental terms for protected groups, are all forms of illegal discrimination under New York law.
2. Is there a deadline to file a fair housing complaint? Yes. For the NYSDHR, you must generally file your housing complaint within one year of the alleged discrimination. HUD allows up to one year as well.
3. Can I get help completing the complaint form? Absolutely. Both NYSDHR and HUD have staff who will assist you by phone or in person with the process. Many local organizations can assist as well.
4. Will my landlord know if I participated in a fair housing test? Testing is typically confidential and is used to uncover illegal practices. If it leads to an investigation, the focus is on the facts and evidence gathered.
5. What if I experience retaliation after complaining? New York law prohibits landlords from retaliating against you for filing a fair housing complaint. You have legal protections to remain in your home and continue your tenancy.

Conclusion: What Renters Should Remember

Understanding fair housing protections and how to access enforcement gives New York renters the confidence to stand up for their rights. Key takeaways:

• Strong state and federal laws guard against housing discrimination.
• You can file complaints directly with state or federal agencies using official forms.
• Enforcement is accessible even without legal expertise—help is available if you need it.

Need Help? Resources for Renters

• New York State Division of Human Rights – Contact Page
• HUD Fair Housing and Equal Opportunity
• NYC Commission on Human Rights (NYC Residents)
• Fair Housing Justice Center (For education, testing, and support)
• New York City Housing Court (for tenancy legal proceedings)

---

1. New York State Human Rights Law – Executive Law Article 15
2. New York State Real Property Law
3. Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)
4. NYSDHR Housing Discrimination Complaint Form
5. HUD Form 903 – Housing Discrimination Complaint
6. NYC Commission on Human Rights Complaint

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations