Proving Discriminatory Rental Screening in New York

If you believe your rental application was unfairly denied in New York due to discrimination, it’s important to know your rights and the steps you can take. Discriminatory screening violates both state and federal laws, and New York has dedicated resources to help renters recognize and prove when this happens. This guide breaks down what discriminatory screening is, how to gather evidence, and how to file a formal complaint.

What Is Discriminatory Rental Screening?

Discriminatory screening occurs when a landlord treats rental applicants differently based on characteristics protected by law, such as race, national origin, religion, gender, disability, family status, sexual orientation, or source of income. New York’s Human Rights Law and the federal Fair Housing Act prohibit this behavior.

Examples of Discriminatory Screening

• A landlord tells a family with children that an apartment is unavailable, but immediately shows it to a single renter.
• An application is rejected because the applicant receives public assistance or a housing voucher.
• Screening fees or criteria are applied differently based on ethnicity or age.

These practices are unlawful under both state and federal statutes.

How to Gather Evidence of Discrimination

If you suspect discrimination, documenting everything is your strongest tool. Here’s how you can organize your evidence:

• Keep Written Communication: Save texts, emails, or written notes from potential landlords or their agents.
• Record Dates and Details: Write down what was said, by whom, and when it happened. Document apartment availability claims and reasons given for rejection.
• Witness Statements: If someone was with you during a conversation or viewing, ask them to write what they observed.
• Comparable Applications: If possible, gather information on similar applicants who were accepted or rejected and why.

Detailed documentation helps investigators understand the situation and increases the strength of your case.

How to File a Discrimination Complaint in New York

New York renters have two main avenues for making a complaint:

• New York State Division of Human Rights (DHR)
• U.S. Department of Housing and Urban Development (HUD)

The Division of Human Rights is the main state body handling these cases.

Relevant Official Forms

• New York State Division of Human Rights Complaint Form (DHR Form):
  • When and How Used: Use this form when you believe you have experienced housing discrimination in New York because of a protected characteristic. Submit online, by mail, or in person to start an investigation.
  • Access the DHR Complaint Form (PDF)
• HUD Housing Discrimination Complaint Form (903.1):
  • When and How Used: This federal form can be used instead of, or in addition to, the state complaint for incidents covered under the Fair Housing Act. Submit online or mail the completed PDF to HUD.
  • Access HUD Form 903-1 (PDF)

Both forms ask for details about the incident, your contact information, and supporting documentation. Attach copies of any evidence you have gathered.

What Happens After Filing?

Once you file a complaint with the DHR or HUD, an investigator will review your evidence and may contact you for more information. The process may involve mediation, requests for additional documentation, and potentially a hearing to determine if discrimination took place.

Understanding Your Legal Rights

New York’s protections are outlined in the Human Rights Law (Executive Law § 296) and the New York State Real Property Law. These laws cover both overt and subtle forms of discrimination during the rental process, including unfair screening criteria.

Key Points for Renters

• You are protected from discrimination based on race, color, national origin, religion, sex, disability, familial status, lawful source of income, sexual orientation, and more.
• You have the right to request a written explanation for a rental denial.
• You cannot be charged higher fees or asked for different documentation based on your protected status.

If a landlord’s screening process appears inconsistent or targets a specific group, it may be discriminatory.

FAQ

1. What should I do first if I suspect discrimination during screening?
   Start by writing down exactly what happened, including who was involved, dates, and any specific language used by the landlord. Collect all emails, texts, voicemails, or flyers you received.
2. Is there a deadline for filing a discrimination complaint in New York?
   Yes. You must file a complaint with the Division of Human Rights within one year of the alleged discrimination incident; HUD accepts complaints up to one year as well.
3. Can I have someone help me file a complaint?
   Yes. Tenants may seek help from advocates, lawyers, or someone they trust. The DHR also has staff to assist you with your submission.
4. What happens after I submit my complaint?
   The DHR or HUD will investigate your case. They may mediate between you and the landlord, interview relevant parties, or schedule a hearing if claims are substantiated.
5. Does it cost anything to file a discrimination complaint?
   No. Both the DHR and HUD process discrimination complaints free of charge.

Conclusion: Key Takeaways

• Document everything if you suspect discrimination during rental screening in New York.
• File a complaint with the NY Division of Human Rights or HUD using official forms.
• New York law firmly protects renters; resources are available for support.

Taking concrete action can help protect your rental rights and prevent future discrimination.

Need Help? Resources for Renters

• New York State Division of Human Rights – Call 1-888-392-3644 for assistance or visit their contact page.
• New York Attorney General’s Office – Consumer Frauds Bureau
• U.S. Department of Housing and Urban Development Fair Housing – Guidance on federal fair housing rights.
• NYC Housing Court – Handles housing disputes in New York City.

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1. New York Executive Law Article 15, Human Rights Law (§296)
2. New York State Real Property Law §238-a (Application Fees)
3. New York State Division of Human Rights – File a Complaint
4. U.S. Department of Housing and Urban Development – Fair Housing
5. Federal Fair Housing Act

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