Important: Homzora is a housing research publisher, not a law firm, and nothing on this page is legal advice. This article is general information about the law as published by government and court sources at the time of writing, and it may not reflect later changes or the facts of your situation. Reading it does not create an attorney and client relationship. For advice about your situation, contact a licensed attorney or a legal aid organization in your state.
About 67.2 percent of occupied homes in New York City are rented, since the Census Bureau puts the owner occupied housing rate at 32.8% for 2020 to 2024, and the median gross rent is $1,821 a month (U.S. Census Bureau QuickFacts, New York City). Every one of those households is protected by federal fair housing law, and many state and local laws add protections that federal law does not.
This guide explains who is protected from housing discrimination in New York City, whether housing vouchers and other sources of income are protected, which agency takes complaints, and how quickly you must file.
Federal protections everywhere
The federal Fair Housing Act bars refusing to rent or sell a dwelling because of race, color, religion, sex, familial status, or national origin (42 U.S.C. § 3604(a)). The Fair Housing Act separately bars discrimination in the sale or rental of a dwelling because of a handicap (disability) (42 U.S.C. § 3604(f)(1)). A renter has one year from when the discrimination happened or ended to file a complaint with HUD (42 U.S.C. § 3610(a)(1)(A)(i)).
A renter has two years from when the discrimination happened or ended to file a fair housing lawsuit in federal or state court (42 U.S.C. § 3613(a)(1)(A)). The two year lawsuit clock pauses while a HUD or equivalent administrative complaint on the same practice is pending (42 U.S.C. § 3613(a)(1)(B)). 2025 change: in September 2025 HUD withdrew prior fair housing guidance, including reliance on Executive Order 13988 (reading sex discrimination to cover sexual orientation and gender identity), and said it will not use disparate impact liability (NAR Washington Report, Oct. 7, 2025).
What New York law says
New York State housing protections go beyond federal law to cover creed, sexual orientation, gender identity or expression, military status, age, marital status, and status as a victim of domestic violence (NY Attorney General, Housing discrimination (N.Y. Exec. Law § 296(5))). Since April 12, 2019, the New York State Human Rights Law bars housing discrimination based on lawful source of income, which includes Section 8 and other housing vouchers (NYS Division of Human Rights, Income Source Discrimination flyer (N.Y. Exec. Law § 296(5))). Complaints go to the NYS Division of Human Rights; the agency flyer gives a one year filing deadline for older incidents (NYS Division of Human Rights, Income Source Discrimination flyer).
For incidents on or after February 15, 2024, the deadline to file a discrimination complaint with the Division of Human Rights is three years, up from one year (Schwartz Sladkus Reich Greenberg Atlas, 2024 as amended)).
New York City protections
The NYC Human Rights Law adds many housing classes beyond state and federal law, including criminal record, immigration status, lawful occupation, lawful source of income (including housing subsidies), height and weight, and status as a victim of domestic violence (NYC Commission on Human Rights, Notice of Rights). Under the NYC Human Rights Law, landlords may not reject renters who pay with Section 8 vouchers or other lawful non wage income (NYC Fair Housing, Lawful Source of Income (N.Y.C. Admin. Code § 8-107(5))). Complaints to the NYC Commission on Human Rights must be filed within one year of the last discriminatory act (three years for gender based harassment) (NYC Commission on Human Rights, Notice of Rights).
NYC’s Fair Chance for Housing Law took effect January 1, 2025: landlords may look at criminal history only after finding the applicant otherwise qualified; owner occupied buildings with two or fewer units are exempt (NYS Homes and Community Renewal, NYC Fair Chance Housing Law guidance, Mar. 2025 (Local Law 24 of 2024)).
Free help in New York City
Call 311 and ask for the Tenant Helpline, or call Housing Court Answers at 718.557.1379 (NYC Human Resources Administration, Legal services for tenants). For other services, call 211 (211.org).
What discrimination can look like
- Being told a unit is taken when it is still being shown to others.
- Different rent, deposit, or screening rules for some applicants.
- Ads that say who is or is not welcome, such as no children or no vouchers where vouchers are protected.
- Refusing a reasonable accommodation for a disability, such as an assistance animal or a reserved parking space.
- Harassment or threats from a landlord, manager, or neighbor that the landlord ignores.
Not every unfair decision is illegal discrimination, but treatment that turns on a protected characteristic often is.
How to document a fair housing problem
- Write down what happened, when, and who said it, as soon as you can.
- Save listings, texts, emails, and voicemails.
- Keep copies of your application and any denial letter.
- Note the names of witnesses, including other applicants or tenants.
- Write down the dates of every contact so you can meet filing deadlines.
Testing a suspected problem
Fair housing organizations sometimes use testers, people with similar qualifications who differ only in a protected characteristic, to see whether a landlord treats applicants differently. If you suspect discrimination, a local fair housing group may be able to investigate. Ask the agency or legal help office listed in this guide whether such a group serves your area.
Reasonable accommodations and modifications
People with disabilities can ask a landlord to change a rule or policy, called a reasonable accommodation, or to allow a physical change to the unit, called a reasonable modification, when needed for equal use of the home. Make the request in writing, explain the connection between the disability and the request without needing to share a diagnosis, and keep a copy. A landlord can sometimes ask for reliable information about the need when the disability is not obvious.
Retaliation is also illegal
Federal law makes it unlawful to coerce, intimidate, threaten, or interfere with anyone for exercising fair housing rights or helping someone else do so. If a landlord raises rent, refuses to renew, or threatens you after you complain about discrimination, include that in your complaint.
Mistakes to avoid
- Missing the deadline. Some state and local deadlines are shorter than a year.
- Relying on memory. Write notes the same day.
- Deleting messages. Screenshots and saved emails are often the best evidence.
- Assuming you have to choose only one agency. Agencies often share complaints; ask how filing with one affects the others.
What happens after you file
After a complaint is filed, an agency typically notifies the landlord, investigates, and may try to settle the matter through conciliation. If it finds reasonable cause, the case can move to a hearing or a lawsuit. Remedies can include actual damages, changes to policies, and in some cases civil penalties. Keep paying rent and following your lease while the complaint is pending.
Questions to ask a fair housing agency
- Which deadline applies to my complaint?
- Do you also cover the local protections in my city?
- Will you share my complaint with HUD or another agency?
- What evidence should I gather now?
- Can I get help finding housing while the complaint is pending?
Advertising and screening
Rental ads may not state a preference based on a protected class. Screening criteria such as income minimums, credit scores, and rental history must be applied the same way to every applicant, and in places that protect source of income, a landlord generally must count voucher payments when deciding whether an applicant meets an income requirement. Ask for the screening criteria in writing before you apply.
Build your evidence file
Landlord and tenant disputes are usually decided by documents. Keep these together from the day you sign:
- The signed lease, every addendum, and every renewal.
- Receipts or bank records for the deposit and each rent payment.
- Dated photos and video of every room at move in and move out.
- Copies of every repair request and the landlord’s replies.
- Every notice you send or receive, with proof of delivery.
Keep copies somewhere other than your phone, such as an email to yourself, so they survive a lost device.
Make apartment search records consistent
A consistent apartment search log helps you remember what you actually asked and what information was provided. Give each property its own entry with the address, unit identifier, listing URL, contact details, and the date you recorded the information. Save the listing you used where possible, and distinguish that saved version from a later advertisement that may contain different information. Do not assume two similar photographs identify the same unit.
Use the same practical questions when comparing homes. You might ask about the proposed move date, the furniture layout, the laundry arrangement, and the process for arranging a viewing. Write down the response and its source. A statement made during a telephone call should be labelled differently from a figure in a written quote. Keep unanswered questions visible so that the appearance of a complete table does not conceal missing information.
If several people are helping with the search, decide who will maintain the main record. Agree on a simple naming convention and avoid overwriting someone else’s notes without keeping the original. For a hypothetical household, one person may attend a viewing while another follows up about the floor plan. Recording who handled each task makes it easier to locate the right message later and prevents an assumption from becoming a shared fact.
Keep sensitive application documents out of the general comparison sheet. Share them only through the process you have independently verified with the intended recipient. Before forwarding a folder, check that it contains only the records needed for that purpose. This organizational method is not a test for discrimination and does not establish why an application was accepted or refused. Its practical value is a clearer record of the properties considered, the questions asked, and the information received.
For related practical planning, visit the city housing hub.
Frequently asked questions
Is it legal to refuse a housing voucher in New York City?
It depends on state and local law, as described above. Some places protect voucher holders and some do not, so check the rules for your city before you assume a refusal is lawful or unlawful.
Where should I file a complaint?
You can usually file with HUD and with the state or local agency named above. Filing deadlines differ, so file as early as you can.
Do I need a lawyer?
No. Agencies accept complaints directly from renters. A free legal help office can still help you prepare.
Legal notice
Homzora is not a law firm and does not provide legal advice. Laws, court rules, and local programs change, and how they apply depends on your facts. Before you act on anything in this article, confirm the current rules with the court, a licensed attorney, or a legal aid organization.
Sources
- U.S. Census Bureau QuickFacts, New York City
- 42 U.S.C. § 3604(a)
- 42 U.S.C. § 3610(a)(1)(A)(i)
- 42 U.S.C. § 3613(a)(1)(A)
- NAR Washington Report, Oct. 7, 2025
- NY Attorney General, Housing discrimination (N.Y. Exec. Law § 296(5))
- NYS Division of Human Rights, Income Source Discrimination flyer (N.Y. Exec. Law § 296(5))
- Schwartz Sladkus Reich Greenberg Atlas, 2024 as amended)
- NYC Commission on Human Rights, Notice of Rights
- NYC Fair Housing, Lawful Source of Income (N.Y.C. Admin. Code § 8-107(5))
- NYS Homes and Community Renewal, NYC Fair Chance Housing Law guidance, Mar. 2025 (Local Law 24 of 2024)
- NYC Human Resources Administration, Legal services for tenants
- 211.org