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Tenant rights

Source-of-income discrimination: is it happening to you?

Is a landlord or broker illegally refusing your Section 8, CityFHEPS or other voucher? Match what they said to NYC and NY law, then document and report it.

8 min read · Updated

If a landlord or broker in New York City refuses to rent to you, treats you differently, or puts up extra hurdles because you pay with a Section 8, CityFHEPS, HASA or other voucher or public benefit, that is illegal source-of-income discrimination under both the NYC and New York State human rights laws. It covers almost every rental, of any size, and it includes indirect tactics like income minimums applied to the full rent, guarantor demands and simply going silent.

Use the decision tree to match what you were told to the law, then document it and report it while the apartment is still available. This is general information, not legal advice.

At a glance

NYC law
Since 2008
NYC Human Rights Law, enforced by CCHR
NY State law
Signed April 12, 2019
Statewide; enforced by NYS DHR
Covers
All lawful income
Section 8, CityFHEPS, HASA, SSI, Social Security, child support, GI Bill housing allowances
Penalty (NYC)
Up to $250,000
Civil penalty per willful violation, plus damages
Report to CCHR
212-416-0197
Or call 311 and ask for “Human Rights”

Is it happening to you?

What the landlord or broker did

Step 1

What happened when you mentioned your voucher or income source?

What counts as a “lawful source of income”

Both laws define it broadly. CCHR lists Section 8, portable housing vouchers, security deposit vouchers, CityFHEPS, HASA, SSI, G.I. Bill housing allowances and all forms of public assistance. NY State’s guidance adds Social Security, child support, alimony, foster care subsidies, income from trusts (including special needs trusts) and one-time emergency grants. The federal Fair Housing Act does not list source of income, so in practice city and state law do the work here.

Scenarios mapped to the law

Common situations and how NYC and NY State treat them
What you hear or seeNYC Human Rights LawNYS Human Rights Law
Listing says “no programs” or “no Section 8”Illegal advertisingA violation by itself; DHR issues probable cause without more investigation
“We only take working Section 8”Evidence of discriminationIllegal; all lawful income must be treated equally
“We take Section 8 but not HASA”Illegal, even if one program has more paperworkAll vouchers and subsidies are covered
“There’s a separate waitlist for voucher holders”Illegal steeringDifferent terms or conditions are illegal
Must earn 40x the full rent despite an income-based voucherIllegal if the program approves the rentUnreasonable when 70–100% of rent is subsidized
Must have a guarantorIllegal for income-based vouchersNot named; the agency has already judged your ability to pay your share
Minimum 700 credit scoreEvidence of discrimination; credit can’t be used if voucher pays 100%Unreasonable when the agency pays 100%
“We don’t do inspections or agency paperwork”Must complete paperwork and pass inspections (existing tenants)Administrative burden is not a defense
Six months’ rent upfront, or a $200 application feeEvidence of discrimination; $20 fee capDeposits not due before move-in; $20 fee cap
Calls stop after you mention your voucherUse a tester; report quicklyNot responding can be a refusal
Repairs delayed or amenities denied because rent is subsidizedDifferent terms are illegalIllegal; same access to gym, storage, parking
Source: CCHR tenant and landlord FAQs (March 2023); NYS DHR source-of-income guidance

How to document it

  1. 1

    Capture the listing

  2. 2

    Keep every message

  3. 3

    Take notes on calls and visits

  4. 4

    Ask for reasons in writing

  5. 5

    Use a tester

How to report

Speed matters. CCHR asks people to report denials immediately while the unit is still available, because its Source of Income Unit can contact the landlord or broker directly through an emergency intervention, which has helped voucher holders get or keep housing.

Where to report source-of-income discrimination
AgencyContactDeadline
NYC Commission on Human Rights (CCHR)212-416-0197, 311 (“Human Rights”) or the online Report Discrimination form1 year from the discriminatory act
NYS Division of Human Rights (DHR)844-697-3471 (844-NYS-DHR1) or online3 years for acts on or after Feb 15, 2024

Filing with DHR is free and you don’t need a lawyer. If CCHR finds a violation, possible results include being offered the apartment or a similar one, damages for out-of-pocket costs and emotional distress, attorney’s fees, monitoring of the landlord, and a referral of licensed brokers to the state licensing division.

If you already live there and just got a voucher

Unless the landlord is exempt, it has to accept a voucher you get mid-tenancy: fill out the paperwork, allow the inspection and make any repairs the agency requires. It also can’t refuse payments from the program. “I’m not taking Section 8 for your unit, you need to move” is on CCHR’s list of discriminatory statements.

For other kinds of discrimination, such as race, disability or immigration status, see housing discrimination in NYC. If an application was denied for another reason, read apartment application denied?

Fact-checked October 12, 2026

Re-verified 2026-10-12 by reopening the CCHR tenant and landlord FAQs (March 2023), the CCHR SOI page and the DHR SOI guidance PDF. Fixed the NYS guarantor cell (DHR guidance does not mention guarantors; it says the vouchering agency has already determined ability to pay) and changed “Since April 12, 2019” to “Signed April 12, 2019”. NYC: covered income types, “sounds like” statements (no vouchers, waitlist, working Section 8 only, six months upfront), two exemptions, income/guarantor rule for income-based vouchers, credit rules (100% vs partial), $20 fee cap, preferring one program unlawful, documentation tips, tester tip, remedies and $250,000 penalty, 212-416-0197 — from CCHR March 2023 tenant and landlord FAQs and CCHR SOI page (illegal since 2008; 311 “Human Rights”). NYS: law signed April 12, 2019; covers all landlords regardless of size; existing tenants must be allowed inspections/paperwork; non-response and delays can be refusals; ads are per se violations; income formulas unreasonable when 70–100% is subsidized; administrative burden no excuse (Short v. Manhattan Apartments); exemption for owner-occupied two-family and owner-occupied rooming houses — from DHR SOI guidance. DHR deadline (3 years for acts on/after Feb 15 2024) and 844-697-3471 from DHR complaint page (the older SOI guidance PDF still says one year). The federal Fair Housing Act does not list source of income.

Sources

  1. Source of Income Discrimination: A Tenant Advocate’s FAQ (March 2023) · NYC Commission on Human Rights (accessed October 12, 2026)
  2. Best Practices for Housing Providers to Avoid Source of Income Discrimination (March 2023) · NYC Commission on Human Rights (accessed October 12, 2026)
  3. Source of Income Discrimination · NYC Commission on Human Rights (accessed October 12, 2026)
  4. Guidance on Protections from Source of Income Discrimination in Housing under the NYS Human Rights Law · NYS Division of Human Rights (accessed October 12, 2026)
  5. File a Complaint · NYS Division of Human Rights (accessed October 12, 2026)
  6. Report Discrimination · NYC Commission on Human Rights (accessed October 12, 2026)
  7. Executive Law § 296 · New York State Senate (accessed October 12, 2026)

General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.

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