Your Rights: Protected Classes in New York Fair Housing

Understanding fair housing protections is vital if you're a renter in New York facing issues such as unfair treatment, sudden rent hikes, or being denied housing. New York's fair housing laws go beyond federal rules, safeguarding a range of personal attributes and ensuring that renters have strong legal rights against discrimination. Knowing which classes are protected and how to take action can give you peace of mind and empower you to advocate for yourself.

Who Is Protected Under New York Fair Housing Laws?

New York State’s fair housing laws provide some of the most comprehensive protections for renters in the country. These laws make it illegal for landlords, property managers, or real estate agents to discriminate against you based on specific characteristics when it comes to renting, renewing leases, or accessing other housing opportunities.

Protected Classes Under New York State Law

According to the New York State Human Rights Law, these classes are explicitly protected:

• Race
• Color
• National Origin
• Sex
• Gender Identity or Expression
• Sexual Orientation
• Religion
• Age
• Marital Status
• Military Status
• Disability
• Lawful Source of Income (including housing vouchers and subsidies)
• Familial Status (such as having children or being pregnant)
• Domestic Violence Victim Status

Besides statewide protections, New York City and some other localities add categories like citizenship status and occupation. Refer to your local city's official website for specifics.

How Does Discrimination Happen?

Discrimination is not always direct. It may occur when a landlord:

• Refuses to rent because of your source of income, such as a Section 8 voucher
• Sets different terms for tenants with children
• Makes rental units unavailable after learning your religion or national origin
• Retaliates after you request a reasonable accommodation for a disability

What New York State Law Says

The New York State Human Rights Law (Executive Law, Article 15) forms the backbone of fair housing rights in the state. This law covers nearly all housing, with only a few exceptions (such as owner-occupied buildings with two units or less).

Additionally, New York’s Real Property Law also outlines tenant rights and landlord responsibilities.

How to File a Fair Housing Discrimination Complaint

If you suspect discrimination, you have the right to file a complaint with the New York State Division of Human Rights (NYDHR). This is the official tribunal handling housing discrimination claims in the state.

Official Form: Division of Human Rights Complaint Form

• Form Name: Division of Human Rights Complaint Form
• When to Use: Use this form if you have experienced or witnessed discrimination by a landlord, property owner, or property manager in New York State based on any of the protected classes.
• Where to Find It: Download and submit online, by mail, or in person.
• Example: If a landlord rejected your rental application after you disclosed that you intend to use a Section 8 voucher, you would fill out this form to start an investigation.

After filing, the Division investigates and may schedule a hearing. If they find discrimination, remedies can include fines, orders to rent to you, and other relief.

Reasonable Accommodations and Modifications

Tenants with disabilities are entitled to request reasonable accommodations—such as allowing a service animal, installing grab bars, or requesting a designated parking spot. Landlords generally must approve these unless it causes undue hardship.

• Official Form: No state-mandated form. Many landlords have their own forms for accommodation requests; a written email or letter usually suffices.
• Example: If you need your door widened for a wheelchair, write to your landlord stating your disability status and the specific modification requested.
• Learn more about requesting accommodations from the NYDHR.

Always put accommodation requests in writing and keep a copy. If denied, contact the NYDHR or file a complaint online.

What Should Renters Do Next?

If you believe your rights have been violated under New York’s fair housing laws, you can:

• Contact the Division of Human Rights directly online or by phone
• Submit the official complaint form within one year of the alleged act
• Consult the Housing Discrimination FAQs for more details

Acting quickly and documenting everything gives you the best chance of a positive outcome.

Frequently Asked Questions

1. What should I do if a landlord refuses my rental application because I use a Section 8 voucher?
   You can file a complaint with the New York State Division of Human Rights using their Complaint Form, because "lawful source of income" is a protected class.
2. Does New York State's fair housing law cover all types of rental housing?
   Most housing is covered, but there are a few exceptions, such as owner-occupied buildings with no more than two units.
3. Are mental health conditions considered a disability under New York's fair housing law?
   Yes; mental and physical disabilities are both protected, and you can request reasonable accommodations for either.
4. How long do I have to file a fair housing complaint in New York?
   Complaints must usually be filed within one year of the discriminatory act.
5. Where can I get help if I'm unsure about my rights?
   You can contact the New York State Division of Human Rights or local tenant advocacy organizations for support and guidance.

Key Takeaways for New York Renters

• New York State protects renters from discrimination based on a wide range of personal characteristics.
• If you face discrimination or are denied accommodations, you have the right to file a complaint with the Division of Human Rights.
• Acting quickly, documenting each incident, and using official forms can help protect your rights and resolve disputes.

Need Help? Resources for Renters

• New York State Division of Human Rights (NYDHR): File a Complaint or Get Help – Official tribunal for all discrimination cases.
• NYDHR Fair Housing Resources for Tenants – Education on your rights.
• New York State Homes and Community Renewal: Renter Protections – Additional guidance about rental rights and protections.
• NYC Commission on Human Rights – For renters within New York City.

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1. New York State Human Rights Law (Executive Law, Article 15)
2. New York Real Property Law
3. NYDHR: Housing Discrimination FAQs

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