Your Rights Against Familial Status Discrimination in New York

Discrimination in housing is illegal under both federal and New York State law. If you’re renting in New York and have children under 18, are pregnant, or are forming a family, you are protected from “familial status” discrimination. This means landlords and property managers cannot treat you unfairly simply because of your family situation. Understanding your rights can help you recognize unfair treatment and know what to do next.

What Is Familial Status Discrimination?

Familial status discrimination occurs when you are treated differently in housing because your household includes children under 18, you are pregnant, or you are in the process of obtaining custody of a child. Under the federal Fair Housing Act and New York State Human Rights Law, landlords can’t refuse to rent to you, set special terms, or harass you because of your family situation.^[1][2]

Examples of Familial Status Discrimination

• A landlord denies your rental application because you have children.
• You’re told that children are not allowed on the property, or restricted to certain floors or buildings.
• You face higher rent, deposits, or additional rules because of your family or pregnancy status.

If you experience any of these, you may have grounds to file a discrimination complaint.

Your Protections as a Renter in New York

• It’s illegal for housing providers to refuse to rent, set different terms, or harass because of familial status.
• These protections apply to most apartment buildings, condos, and houses — with very few exceptions.
• Retaliation for reporting discrimination is also unlawful under New York State Human Rights Law and the Fair Housing Act.^[1][2]

New York expands fair housing protections even further than federal law, and enforcement is overseen by the New York State Division of Human Rights (NYSDHR).

How to Recognize If Discrimination Occurred

• Document conversations and save any written communication.
• Keep copies of any rental listings that indicate restrictions on children.
• Note any differences in terms or treatment between renters with and without children.

How to File a Discrimination Complaint in New York

If you believe a landlord violated your rights due to familial status, you have the right to file a formal complaint. In New York, complaints can be submitted to the NYSDHR or to HUD at the federal level.

Key Official Forms

• New York State Division of Human Rights Complaint Form (Form DHR-004):
  • When and How to Use: Use this form to file a housing discrimination complaint with the NYSDHR. For example, if you are denied an apartment because of your children, fill out and submit this form online, by mail, or in person.
  • Official NYSDHR Complaint Form (DHR-004)
• HUD Housing Discrimination Complaint (Online Form):
  • When and How to Use: If you prefer, you can also file a complaint directly with the U.S. Department of Housing and Urban Development (HUD) through their online portal.
  • File an Official HUD Housing Discrimination Complaint

Action Steps for Renters

• Act fast: Complaints with the NYSDHR must be filed within one year of the discriminatory act.
• Gather documentation: Save all emails, texts, advertisements, and notes about your housing search and landlord communications.
• Submit your complaint online or by mail, following instructions provided on the official NYSDHR complaint page.

Relevant Laws and Enforcement Agencies

• Law: New York State Human Rights Law (Executive Law, Article 15)
• Federal Law: Fair Housing Act (42 U.S.C. §§ 3601-3619)
• Enforcement Tribunal: New York State Division of Human Rights (NYSDHR)

These agencies investigate complaints and may arrange for mediation, issue fines, or order the landlord to change their practices.

FAQ: Familial Status Discrimination in New York Rentals

1. What is considered familial status under New York law? Familial status includes parents or guardians with children under 18, pregnant people, and anyone securing custody of a child.
2. Can a landlord legally refuse to rent to families with children? No, refusing to rent because children will live in the unit is prohibited by both federal and state law.
3. Do the protections apply to all types of housing? Most housing is covered, but there are some exemptions, such as owner-occupied buildings with two or fewer units.
4. How soon do I need to file a discrimination complaint? You must file with the NYSDHR within one year of the incident.
5. Is there a cost to file a fair housing complaint? No, there is no fee to file with the NYSDHR or HUD.

Key Takeaways

• Familial status discrimination is illegal in New York, with robust protections for renters with children or those forming families.
• File a complaint with the NYSDHR within one year if you believe you have faced discrimination.
• Help, forms, and guidance are available directly from official state and federal agencies.

Need Help? Resources for Renters

• New York State Division of Human Rights – Contact Page: File or check on a complaint, and access support in multiple languages.
• New York Attorney General – Fair Housing Resource Guide: Government guidance and mediation resources.
• HUD Fair Housing – New York Regional Office: Federal complaint assistance and investigation support.
• New York State Division of Human Rights (NYSDHR): Main portal for housing discrimination issues, forms, and information on the Human Rights Law.

---

1. New York State Human Rights Law – Executive Law, Article 15
2. Fair Housing Act – U.S. Department of Justice

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