What Landlords Can and Can't Ask: Fair Housing and Income Discrimination Laws

Landlords may screen for ability to pay. They may not screen for who you are. New York City's Human Rights Law protects more categories than federal law, and enforcement is active.

Protected categories in NYC

Federal law (Fair Housing Act) protects: race, color, national origin, religion, sex, familial status, disability.

New York State and New York City add, among others:

• Lawful source of income — including housing vouchers (Section 8, CityFHEPS, HASA), SSI, SSDI, Social Security, veterans' benefits, alimony, child support, unemployment

• Immigration or citizenship status

• Sexual orientation and gender identity

• Age

• Marital status and partnership status

• Presence of children

• Status as a victim of domestic violence, stalking, or sex offenses

• Occupation (in NYC, with limited exceptions)

• NYC also restricts tenant blacklisting — refusing to rent based solely on a prospective tenant's prior involvement in housing court proceedings.

Questions and practices that are generally unlawful

• "Do you have children?" / "Is this apartment for a family?"

• "Where are you from?" / "Are you a citizen?" / "What's your immigration status?"

• "We don't accept programs" / "No vouchers" / "No Section 8" — this is the single most commonly violated rule in NYC

• "Are you married?" / "Is that your boyfriend?"

• "What church do you attend?"

• "Do you have a disability?" / refusing a reasonable accommodation or a service/assistance animal (even in a no-pets building)

• Quoting different rents, terms, or availability to different applicants

• Steering — showing certain applicants only certain buildings or floors

• Advertising with language signaling preferences ("perfect for young professionals," "ideal for a single person," "Christian building")

What landlords CAN lawfully ask and require

• Proof of income or assets sufficient to pay (the 40x standard or similar) — applied consistently to all applicants

• Credit history and a background check (screening fee capped at $20, with a copy of the report provided)

• Prior landlord references and rental history

• Identity verification

• A guarantor where income falls short — applied consistently

The key word is consistently. A standard applied to one applicant and waived for another is evidence of discrimination.

The source-of-income rule in practice

If you hold a voucher, the landlord must evaluate you on the same terms as any other applicant and must consider the voucher as income. Two specific points renters should know:

1. The income standard must account for the portion you actually pay, not the full rent. Requiring a voucher holder to earn 40x the full rent — when the voucher covers most of it — is a common and unlawful practice.

2. "The unit isn't approved for programs" is generally not a defense; participating in the inspection and paperwork process is part of the obligation.

Reasonable accommodations and modifications

If you have a disability, you may request:

• A reasonable accommodation — a change in rules or policies (an assistance animal in a no-pet building, a transfer to an accessible unit, a different payment date aligned with benefits)

• A reasonable modification — a physical change (grab bars, a ramp)

Landlords must grant reasonable requests and may request limited verification of disability-related need — not your diagnosis or medical records.

If it happens to you

1. Document immediately. Save the listing, screenshot texts, write down what was said, when, and by whom. Keep emails. If a landlord says it on the phone, follow up in writing: "Just to confirm what you mentioned — you said you don't accept CityFHEPS?" Their written reply becomes evidence.

2. Testing patterns. If you suspect different treatment, note what was quoted and when. Fair housing organizations conduct paired testing and take referrals.

3. File a complaint:

• NYC Commission on Human Rights — handles city law claims, including source of income. Call 311 or file online.

• NYS Division of Human Rights

• HUD for federal claims

• A private attorney — fair housing claims can carry damages and attorney's fees

4. Deadlines apply. Filing windows vary by agency. Don't wait months.

For landlords reading this

Write down your screening standard — income multiple, credit minimum, references — and apply it identically to every applicant. Train anyone showing your unit. Never use steering language in ads. Accept vouchers and compute the income test on the tenant-paid portion. The cost of a single Commission finding exceeds any rent differential you thought you were protecting.

This article is for general informational purposes only and does not constitute legal advice. If you believe you've experienced housing discrimination, contact the NYC Commission on Human Rights (311), the NYS Division of Human Rights, HUD, or a fair housing attorney. Sources: Fair Housing Act; NYS Human Rights Law; NYC Human Rights Law; NY Real Property Law §238-a. As of October 2026.

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