Illegal Rental Ad Language in New York: What Renters Should Know

Looking for an apartment in New York? Understanding what landlords and property managers can—and cannot—say in rental ads is crucial. New York’s fair housing laws protect renters from discrimination, and illegal advertising language is a red flag. This article explains which words are off-limits in rental listings, why, and what you can do if you spot a discriminatory ad.

What Makes Rental Ad Language Illegal in New York?

In New York State, both federal and state laws protect renters from discrimination in housing. This means landlords cannot use language in rental ads that shows favoritism or bias based on certain protected characteristics. The purpose is to ensure everyone has an equal opportunity to find safe, affordable housing.

Protected Characteristics Under the Law

Federal and New York State law make it illegal to discriminate in housing ads based on:

  • Race or color
  • National origin
  • Religion
  • Sex (including gender identity and sexual orientation)
  • Disability
  • Familial status (having children under 18)
  • Age
  • Marital status
  • Lawful source of income (like Section 8 vouchers)
  • Military status

This information comes from the New York State Division of Human Rights and the U.S. Department of Housing and Urban Development (HUD).[1][2]

Examples of Illegal Language in Rental Ads

Rental advertisements in New York may not use certain words or phrases that directly or indirectly limit who can apply. Here are common examples of unacceptable wording:

  • “No children” or “Adults only”
  • “Perfect for singles” or “Ideal for couples” (if it discourages families)
  • “No Section 8” or “No vouchers”
  • “Christian home” or “Kosher only”
  • “English only”
  • “No immigrants” or “U.S. citizens only”
  • “Female only” or “Male only” (unless for shared living where gender is a legitimate consideration, like roommates)
  • “No disabled” or “Must be able-bodied”

Sometimes, even subtle phrasing—like “quiet building, great for seniors” or “walking distance to churches”—can be a problem if it steers certain groups away.

What Landlords Can Say in Rental Ads

Landlords can describe the property itself (number of bedrooms, amenities, non-smoking policies, pet rules) but cannot mention or imply a preference or restriction related to protected characteristics.

Ad

Relevant Forms and How Renters Can Respond

If you see an illegal or discriminatory housing ad in New York, you have the right to file a complaint.

Key Complaint Forms

  • New York State Division of Human Rights Housing Discrimination Complaint Form (Form DHR-H)
    Access and download the official DHR complaint form here.
    Example: If you notice an online ad saying "No Section 8 accepted," you can use this form to report potential discrimination.
  • U.S. Department of Housing and Urban Development (HUD) Fair Housing Discrimination Complaint Form
    File a federal fair housing complaint online here.
    Example: If the ad discriminates based on race or disability, you can also use this federal option.

Complaints can often be submitted online or by mail. You don’t need to be the potential renter impacted to make a report.

Tip: Take screenshots or save a copy of the rental ad before filing your complaint. Evidence is important.

What Happens After You File a Complaint?

Once you submit your form, the New York State Division of Human Rights (DHR) or HUD will review your complaint, may investigate, and contact you for more details. If they find discrimination occurred, they can order the landlord to remove the offending ad, impose fines, or require other remedies.

Your Rights Under the Law

New York State reinforces federal protections under the New York State Human Rights Law and the New York Real Property Law.[3][4] These laws are enforced by the Division of Human Rights (DHR), which is the main body handling discrimination complaints about residential tenancies in New York State.

FAQ: Common Questions About Rental Ads and Discrimination in New York

  1. What should I do if I see a rental ad that says “No Section 8”?
    You can file a discrimination complaint with the New York State Division of Human Rights online or by using Form DHR-H. Document the ad with screenshots for your records.
  2. Can a landlord advertise “adults only” apartments?
    No, ads that exclude families with children are illegal under New York fair housing laws.
  3. Are roommate ads allowed to specify gender?
    Sometimes. If you are looking for a roommate in your personal living space, specifying gender may be allowed. However, landlords cannot use gender as a restriction in ads for whole apartment rentals.
  4. If I file a complaint, will my information be confidential?
    Your complaint is generally confidential, but your identity may be disclosed to the investigation parties for fairness and due process.
  5. Where can I find official information about tenant protections?
    Visit the New York State Homes and Community Renewal and New York State Division of Human Rights websites for official guidance and forms.

Conclusion: Key Takeaways for Renters

  • Rental ads in New York cannot exclude or dissuade people based on race, family status, disability, source of income, or other protected traits.
  • If you spot illegal language in a rental ad, you have the right to file a complaint and support fair housing for all.
  • Use official channels, like the DHR or HUD, and gather documentation to strengthen your case.

Staying informed empowers you and helps maintain a fair housing market in New York.

Need Help? Resources for Renters


  1. New York State Division of Human Rights: Fair Housing & Anti-Discrimination
  2. U.S. HUD: Prohibited Housing Discrimination Practices
  3. New York State Human Rights Law (Executive Law Article 15)
  4. New York Real Property Law
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.