March 2023
NYC.gov/HumanRights
@NYCCHR
1
SOURCE OF INCOME DISCRIMINATION
A TENANT ADVOCATE’S FAQ
Any of the following statements made by an owner, manager, or real estate agent is evidence of source of
income discrimination:
• This building does not take vouchers.
• There is a ‘waitlist’ for people with vouchers or programs.
• This building only takes ‘working Section 8.’
• You can rent this apartment with a voucher, but you have to pay six (6) months of rent up front.
• For tenants in housing: ‘I’m not taking Section 8 for your unit. You need to move.’
Are there exceptions to the lawful source of income portion of the NYC Human Rights Law for small
landlords?
There are only two exceptions. Landlords do not have to accept a voucher or other lawful source of income if:
1. They are renting a unit (which does not receive public assistance) in a building where they or a member of
their family reside, the building has no more than two families living independently of each other, and the
rental unit was not publicly advertised.
2. They are renting a room in an unit in which the landlord or a member of the landlord’s family resides and the
unit does not receive public assistance.
You are not expected to know all of this information - if you have questions about whether your rental is exempt
under the NYC Human Rights Law, call 212-416-0197.
If I have a housing voucher, can my rental application be denied because I do not earn enough
income?
No. You cannot be rejected for insufficient income if:
1. your voucher program would approve the monthly rent for the apartment and
2. you have a housing voucher that calculates your portion of the rent based on your income (like Section 8).
You also cannot be required to find a guarantor or co-signer.
Can buildings require all applicants have a high credit score (e.g. 700 or above)?
If you have a housing voucher that covers 100% of the rent, you should not be rejected based on your credit. If
you pay a portion of the rent out of pocket, your credit may be considered on a case-by-case basis.
Requiring a minimum credit score may be a violation of the NYC Human Rights Law.
What if I am denied based on my past or pending housing court cases?
State law prohibits landlords from rejecting applicants to rental housing based on pending or past landlord-
tenant actions. If you are rejected based on your housing court history, it may be evidence of discrimination
under the NYC Human Rights Law. Keep all documents from your prior housing court cases and, if you are
rejected, ask the broker or owner for a letter explaining the reason as well as a copy of the background check
used to reject you.
The NYC Human Rights Law protects New Yorkers from discrimination in housing based on their
“lawful source of income.” “Lawful source of income” refers to Section 8, portable housing
vouchers, security deposit vouchers, and all forms City FHEPS of public assistance.
The NYC Human Rights Law protects tenants based on many protected classes in housing,
including race, national origin, gender, sexual orientation, pregnancy, and others. For a complete
list, visit NYC.gov/HumanRights.
What does Source of Income Discrimination sound like?
March 2023
NYC.gov/HumanRights
@NYCCHR
2
Can I be asked to pay a large application fee or make an upfront deposit to “hold” or view an
apartment?
New York State Law caps application fees at $20.00 or the actual cost of a background or credit check,
whichever is less for all rental apartments. If you have a housing voucher and are asked to pay upfront fees or
deposits of more than $20.00, this may be evidence of discrimination under the NYC Human Rights Law.
Can a real estate agent or landlord prefer one voucher program over another (e.g. Section 8 but not
HASA)?
No. Accepting only some vouchers or programs still violates the NYC Human Rights Law. This is true even if
certain programs require extra paperwork, pay a lower fee to the broker, or involve longer processing times.
What should I do to protect myself against source of income discrimination?
When searching for an apartment, keep detailed notes of all your calls and inquiries.
• If responding to an advertisement, take a photo or screenshot of the advertisement immediately.
• Save all your text messages and e-mails in a safe place (not just on your phone).
• When possible, record your phone calls and conversations. (While this is permissible in New York, other
states have different laws. Always consult with a lawyer if you have questions.)
• Report denials to the Commission immediately while the unit is still available. The Commission can call the
real estate agent or landlord to enforce the NYC Human Rights Law.
What should I do if I’m told an apartment is no longer available and/or I stop receiving responses
once I mention my housing voucher?
Have a trusted friend who earns employment income call the agent and ask if the apartment is still available. If
the real estate agent or landlord moves forward with your friend’s potential application, that is evidence of
source of income discrimination. Having a recording may be helpful to your case.
What happens if I file a complaint against a real estate agent and/or landlord at the Commission?
If the Commission finds the real estate agent and/or the landlord violated the law, all of the following are potential
remedies:
• A real estate agent or landlord may rent you the apartment or a similar apartment.
• You may seek damages for your out-of-pocket expenses and emotional suffering. Keep notes of your
experiences, feelings, and expenses after you are denied housing.
• If you have a lawyer represent you in your case at the Commission, the agent and/or landlord may be
responsible for paying your attorney’s fees.
• The City of New York can collect civil penalties of up to $250,000 per willful violation, monitor the agent or
landlord’s activity, and report licensed brokers & salespeople who violate the law to the New York State
Licensing Division.
For more information and to find out about trainings on the NYC Human Rights Law, please visit our website
at NYC.gov/HumanRights or call 212-416-0197.
