Fair Housing Laws in New York State

You can’t be denied housing in New York State for any of the following reasons, known as “protected characteristics”:

Race
Creed
Color
National origin
Sex
Age
Disability
Marital status
Military status
Family status
Sexual orientation
Gender identity or expression
Lawful source of income

New York State Human Rights Law protects you against discrimination for any of these factors, whether you’re buying, renting or leasing housing. If you think you’ve been discriminated against illegally, you can file a complaint with the New York State Division of Human Rights.

who must follow the law?

Anybody who sells, rents, or leases housing must follow the law. This includes:

Owners
Tenants
Subtenants
Managing agents
Real estate brokers
Agents and employees of the above

In addition, lenders are prohibited from discriminating against borrowers because of any protected characteristic.

what is prohibited?

It is illegal to do any of the following because of a protected characteristic:

Refuse to sell, rent, or lease housing
Discriminate in the terms, conditions, or privileges in the sale, rental, or leasing of housing
Discriminate in providing facilities or services in connection with the sale, rental, or leasing of housing.
Print or circulate a statement, advertisement, or publication expressing a limitation, specification, or discrimination in the sale, rental, or leasing of housing.
Use an application for housing that expresses any limitation, specification, or discrimination in the sale, rental, or leasing of housing.
Make any record or inquiry in connection with the prospective purchase, rental, or lease of a housing accommodation that expresses any limitation, specification, or discrimination.
Discriminate against a person with a visual impairment because of their use of a guide dog, or a person with a hearing impairment because of their use of a hearing dog.
Discriminate against a person with a disability because of their use of a service dog.
Discriminate against a person with a disability because of their use of an emotional support animal.

It is also illegal to discriminate or retaliate against somebody for seeking to enforce the law.

the law and real estate professionals

Refusing to negotiate for the sale, rental or leasing of housing.
Representing that housing is not available for sale, rental or lease when it is available.

i have a disability

New York State Human Rights Law requires reasonable efforts be made to accommodate the needs of persons with disabilities so they can live in housing.

are there exceptions?

Almost all housing is covered. The following situations are not covered under New York State law (though may be covered under federal or local fair housing laws):

Rental units in two-family homes occupied by the owner
Rentals in rooming houses occupied by the owner or member of the owner’s family

In addition, lenders are prohibited from discriminating against borrowers because of any protected characteristic.

filing a complaint

If you believe you’ve been discriminated against, you can file a complaint with the New York State Division of Human Rights. DHR will investigate and may hold a hearing.

You must file your complaint within one year of the alleged act. You may download a complaint form from DHR’s website, or stop by a DHR office in person or contact DHR by phone or mail to get a form and assistance in filing a complaint. (Complaints must be signed before a notary public. Notaries are available at DHR offices for no charge.)

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