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Discrimination & civil rights · Situation

Housing discrimination in New York: refused an apartment, Section 8 voucher rejected, or treated differently

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

Under New York's Human Rights Law, a landlord, owner, managing agent or broker can't refuse to rent to you, set different terms, or advertise a preference because of your race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a domestic violence victim, familial status (having children), or lawful source of income — including Section 8 vouchers (Executive Law § 296(5)). People with disabilities can ask for reasonable accommodations, such as a support animal. You can file with the NYS Division of Human Rights within three years, with HUD within one year, or go to court.

Read on for the details, the exceptions and the sources.

In plain words

Lawful source of income
Any legal income, including Social Security, child support, public assistance and housing vouchers like Section 8 (Executive Law § 292(36)).
Familial status
Being pregnant, having a child, or being in the process of getting custody of someone under 18 — and children under 18 living with a parent or guardian (§ 292(26)).
Reasonable accommodation (housing)
A change in a rule or policy a person with a disability needs to use and enjoy a home — for example, allowing an assistance animal in a no-pets building.
Reasonable modification
A physical change to the apartment, like a grab bar or ramp, that a person with a disability needs; generally at the tenant's expense.
HUD
The U.S. Department of Housing and Urban Development, which enforces the federal Fair Housing Act.

What the law says, briefly

Executive Law § 296(5)(a) makes it unlawful for an owner, lessee, sublessee, assignee or managing agent — or their agents and employees — to refuse to rent or sell, to falsely say a unit isn't available, or to set different terms or services, because of a protected characteristic — and to advertise or ask questions that show such a preference. "Lawful source of income" expressly includes Section 8 vouchers and other housing assistance (§ 292(36)). Real estate brokers and salespeople are covered by § 296(5)(c), and retaliation for complaining is unlawful (§ 296(7)).

For people with disabilities, a landlord must allow reasonable modifications of the premises at the tenant's expense (the landlord may, where reasonable, require you to restore the interior when you leave) and must make reasonable accommodations in rules, policies, practices or services — including allowing an animal as an accommodation (§ 296(18)). Federal law, the Fair Housing Act, also applies.

What to check in your lease, contract or papers

  • The listing or ad: phrases like "no vouchers", "no kids", "perfect for a single professional" or "English only" may be evidence.
  • The application form and screening criteria: are they applied to everyone the same way?
  • Written rejections or messages explaining why you were turned down
  • Your lease rules (pets, parking, common areas) if you need a disability accommodation
  • Whether the building is owner-occupied with two units or fewer, or you'd be renting a room in someone's home — narrow exemptions apply there (§ 296(5)(a)(4)).

What to document

  • Every contact: date, time, name, phone number and what was said, especially about availability, income or children.
  • Screenshots of the listing before it changes or disappears.
  • If a friend or relative without your characteristic was told something different about the same unit, their account of it.
  • Your written request for an accommodation and the landlord's answer.
  • Proof of your voucher or income and of your application.

What to do, step by step

  1. Save the evidence

    Screenshot the listing and keep texts and emails. Write a dated note after every phone call.

  2. Put requests in writing

    If you need a disability accommodation or modification, ask in writing, explain briefly what you need and why, and keep a copy.

  3. If you have a Section 8 voucher, call early

    The Division of Human Rights has a Section 8 Early Intervention Unit that may help before you file a formal complaint.

  4. File a complaint

    File with the Division of Human Rights within three years (Executive Law § 297(5)), by phone at (844) 697-3471 or online. You can file with HUD under the federal Fair Housing Act within one year (42 U.S.C. § 3610). In New York City you can also use the NYC Commission on Human Rights, generally within one year.

  5. Keep looking for housing

    A complaint takes months. Keep a record of the extra costs the discrimination causes you; they may be part of your damages.

What not to do

  • Don't lie on an application to get around discrimination; it can be used against you.
  • Don't stop paying rent on an apartment you already have because of a dispute; get advice first.
  • Don't miss the federal one-year HUD deadline if you want federal help.
  • Don't file the same claim in several places without advice: filing with the NYC Commission is not allowed if you already filed with the state Division, HUD or a court.

When to send a demand letter

A short written message can sometimes fix the problem fast — for example, reminding a landlord that New York law bars refusing Section 8 vouchers (Executive Law § 296(5)(a), § 292(36)) or asking again for an accommodation in writing. If the apartment is still available, send it at once. Don't let a back-and-forth eat into your filing deadlines.

When to go to court

Under Executive Law § 297(9), you can bring a Human Rights Law claim in court instead of filing with the Division. In housing cases, after the Division finds probable cause any party has 20 days to choose to have the case moved to court, and if the Division dismisses a housing complaint for lack of jurisdiction or probable cause, you may still file the same claim in court (unless you sought judicial review of the dismissal). Under the federal Fair Housing Act, you can sue within two years (42 U.S.C. § 3613).

In housing cases the Division can award compensatory damages, punitive damages and civil fines (§ 297(4)(c)), and a winning complainant may get attorney's fees (§ 297(10)). For housing complaints the Division aims to decide probable cause within 100 days (§ 297(2)(b)).

What evidence to keep

  • Listing screenshots and ads
  • Texts, emails, voicemails and call notes
  • Your application, voucher papers and proof of income
  • Accommodation requests and answers
  • Notes from anyone who inquired about the same unit
  • Receipts for extra costs: storage, hotel, higher rent elsewhere

Frequently asked questions

Can a landlord refuse my Section 8 voucher?

Not in New York. The Human Rights Law bars refusing to rent because of lawful source of income, which expressly includes Section 8 vouchers and other housing assistance (Executive Law § 296(5)(a), § 292(36)).

My building has a no-pets rule. Can I keep an emotional support animal?

If you have a disability and need the animal to use and enjoy your home, you can ask for a reasonable accommodation. Executive Law § 296(18)(2) expressly includes the use of an animal as a reasonable accommodation. Ask in writing and keep a copy.

Can a landlord refuse to rent to families with kids?

Generally no: familial status is protected. There are narrow exceptions for qualifying senior housing — housing only for people 62 and older and their spouses, or housing intended and operated for at least one person 55 or older per unit (§ 296(5)(a)(4)).

Are there landlords the law doesn't cover?

A few narrow exemptions exist, such as renting a unit in a two-family house where the owner lives, or renting a room in a home where the owner or occupant lives. Even then, discriminatory ads and statements aren't allowed for the two-family exemption (§ 296(5)(a)(4)).

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.