Is Source of Income Discrimination Banned in New York?

Renters in New York often face challenges when searching for a home, especially if their income is from sources like Section 8 vouchers, Social Security, or child support. Understanding your rights is crucial—especially regarding source of income discrimination. This guide explains whether discrimination based on your source of income is banned in New York, what it means for renters, and the steps you can take if you believe your rights are violated.

What Is Source of Income Discrimination?

Source of income discrimination happens when a landlord or real estate agent refuses to rent or renew a lease, or applies unfair terms, because of where your income comes from, even if you can pay the rent. Common legal income sources include:

• Housing Choice Vouchers (Section 8)
• Social Security or Supplemental Security Income (SSI)
• Public Assistance or Temporary Assistance
• Unemployment Insurance
• Child support or alimony

Landlords may not discriminate against prospective or current tenants based on any legal income source in covered housing.

Is Source of Income Discrimination Banned in New York?

Yes. As of 2019, the New York State Human Rights Law prohibits discrimination against tenants and applicants based on lawful source of income statewide^[1]. This applies to most rental housing, including buildings with six or more units across New York and all rentals in New York City, Westchester, Nassau, and Suffolk Counties, regardless of building size.

Who Is Protected?

If you pay your rent with any lawful income—not just wages—you are covered. This includes government assistance, vouchers, benefits, and more.

Examples of Prohibited Discrimination

• A landlord says "We don't accept Section 8 vouchers."
• A real estate agent ignores your application after learning you receive disability benefits.
• A landlord refuses to process your lease because part of your rent is paid with child support.

Any of these actions could be unlawful if based on your income source.

What Housing Is Covered in New York?

The Human Rights Law generally applies to all rental housing with exceptions for certain owner-occupied dwellings with two units or less. In New York City, protection from source of income discrimination applies to nearly all rental situations. For more details, you can visit the NYS Division of Human Rights Fair Housing page.

How to Take Action If You Experience Source of Income Discrimination

If you believe a landlord or agent discriminated against you based on your source of income, you can file a complaint. Here are your main options:

• File with the New York State Division of Human Rights (DHR): The DHR investigates discrimination under the Human Rights Law statewide.
• File with the New York City Commission on Human Rights if your rental is in NYC.

Both agencies provide forms and online complaint portals. Free assistance is available if you need help preparing your complaint.

Official Complaint Forms and Where to File

• NYS DHR: Complaint Form (SDHR – Housing Discrimination Form). Use this form if you are anywhere in New York State:
  • When to use: File if you have evidence of source of income discrimination from a landlord, broker, or other housing provider.
  • How to use: Download the NYS DHR Housing Discrimination Complaint Form, fill it out with all details, and submit online or by mail.
• NYC Commission on Human Rights: File a Complaint: If your incident occurred in NYC, you can file online using CCHR's portal or by phone.

What Happens After Filing?

Both agencies will investigate your claim and may conduct interviews, request documents, and seek to resolve the complaint. Remedies can include requiring the landlord to offer the apartment, ceasing discriminatory practices, or awarding monetary damages.

Relevant Tribunal or Board

In New York, the main body handling housing discrimination complaints is the New York State Division of Human Rights (DHR). If you need information about your rights as a tenant or need to apply for dispute resolution about a rental issue, the New York City Housing Court also handles broader tenant-landlord matters.

Summary: Source of Income Protections at a Glance

• Landlords cannot refuse you because you use housing vouchers, benefits, or public assistance to pay rent.
• Protections apply statewide under New York State Human Rights Law and locally under NYC Human Rights Law.
• You can file complaints directly online or by mail with government agencies at no cost to you.

FAQ: Source of Income Discrimination in New York

1. Can my landlord refuse me because I use a Section 8 voucher?
   No. In New York, it is illegal for landlords to refuse applicants or tenants simply because they use Section 8 or other housing vouchers.
2. What should I do if an agent says "No subsidies" when I inquire about an apartment?
   You can collect evidence and immediately file a complaint with the NYS Division of Human Rights or the NYC Commission on Human Rights, depending on the location.
3. Does source of income protection apply to all rentals in New York?
   The law covers most housing, except some owner-occupied buildings with two or fewer units. In NYC and some counties, it includes all rentals.
4. Are there any fees to file a complaint for discrimination?
   No. Filing a discrimination complaint with NYS DHR or CCHR is free for renters.
5. How long do I have to file a complaint about source of income discrimination?
   You generally have one year from the incident to file with the NYS Division of Human Rights, but acting sooner is best.

Conclusion: Key Takeaways

• Source of income discrimination is banned statewide in New York.
• Renters using lawful income, including vouchers and benefits, are protected.
• Complaints can be filed quickly and easily with state and city agencies at no cost.

If you face challenges renting because of your income source, you have strong legal rights and helpful agencies ready to support you.

Need Help? Resources for Renters in New York

• New York State Division of Human Rights: File a Housing Discrimination Complaint
• NYS Fair Housing Resources
• NYC Commission on Human Rights: File a Complaint
• NYC Housing Court – For court proceedings and general tenant-landlord issues
• Call the NYS DHR Infoline at 1-888-392-3644 for direct assistance in English or Spanish

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1. New York State Human Rights Law (Executive Law Article 15)
2. NYC Human Rights Law: Source of Income Protections

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