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Fair Housing Guide — New York

Federal Fair Housing Act + New York protected classes and application rules

Federal Protected Classes (Fair Housing Act, 42 U.S.C. § 3604)

These protections apply in every state. You may never discriminate based on:

Race
42 U.S.C. § 3604 — no discrimination based on race or color of skin.
Color
Closely related to race; covers skin color distinctions within racial groups.
National Origin
Country of birth, ancestry, culture, or linguistic characteristics.
Religion
Cannot refuse housing or impose different terms based on religious beliefs or practices.
Sex
Includes sexual harassment; federal courts have extended to sexual orientation/gender identity.
Disability
Physical or mental impairment that substantially limits a major life activity. Landlord must provide reasonable accommodations and allow modifications.
Familial Status
Households with children under 18, pregnant women, or those with custody of children. Exception: qualified senior housing (55+ communities).

New York Additional Protected Classes

New York law adds the following protections beyond the federal baseline:

  • Sexual orientation
  • Gender identity and expression
  • Source of income (including housing vouchers)
  • Lawful occupation
  • Age
  • Marital status
  • Military status
  • Domestic violence victim status

Source of Income / Housing Vouchers (Section 8)

⚠ Protected in New York

New York prohibits refusing to rent to tenants who use housing vouchers (Section 8, VASH, etc.) as their source of income. You cannot advertise "no Section 8" or refuse to accept Housing Choice Vouchers.

Criminal History Screening

Individualized Assessment Required

You may ask about criminal history, but you must conduct an individualized assessment of each applicant. You cannot apply blanket bans (e.g., "no felonies ever"). You must consider: nature of the crime, time elapsed, rehabilitation, and relevance to tenancy.

Application Fee Cap

$20 Maximum application fee in New York

You cannot charge more than $20 per applicant for application/screening fees. You must provide an itemized receipt showing how the fee was spent.

What You Can and Cannot Ask

✗ Cannot Ask or Advertise

  • Race or racial background
  • Religion or religious practices
  • National origin or ethnicity
  • Sex or gender (federal)
  • Disability or handicap status
  • Familial status (having children under 18, pregnancy)
  • Source of income or voucher type
  • Sexual orientation or gender identity
  • Marital status
  • Age (unless lease involves age-restricted housing)
  • Whether applicant has received housing assistance
These questions — in person, on applications, or in listings — may constitute fair housing violations.

✓ Can Ask (Applied Consistently)

  • Proof of income (pay stubs, bank statements, employer letters)
  • Employment status and employer contact
  • Rental history and references from prior landlords
  • Consent to run a credit check
  • Personal references
  • Number of occupants (to apply occupancy standards consistently)
  • Written consent for background and credit check
  • Income documentation
Apply all screening criteria uniformly to every applicant. Document your process.

Advertising Rules

Rental listings must not indicate any preference or limitation based on protected classes. Avoid language such as:

  • "Perfect for young professionals" (implies familial status preference)
  • "No children" or "adults only" (familial status — illegal unless 55+ senior housing)
  • "Christian household" or "religious community" (religion)
  • "No Section 8" (illegal in New York — source of income is protected)
  • "Native English speakers preferred" (national origin)
  • Any description that signals race, color, or national origin preference

Safe language: focus on objective property features, income requirements, and pet/smoking policies.

City-Level Rules & Notable Notes

NYC: Application fee capped at $20 (NYC Admin. Code § 20-699.6). NYC: Good Cause Eviction Law (2024) affects most market-rate rentals. NYC: Criminal history — individualized assessment required; blanket bans are illegal. NYC: 'No vouchers' ads are illegal under NYC Human Rights Law. Albany and Buffalo have local source-of-income protections.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.