Fair Housing in New York: Federal, State, and NYC Protections Every Licensee Must Know

NY has the broadest fair housing protections in the country. The exam tests federal AND state protected classes — students who only study the federal list lose easy points.

Federal Fair Housing Act (1968 + amendments)

The Federal Fair Housing Act protects against discrimination based on seven classes:

1. Race
2. Color
3. Religion
4. National origin
5. Sex (includes gender identity and sexual orientation under recent HUD guidance)
6. Familial status (presence of children under 18; pregnant women)
7. Disability

Memorize this list. The exam asks about it repeatedly.

New York State adds substantially more

The NY State Human Rights Law (Executive Law §296) protects all federal classes plus:

• Age
• Marital status
• Military status
• Sexual orientation (independent of federal)
• Gender identity or expression (independent of federal)
• Domestic violence victim status
• Lawful source of income (covered separately below — heavily tested)
• Citizenship or immigration status
• Status as a victim of domestic violence

NYC adds even more

The NYC Human Rights Law (NYC Administrative Code §8-101) goes further than state law. Additional protected classes in the five boroughs include:

• Lawful occupation
• Partnership status
• Status as a veteran or active military member
• Status as a survivor of domestic violence, sex offenses, or stalking
• Caregiver status
• Credit history (limited contexts)

If the exam mentions a property in NYC, all three layers apply: federal + state + city.

Source of income protection (NY-specific, heavily tested)

NY State (and stricter local versions in NYC and elsewhere) prohibits housing discrimination based on the lawful source of a person’s income. That includes:

• Social Security or SSI
• Disability benefits
• Veterans benefits
• Public assistance (welfare, TANF)
• Section 8 / Housing Choice vouchers
• NYC FHEPS / CityFHEPS rental assistance
• Child support payments
• Spousal maintenance / alimony

A landlord cannot refuse to rent because the applicant uses a voucher, requires three months’ rent upfront only from voucher holders, advertise “no Section 8,” or steer voucher applicants to certain buildings.

Prohibited practices to recognize

• Steering — directing buyers or renters to or away from a neighborhood based on a protected class.
• Blockbusting (also called panic peddling) — inducing owners to sell by suggesting the racial, ethnic, or religious composition of the area is changing.
• Redlining — refusing to lend, insure, or do business in a neighborhood based on its racial composition.
• Refusal to deal — declining to negotiate, show, sell, or rent because of a protected class.
• Discriminatory advertising — any ad expressing a preference, limitation, or discrimination based on a protected class.
• Different terms — quoting different prices, deposits, or conditions based on a protected class.
• Misrepresentation of availability — telling a member of a protected class that a unit is unavailable when it is.

Limited exceptions

The federal Fair Housing Act includes a few narrow exemptions:

• The “Mrs. Murphy” exception: owner-occupied buildings of 4 or fewer units
• Single-family homes sold or rented without a broker (FSBO)
• Religious organizations renting to members
• Private clubs renting to members

NY State law is stricter and does NOT recognize most of these exceptions. The Mrs. Murphy exemption does not apply in NY for most protected classes. Familial status protections apply in virtually all cases.

Fair housing in advertising

Advertising must focus on the property and amenities, not the buyer or tenant. Avoid:

• “Ideal for young couples”
• “Christian community”
• “No children”
• “English-speaking only”
• “No Section 8” or “No vouchers”
• “Walk-up only” (may disadvantage disabled applicants — describe the property instead: “fourth-floor walk-up, no elevator”)

Safe alternatives describe the property: bedroom count, amenities, location, square footage.

Enforcement

Aggrieved persons can file complaints with:

• HUD (federal) — within 1 year of the discriminatory act
• NY State Division of Human Rights — within 1 year (3 years for sexual harassment in housing)
• NYC Commission on Human Rights — within 1 year, for incidents in NYC
• Federal court directly — within 2 years of the discriminatory act

Damages can include actual losses, attorney’s fees, punitive damages, and civil penalties. License violations are also referred to NY DOS for disciplinary action — fines, suspension, or revocation.