Fair Housing Information

WHAT ARE FAIR HOUSING LAWS?

A:  Federal, New York State and local laws protect people from discrimination and ensure that all people have equal access to housing opportunities. The federal Fair Housing Act and New York State Human Rights Law make it illegal for housing providers and lenders to discriminate. Housing discrimination also includes the refusal to make reasonable accommodations or modifications for people with disabilities, or failure to build certain multi-family housing so that it is accessible to people with disabilities.

WHO IS PROTECTED UNDER FEDERAL AND NEW YORK STATE LAWS?

A:  The federal Fair Housing Act states that a person may not be discriminated against because of their race, color, religion, national origin, sex, disability or familial status (including families with minor children, pregnant women and adults in the process of obtaining custody of a minor child). In addition, the New York State Human Rights Law provides additional protection based on: age, marital status, military status, sexual orientation, lawful source of income, domestic violence status, gender identity or expression, arrest record resolved in complainants favor, and citizenship/immigration status.

WHAT TYPE OF HOUSING IS COVERED?

A:  In New York State, almost all types of housing with three or more units are covered. Including but not limited to: condominiums, apartment buildings, assisted living projects, public housing authorities, HOPE VI projects, transitional housing, and SROs (single room occupancy units) designed for more than overnight stays, homeless shelters used as a residence, cooperatives, and hospices.

There are limited main exceptions:

• Owner-occupied, two-family dwellings
• Owner-occupied room rentals
• Rental of all rooms to individuals of the same sex
• Senior citizen housing that falls under the specific exemptions in the Law, with respect to age and familial status only
• Religious institutions may limit to members of their religion

WHO MUST OBEY THE LAW?

A:  Everyone who provides housing or lending for housing, including: 

• Landlords
• Real estate operators, brokers and agents
• Savings & loan associations, mortgage lenders, banks, or other financial institutions
• Apartment managers
• Rental agents
• Builders, contractors and developers
• Homeowners advertising and selling their own home
• Caretakers and janitors
• Condo and townhome owners associations
• Government Agencies
• Appraisers
• Superintendents and porters

ARE THERE ACCESSIBILITY STANDARDS IN NEW YORK STATE?

A:  In general, properties that were built after 1991 with four or more units and that have an elevator are required to be built in a manner that is accessible to persons with disabilities including: having an accessible entrance and exit route; usable public and common areas; doors and hallways that are wide enough for wheelchairs; providing an accessible route through the unit; placement of environmental controls (light switches, electrical outlets, thermostats) in a manner to be accessible, providing reinforced bathroom walls for easy installation of grab bars, and kitchen and bathrooms that can be used by people in wheelchairs.

Detached single family homes that are funded in any way by federal, state, or local funds may also be required to be accessible under Section 504 of the Rehabilitation Act and Title II of the ADA, which have additional requirements.

For more information, go here

WHAT ARE REASONABLE ACCOMODATIONS FOR PEOPLE WITH DISABILITIES?

A:  A reasonable accommodation is a change in rules, policies, or practices that may be necessary to enable a person with a disability an equal opportunity to use or enjoy a dwelling, such as assistance in filling out a rental application or allowing a unit transfer. The Fair Housing Act requires that housing providers must "make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling."  One example of a common reasonable accommodation is the waiver of a "no pets" policy for an individual with a disability who requires an animal because of his, her or their disability. There are narrow and specific reasons that a request for reasonable accommodation may be denied.  

For more information and resources, visit the NYS Division of Human Rights

DOES THE TENANT PAY FOR A REASONABLE ACCOMMODATION?

A:  If housing was built prior to 1991, landlords must allow residents with disabilities who wish to renovate or change their units to do so. However, residents must pay for any modifications and may also be required to pay for removing the modification and restoring the unit to its original state. Other local laws or regulations may apply that may require the housing provider to pay for reasonable modification.

WHAT ARE UNLAWFUL ACTIVITIES?

A:  The fair housing laws apply to the sale or rental of housing and also to mortgage and insurance lending. Some examples include:

Refuse to rent, sell or negotiate for housing or lending services.
Discriminate in terms, conditions, privileges or services.
Including:

• Steering people to certain neighborhoods based on their race and the racial or ethnic make-up of the neighborhood.
• Charging higher rental fees or security deposits.
• Segregating residents in an apartment complex by restricting their options to particular buildings or certain floors based on race, familial status or other protected classes.

Make print or publish discriminatory statements or advertisements.
Including:

• Ads which state: “no children,” “adults preferred,” “mature couples only”.
• Oral statements which are discriminatory in nature such as “We don’t want children on the second floor”.

Make false representations about the availability of dwellings.
Interfere, coerce, or intimidate:
Including:

• Against those exercising a fair housing right or those aiding others in exercising their fair housing rights
• Against a protected class of residents, visitors or associates.
• In an effort to deny or limit fair housing rights.
• As retaliation against those making fair housing complaints.

Refuse to make reasonable accommodations for a person with a disability.
Refuse to make a reasonable modification to a dwelling or common area if necessary for a person with disability to use the housing.
Fail to design and construct multi-family housing (post 1991) that is accessible for persons with disabilities.
Discriminate when providing financing.
Including:

• Home mortgages, as well as any loan that is secured by residential real estate, such as home equity lines of credit.
• Charging more points, higher interest rates, or different terms based on a person’s protected class membership.
• Predatory lending or the practice of providing loans at highly inflated interest rates and disadvantageous terms, when the loans are targeted to protected class members or neighborhoods.

Deny access to brokerage services.
Discriminate in the provision of homeowner’s insurance.
Including:

• Refusing to provide homeowner’s insurance on the basis of the applicant’s membership in a protected class, or because the home for which the insurance is sought is in a racially or ethnically diverse neighborhood (redlining).
• Providing different types of policies, or applying different terms and conditions.

WHAT SHOULD I DO IF I BELIEVE I HAVE BEEN TREATED UNLAWFULLY?

A:  You can file a discrimination complaint with many different government agencies, private fair housing organizations and non-profit fair housing enforcement organizations seeking damages, the housing in question, and other appropriate relief such as a promise from the housing provider not to discriminate. You can also file a complaint on your own.

New York State Division of Human Rights
One Fordham Plaza, 4th Floor
Bronx, New York 10458
718-741-8300 (voice)
718-741-8300 (TDD)

Office of the Attorney General 
Civil Rights Bureau
120 Broadway
New York, New York 10271
212-416-8250 (voice)
800-788-9898 (TDD)
[email protected]

What if I Believe I am a Victim of Discrimination?

A: Federal and/or NYS law prohibits housing discrimination based on your race, color, national origin, religion, sex, familial status,disability, age, marital status, domestic violence victim status,pregnancy-related condition, gender identity or expression, certain prior arrest or conviction records, predisposing genetic characteristics, citizenship or immigration status and lawful source of income.

You can file a discrimination complaint by contacting one of the government agencies below and/or reach out to a fair housing testing organization that may send trained testers to determine whether discrimination is occurring.

New York State
Division of Human Rights
One Fordham Plaza
4th Floor
Bronx, New York 10458
Toll free (888) 392-3644
TDD/TTY (718) 741-8300
Website: https://www.dhr.ny.gov/
Complaint Form

Civil Rights Bureau of the New York State Attorney General’s Office
Office of the Attorney General
The Capitol
Albany, NY 12224-0341
(800) 771-7755 or (212) 416-8250
https://ag.ny.gov/bureau/civil-rights
Email-[email protected].

Local human rights commissions, such as the NYC Commission on Human Rights, also accept fair housing complaints.

Fair Housing Testing Organizations

These organizations are funded by NYSHCR to conduct fair housing testing to determine whether discrimination has occurred or is occurring.

Westchester Residential Opportunities, Inc.
470 Mamaroneck Avenue, Suite 410
White Plains, NY 10605
Tel : 914-428-4507
 

Fair Housing Justice Center
30-30 Northern Blvd #302,
Long Island City, NY 11101
Tel: (212) 400-8201
 

Long Island Housing Services
640 Johnson Ave., Suite 8, 
Bohemia, NY 11716-2624 
Tel (Suffolk): 631-567-5111 
Tel (Nassau): 516-292-0400 
 

CNY Fair Housing
731 James St, Suite 200
Syracuse, NY 13203
Tel (315) 471-0420
[email protected]
 

Legal Assistance of Western New York
Rochester Office: (585) 325-2520
Geneva Office: (315) 781-1465
Bath Office: (607) 776-4126
Elmira Office: (607) 734-1647
Ithaca Office: (607) 273-3667
Jamestown Office: (716) 664-4535
Olean Office: (716) 373-4701
 

Housing Opportunities Made Equal
1542 Main Street (at Ferry)
Buffalo, NY 14209
Tel: 716.854.1400

Immigration Status, Housing Discrimination and Tenant Harassment Frequently Asked Questions

What is housing discrimination?

Under the New York State Human Rights Law, it is illegal to (1) refuse to rent, sell, lease, finance, insure, negotiate, or otherwise deny or withhold a housing accommodation on the basis of certain protected characteristics; (2) set different terms or conditions or provide unequal services on the basis of certain protected characteristics; (3) refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling; (4) make, print, publish or circulate discriminatory statements or advertisements; (5) make false representations about the availability of dwellings on the basis of certain protected characteristics; (6) interfere, coerce or intimidate those seeking to exercise their rights; (7)  refuse to make or provide information for a loan or impose different terms or conditions for a loan on the basis of certain protected characteristics; (7) harass, threaten, intimidate or coerce anyone on the basis of a protected characteristic; and (8) retaliate against someone for seeking to redress their rights.

Am I covered by the New York State Human Rights Law, regardless of my immigration status?

Yes. All New Yorkers are protected from discrimination on the basis of certain protected characteristics by the New York State Human Rights Law (“NYSHRL”), regardless of their immigration status. Various localities may also have their own laws that provide additional protections. One or more of these state and local laws protect you from discrimination based on a number of protected characteristics including national origin, race, creed/religion, color, disability, gender identity or expression, sexual orientation, military status, age, sex, marital status, status as a victim of domestic violence, lawful source of income, pending arrests or certain convictions resolved in the person’s favor or familial status. In December 2022, New York State added “citizenship or immigration status” as a protected class to the NYSHRL. The term “citizenship or immigration status” is defined as the citizenship of any person or the immigration status of any person who is not a citizen of the United States. Immigration or citizenship status is also protected under the New York City Human Rights Law.

[Please note: The NYSHRL does not preclude verification of citizenship or immigration status where required by law. Additionally, the NYSHRL does not preclude an adverse action based on verification of citizenship or immigration status be prohibited where such adverse action is required by law. See NY CLS Exec § 292 (2025).]

For example:

If a landlord refuses to repair your apartment because you are of Mexican origin, this in violation of the law. Your landlord must abide by the duty to maintain the warranty of habitability regardless of your national origin or immigration status.

If a landlord charged you a different amount for rent or a higher security deposit because of your immigration status, that is illegal under at least New York State law.

What is tenant harassment?

New York State law and some local laws prohibit the harassment of a tenant by a landlord and/or the landlord’s agent(s). For example, the Rent Stabilization Law and New York City local laws make it illegal for a landlord or any person acting on the landlord’s behalf to take action which is intended to interfere with or disturb the comfort, peace, repose or quiet enjoyment of a tenant, or is intended to cause the tenant to vacate such housing accommodation or to surrender or waive any rights of such tenant under the tenant’s written lease or other rental agreement. For example: If a landlord takes actions in order to get you to vacate your apartment such as banging on your door, turning off your heat in winter, or verbally abusing you, this is illegal tenant harassment.

Am I protected from tenant harassment, regardless of my immigration status?

Yes. You are protected from tenant harassment under various housing laws that may apply. For example, the rent stabilization law protects you, regardless of your immigration status, so long as you are in a rent-regulated apartment. Additionally, if you are a rent stabilized tenant, it is illegal for your landlord to require your immigration status information or a Social Security Number as a condition to renewing your lease.

[Please note: The NYSHRL does not preclude verification of citizenship or immigration status where required by law. Additionally, the NYSHRL does not preclude an adverse action based on verification of citizenship or immigration status where such adverse action is required by law. See NY CLS Exec § 292 (2025).]

To find out if you are in a rent-regulated unit, contact NYS Homes and Community Renewal at the number below. For other inquiries and if you seek legal advice, you may wish to contact your local legal services provider.

What is national origin discrimination?

National origin discrimination refers to prohibited housing discrimination because of your ancestry, ethnicity or birthplace. New York State fair housing laws prohibit national origin discrimination. Someone cannot deny you housing opportunities because you or your family is from a different country.

Who should I contact if I believe I have been a victim of housing discrimination?

If you believe you have been a victim of discrimination, you can file a complaint by contacting:

New York State Division of Human Rights

Toll free (888) 392-3644

TDD/TTY (718) 741-8307

Fair Housing: (844) 862-8703

Home Page: https://www.dhr.ny.gov/

File a Complaint: https://dhr.ny.gov/complaint

Other resources for filing a complaint are available here

Who should I contact if I believe I have been a victim of tenant harassment?

If you live in a rent-regulated unit and believe you have been a victim of tenant harassment, please reach out to:

NYS Homes & Community Renewal Tenant Protection Unit

Home Page: https://hcr.ny.gov/tenant-protection-unit

If you do not live in a rent-regulated unit and believe you have been a victim of tenant harassment, please contact your local legal services provider.

Reasonable Accommodation Policies For Assistance Animals

• HCR Guidance Regarding Fair Housing Protections for Persons with Assistance Animals, December 2017
• Questions and Answers on Fair Housing Laws and Assistance Animals

Your Rights in Applying to New York State-Funded Housing

• Visit this link

General Fair Housing Training for New York State