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 1What 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
| What you hear or see | NYC Human Rights Law | NYS Human Rights Law |
|---|---|---|
| Listing says “no programs” or “no Section 8” | Illegal advertising | A violation by itself; DHR issues probable cause without more investigation |
| “We only take working Section 8” | Evidence of discrimination | Illegal; all lawful income must be treated equally |
| “We take Section 8 but not HASA” | Illegal, even if one program has more paperwork | All vouchers and subsidies are covered |
| “There’s a separate waitlist for voucher holders” | Illegal steering | Different terms or conditions are illegal |
| Must earn 40x the full rent despite an income-based voucher | Illegal if the program approves the rent | Unreasonable when 70–100% of rent is subsidized |
| Must have a guarantor | Illegal for income-based vouchers | Not named; the agency has already judged your ability to pay your share |
| Minimum 700 credit score | Evidence 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 fee | Evidence of discrimination; $20 fee cap | Deposits not due before move-in; $20 fee cap |
| Calls stop after you mention your voucher | Use a tester; report quickly | Not responding can be a refusal |
| Repairs delayed or amenities denied because rent is subsidized | Different terms are illegal | Illegal; same access to gym, storage, parking |
How to document it
- 1
Capture the listing
Screenshot or photograph the ad right away, including the URL, date and agent name.
- 2
Keep every message
Save texts and emails somewhere other than your phone, such as a forwarded email account.
- 3
Take notes on calls and visits
Write down the date, time, who you spoke with and their exact words. CCHR notes that New York allows you to record a conversation you are part of; other states differ, so ask a lawyer if unsure.
- 4
Ask for reasons in writing
If you are rejected, ask for a letter explaining why and a copy of any background or credit report used.
- 5
Use a tester
Have a friend with employment income ask about the same unit. If the agent moves forward with them after telling you it was gone, that is evidence.
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.
| Agency | Contact | Deadline |
|---|---|---|
| NYC Commission on Human Rights (CCHR) | 212-416-0197, 311 (“Human Rights”) or the online Report Discrimination form | 1 year from the discriminatory act |
| NYS Division of Human Rights (DHR) | 844-697-3471 (844-NYS-DHR1) or online | 3 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?
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
- Source of Income Discrimination: A Tenant Advocate’s FAQ (March 2023) · NYC Commission on Human Rights (accessed October 12, 2026)
- Best Practices for Housing Providers to Avoid Source of Income Discrimination (March 2023) · NYC Commission on Human Rights (accessed October 12, 2026)
- Source of Income Discrimination · NYC Commission on Human Rights (accessed October 12, 2026)
- 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)
- File a Complaint · NYS Division of Human Rights (accessed October 12, 2026)
- Report Discrimination · NYC Commission on Human Rights (accessed October 12, 2026)
- 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.