NYC Fair Housing Rules for Landlords

When you rent in New York City, you cannot ask about, advertise around, or base any decision on a protected characteristic. That covers the seven federal classes and many more under state and city law, including lawful source of income (such as housing vouchers), immigration status, age, lawful occupation, the presence of children, and criminal record. Ask only about what predicts whether someone can meet the lease: income, rental history, and the application criteria you apply to everyone.

Three layers of law apply at once: the federal Fair Housing Act, the New York State Human Rights Law (Executive Law §296) and the New York City Human Rights Law (Admin. Code Title 8). The strictest rule wins, and in NYC that is usually the city law.

Protected classes by law

If a characteristic appears in any column, treat it as off-limits for a NYC rental. Wording differs between laws (for example, federal law says “handicap” and “familial status,” the city says “disability” and “presence of children”).

A dash means that law does not list the class for housing; another law in the table still protects it in NYC. Two classes have their own Roofy guides for owners: source of income and criminal history under the Fair Chance Housing law.

What you can’t say in listings

Federal law bans any notice, statement or advertisement for a rental that indicates a preference, limitation or discrimination based on a protected class (42 U.S.C. §3604(c)). The NYC law similarly bans any statement, advertisement or publication that expresses, directly or indirectly, a limitation or specification based on a protected class.

These are illustrations of the principle, not a safe-harbor list. Describe the property and the objective criteria, not the person you picture living there.

What you can’t ask applicants

The NYC law also makes it unlawful to use an application form, or make any record or inquiry, that expresses a limitation based on a protected class. The Commission’s guidance says applications should focus on the applicant’s ability to meet the requirements of the tenancy. In practice:

• Don’t ask about disabilities, medications, or medical history (narrow exceptions exist for housing legally reserved for people with disabilities).
• Don’t ask about pregnancy, plans for children, marital or partnership status, religion, or national origin.
• Don’t ask about immigration status or require a particular type of ID that only citizens have.
• Don’t ask where income comes from in order to screen out vouchers or benefits. Count all lawful income the same way.
• Criminal record is a protected class in NYC housing. Follow the Fair Chance Housing law’s process before you consider any criminal history.
• Do apply the same written criteria (income, credit, references) to everyone, keep records of how you applied them, and follow New York tenant screening rules.

Reasonable accommodation and modification requests

All three laws require you to make reasonable accommodations in rules, policies, practices or services when a person with a disability needs them to use and enjoy the home. New York State law says this includes allowing an animal as an accommodation. The city law goes further than federal law in two ways that matter to owners:

• Who pays. Under federal law, a tenant can be required to pay for modifications to the premises. The Commission says that under the NYC law the housing provider bears the cost of a reasonable accommodation unless it shows undue hardship, cannot pass the cost on through a fee or rent increase, and cannot require the tenant to restore the unit at move-out. Condo and co-op owners do not have to pay for modifications inside other owners’ units, and a condo unit owner or co-op shareholder can be required to pay for an accommodation inside their own unit.
• Process. You must engage in a cooperative dialogue with anyone who requests an accommodation, or who you know may need one, and end it with a written final determination naming what was granted or denied. Skipping either step is a standalone violation.

1. 1

   Log the request

   Write down the date, who asked and what was asked, however the request reached you.
2. 2

   Start the dialogue promptly

   Discuss the need and possible options. Keep any questions about the disability limited to what is needed to evaluate the request.
3. 3

   Consider alternatives in good faith

   If the exact request would be an undue hardship, explore other ways to meet the need (for example, an accessible alternative entrance).
4. 4

   Give a written final determination

   State which accommodations are granted or denied.
5. 5

   Don’t charge for it

   Service and emotional support animals are not pets: make exceptions to no-pet rules and pet fees unless that would be an undue hardship. Do not charge a fee or raise the rent to recover the cost of an accommodation.

More detail from the tenant side is in how to request a reasonable accommodation and emotional support animals in rental housing.

The small owner-occupied exemption is narrower than you think

If a complaint is filed

Applicants and tenants can file with the NYC Commission on Human Rights within one year of the last discriminatory act (three years for gender-based harassment), with the NYS Division of Human Rights, or with HUD under federal law. Retaliating against someone for complaining or taking part in an investigation is itself unlawful. Keep your screening criteria, listing copies, communications and accommodation files; they are your evidence. Tenants can see the process in housing discrimination in NYC.