Housing discrimination in NYC: protected classes and how to file
Protected classes under federal, NY State and NYC housing law side by side, plus exemptions, examples, filing deadlines and how to file with CCHR, DHR or HUD.
6 min read · Updated
In New York City it is illegal for a landlord, broker, managing agent, co-op board or building staff to refuse you housing, change your terms, steer you, or harass you because of who you are, and the city’s list of protected classes is far longer than federal law’s. You can report it free of charge to the NYC Commission on Human Rights (within one year), the New York State Division of Human Rights (within three years for acts on or after February 15, 2024), or HUD (within one year).
Below: every protected class under the three laws side by side, who is exempt, what discrimination looks like in practice, and a step-by-step guide to filing. This is general information, not legal advice.
At a glance
- Federal
- 7 classes
- Fair Housing Act, 42 U.S.C. § 3604
- NY State
- 15 classes
- Exec. Law § 296(5), plus arrest-record rule in § 296(16)
- NYC
- 19 classes
- 14 general plus 5 housing-only (CCHR list)
- Fastest help (NYC)
- 212-416-0197
- CCHR; or call 311 and ask for “Human Rights”
Protected classes, side by side
A checkmark means the class is protected in housing under that law. When laws overlap, you get the broadest protection that applies, and you can pick the agency that enforces it.
| Federal (FHA) | NY State | NYC | |
|---|---|---|---|
| Race | |||
| Color | |||
| Religion / creed | |||
| National origin | |||
| Sex / gender (incl. sexual harassment) | |||
| Disability | |||
| Familial status / presence of children | |||
| Age | |||
| Sexual orientation | Not listed in statute | ||
| Gender identity or expression | Not listed in statute | ||
| Marital status | Yes, incl. partnership status | ||
| Military / veteran status | |||
| Citizenship or immigration status | |||
| Lawful source of income (vouchers, benefits) | |||
| Domestic violence victim status | Yes, incl. stalking and sex offenses | ||
| Arrest or criminal record | Arrest record | Criminal record (Fair Chance Housing) | |
| Lawful occupation | |||
| Pregnancy | Not listed separately | Via familial status | |
| Height and weight |
New York State’s familial status protection covers pregnancy and households with a child under 18, and NYC separately protects “the presence of children.” Disability under all three laws includes being regarded as having one or having a history of one; the NYC definition is the broadest. Retaliation for complaining or helping someone else complain is illegal under all three laws.
What discrimination looks like
| What happens | Protected class involved |
|---|---|
| “The owner prefers no kids in this unit” | Familial status / presence of children |
| Ad or broker says “no Section 8” or “no programs” | Lawful source of income |
| Turned away after the agent learns you aren’t a citizen | Citizenship or immigration status |
| Shown units only in certain neighborhoods based on race or origin | Race, national origin (steering) |
| Super makes repeated sexual comments, or repairs depend on sexual favors | Sex / gender (sexual harassment) |
| Refusal to install a ramp, allow an assistance animal or a reserved parking space | Disability (reasonable accommodation) |
| Rejected because you are a domestic violence survivor | Domestic violence victim status |
| Rejected for a past Housing Court case | NY law bars rejecting applicants for prior landlord-tenant cases |
| Different lease terms or amenity access for some tenants | Any class, if that is the reason |
Who is exempt
Exemptions are narrow, and the city and state construe them narrowly. They differ by law:
| Law | Exempt rentals | What still applies |
|---|---|---|
| Fair Housing Act | Rooms or units in an owner-occupied building with four or fewer units; single-family houses sold or rented by an owner who owns no more than three, without a broker | Discriminatory ads and statements are still illegal |
| NYS Human Rights Law | Rental in an owner-occupied two-family building; rooms in an owner-occupied home; same-sex room rentals; qualifying 55+ or 62+ senior housing (age and familial status only) | Discriminatory ads and statements are still illegal |
| NYC Human Rights Law | Rental in an owner-occupied building with no more than two families if the unit was not publicly advertised; rooms rented by the occupant or owner who lives there | Publicly assisted housing is never exempt |
Choosing where to file
| Agency | Law | Deadline | How to reach |
|---|---|---|---|
| NYC Commission on Human Rights (CCHR) | NYC Human Rights Law | 1 year from the last act; 3 years for gender-based harassment | 212-416-0197, 311 (“Human Rights”), online form, or an appointment at its main office (22 Reade Street, Manhattan) |
| NYS Division of Human Rights (DHR) | NYS Human Rights Law | 3 years from the most recent incident (acts on or after Feb 15, 2024) | 844-697-3471 (844-NYS-DHR1) or online |
| HUD Office of Fair Housing and Equal Opportunity | Fair Housing Act | 1 year after the practice occurred or ended | 1-800-669-9777, online or by mail |
| State or federal court | Any of the above | NYC law: 3 years; federal: 2 years (time at HUD excluded) | Usually with a lawyer |
For most NYC renters, CCHR is the natural first stop: its law covers the most classes, and for voucher denials its Source of Income Unit can contact the landlord or broker quickly while the apartment is still available. DHR is useful if you are past CCHR’s one-year window. HUD handles Fair Housing Act claims. If you’re unsure which fits, call any of them and ask the intake staff.
How to file, step by step
- 1
Write down what happened, today
Dates, names, addresses, exact words, and who else was there. Screenshot ads and save texts and emails off your phone.
- 2
Collect proof of the comparison
Discrimination is often shown by comparison: someone outside your group was treated better. A friend who asks about the same unit (a “tester”) can create that evidence.
- 3
Contact the agency
Call or use the online form. You don’t need a lawyer and filing is free. Note that submitting CCHR’s online report is not itself a formal complaint; the one-year clock keeps running until a verified complaint is signed and filed with its Law Enforcement Bureau, so don’t wait until the last weeks.
- 4
Cooperate with the investigation
Answer follow-up questions, share your documents, and tell the investigator if the landlord retaliates.
- 5
Understand possible outcomes
Remedies can include getting the apartment or a similar one, damages for out-of-pocket costs and emotional distress, attorney’s fees, policy changes and training. Under the NYC law, willful violations can carry civil penalties of up to $250,000.
Related guides by topic
- Vouchers and benefits: source-of-income discrimination
- Disability: requesting a reasonable accommodation and emotional support animals
- Criminal history: NYC Fair Chance Housing law
- Court history: can landlords reject you for a past Housing Court case?
- Domestic violence: ending a lease early due to domestic violence
- Harassment by a landlord to push you out: tenant harassment in NYC
Re-verified 2026-10-12. Fixed: NYC class count (CCHR lists 14 general + 5 housing-only classes, not 25+); HUD Sept 2025 notice does not say it will prioritize intentional-discrimination cases (it says it will deprioritize enforcement of withdrawn guidance), so that sentence was corrected and the notice added as a source; CCHR quick-intervention claim limited to source-of-income cases (documented on the CCHR SOI page); CCHR office wording matched to its Contact Us page (appointments; main office 22 Reade Street). Federal classes from 42 USC 3604 and DOJ FHA page; exemptions from 3603(b)-(c). NYS housing classes from Exec Law 296(5)(a)(1) on nysenate.gov; arrest record in housing from DHR Protected Characteristics page; NYS exemptions (owner-occupied two-family; owner-occupied rooms; same-sex rooms; 55+/62+) from 296(5)(a)(4). NYC classes (general list plus housing-only additions) from CCHR The Law page; NYC exemptions from CCHR December 2025 disability guidance quoting Admin Code 8-107(5)(a)(4). Deadlines: CCHR 1 year (3 for gender-based harassment), court 3 years; DHR 3 years for acts on/after 2/15/2024; HUD 1 year (3610), federal court 2 years (3613). Phone numbers from CCHR, DHR and HUD pages. Prior landlord-tenant case rule and $250,000 penalty from CCHR tenant FAQ.
Sources
- The Law: protected classes under the NYC Human Rights Law · NYC Commission on Human Rights (accessed October 12, 2026)
- Report Discrimination · NYC Commission on Human Rights (accessed October 12, 2026)
- Legal Enforcement Guidance on Discrimination on the Basis of Disability (December 2025), Part IV and housing exemptions · NYC Commission on Human Rights (accessed October 12, 2026)
- Executive Law § 296 (subdivision 5, housing) · New York State Senate (accessed October 12, 2026)
- Protected Characteristics · NYS Division of Human Rights (accessed October 12, 2026)
- File a Complaint · NYS Division of Human Rights (accessed October 12, 2026)
- 42 U.S.C. § 3604: Discrimination in the sale or rental of housing · Legal Information Institute (U.S. Code text) (accessed October 12, 2026)
- 42 U.S.C. § 3603: Exemptions · Legal Information Institute (U.S. Code text) (accessed October 12, 2026)
- 42 U.S.C. § 3610: Administrative enforcement (one-year complaint deadline) · Legal Information Institute (U.S. Code text) (accessed October 12, 2026)
- 42 U.S.C. § 3613: Enforcement by private persons (two-year deadline) · Legal Information Institute (U.S. Code text) (accessed October 12, 2026)
- The Fair Housing Act · U.S. Department of Justice (accessed October 12, 2026)
- Contact Us (main office and appointments) · NYC Commission on Human Rights (accessed October 12, 2026)
- Notice of Withdrawal of FHEO Guidance Documents (September 17, 2025) · U.S. Department of Housing and Urban Development (accessed October 12, 2026)
- Source of Income Discrimination (emergency interventions) · NYC Commission on Human Rights (accessed October 12, 2026)
- Report Housing Discrimination · U.S. Department of Housing and Urban Development (accessed October 12, 2026)
- Source of Income Discrimination: A Tenant Advocate’s FAQ (March 2023) · NYC Commission on Human Rights (accessed October 12, 2026)
General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.