LGBTQ+ Renters' Fair Housing Rights in New York

If you are an LGBTQ+ renter in New York, you have strong protections against discrimination under state and federal law. These laws make it illegal for landlords to treat you unfairly or deny you housing because of your sexual orientation, gender identity, or gender expression. Knowing your rights is the first step to feeling safe and secure where you live.

Understanding LGBTQ+ Housing Protections in New York

Both federal and New York State laws prohibit discrimination in housing based on LGBTQ+ status, ensuring fair and equal access for all renters. These protections apply whether you are searching for a new apartment, renewing a lease, or dealing with issues like maintenance, rent increases, or eviction.

What Laws Protect LGBTQ+ Renters?

• Federal Fair Housing Act – Under recent interpretations, this law prohibits discrimination in housing based on sex, which now includes sexual orientation and gender identity. See HUD's LGBTQ+ guidance.
• New York State Human Rights Law (NYSHRL) – This law specifically makes it illegal for landlords to discriminate based on sexual orientation, gender identity, or gender expression. Learn more about NYSHRL.
• Gender Expression Non-Discrimination Act (GENDA) – This adds gender identity and expression as protected classes in New York housing law.

Together, these laws cover most rental housing, including apartments, condos, and some single-family homes.

Examples of Prohibited Discrimination

• Refusing to rent or renew a lease because of your sexual orientation or gender identity
• Charging different rent or security deposits because of your LGBTQ+ status
• Imposing different house rules or using harassing language
• Retaliating against you for filing a complaint

What To Do If You Experience LGBTQ+ Housing Discrimination

If you believe a landlord or property manager has treated you unfairly because you are LGBTQ+ in New York, you have the right to file a complaint and seek a remedy.

How to File a Housing Discrimination Complaint in New York

1. Document What Happened: Keep written notes, texts, emails, and any evidence related to the incident.
2. File a Complaint with the New York State Division of Human Rights (DHR): The DHR is the official state agency that investigates housing discrimination (file a complaint online).
3. Alternatively, File a Complaint with HUD: The U.S. Department of Housing and Urban Development also accepts complaints under the federal Fair Housing Act (learn about HUD's process).

After your complaint is filed, the agency will investigate. If discrimination is found, you could be eligible for remedies such as being offered housing, damages, or policy changes.

Official Forms and How To Use Them

• New York State Human Rights Complaint Form (Form PDF):
  Use this form to file a housing discrimination complaint with DHR. For example, if a landlord denies you an apartment after learning your partner is the same sex, you can complete and submit this form to start an investigation. Submission can be made online, by mail, or in person. Find instructions and the official form on the DHR website.
• HUD Housing Discrimination Complaint Form (Form 903):
  Submit this federal form if you wish HUD to review your case. Example: A landlord refuses your application after seeing your gender marker. File online or by mail; read official instructions at HUD's complaint portal.

Your Rights During Tenancy

LGBTQ+ renters in New York have the same rights as all other tenants. No landlord can:

• Deny you necessary repairs or maintenance due to your LGBTQ+ status
• Evict you as retaliation after you assert your protected rights
• Impose different lease terms due to gender identity or sexual orientation

These protections apply during the entire time you live in the residence. The New York State Real Property Law also guarantees tenant rights such as habitability and due process in eviction cases.

FAQ: LGBTQ+ Housing Rights in New York

1. Can a landlord ask about my sexual orientation or gender identity?
   No. Landlords cannot ask about or require you to disclose your sexual orientation or gender identity under New York law.
2. What if my landlord retaliates after I complain?
   Retaliation is illegal. If you are threatened with eviction or other negative action after filing a complaint, you can report this to the New York State Division of Human Rights or seek help from legal aid.
3. Are roommate situations covered by these laws?
   In most cases, protections apply to formal leases. Some private roommate situations may be exempt, so check specifics with the DHR.
4. Can I be evicted for being transgender or gay?
   No, it is illegal for a landlord to evict you or not renew your lease because of your LGBTQ+ status in New York.
5. Where can I find help if I face discrimination?
   The New York State Division of Human Rights is the main agency for help. See more contacts in the resources section below.

Conclusion: Key Takeaways for LGBTQ+ Renters

• New York law firmly protects LGBTQ+ renters from housing discrimination
• You have the right to fair access to housing and can file a complaint if treated unfairly
• The Division of Human Rights (DHR) and HUD both accept discrimination complaints and can help protect your rights

Knowing your rights can help ensure a safe and respectful home in New York.

Need Help? Resources for Renters

• New York State Division of Human Rights (DHR): File a complaint online or find forms
• U.S. Department of Housing and Urban Development (HUD) - Fair Housing: Federal info and complaint portal
• NYC Commission on Human Rights: Support and enforcement for New York City residents
• NY State Unified Court System - Tenant Help Center
• New York State Real Property Law: Full text of tenant protection laws

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1. New York State Human Rights Law
2. New York State Real Property Law
3. HUD: LGBTQ+ Housing Discrimination
4. Gender Expression Non-Discrimination Act

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