Housing discrimination is illegal in New York City under federal, state, and local law — and NYC’s protections are among the broadest in the country. If a landlord, broker, or lender has treated you differently because of your race, national origin, religion, disability, gender, sexual orientation, source of income, or any other protected characteristic, you have the right to file a complaint and seek remedies. This guide explains what constitutes illegal discrimination, how to file, and what you can recover.
What Is Illegal Housing Discrimination in NYC?
Housing discrimination occurs when someone treats you differently in a housing transaction because of a protected characteristic. It is illegal at every stage: applying for housing, being shown units, setting rental terms, accessing services, and in the sale or financing of property.
Protected Characteristics Under NYC Law
The NYC Human Rights Law covers more protected classes than federal or state law. In NYC, it is illegal to discriminate in housing based on:
- Race, color, creed, national origin, or ethnicity
- Gender, gender identity, and gender expression
- Sexual orientation
- Disability (physical or mental)
- Age
- Religion or religious practice
- Marital status or partnership status
- Family status (having children)
- Lawful source of income — this includes housing vouchers (Section 8, CityFHEPS), public assistance, disability benefits, and other lawful income sources
- Immigration status (in NYC)
- Occupation
- Citizenship status
- Arrest or conviction record (with significant limitations)
What Counts as Discrimination?
- Refusing to rent or sell based on a protected characteristic
- Steering — directing people to certain neighborhoods or buildings based on protected characteristics
- Differential treatment — offering different terms, conditions, or privileges (higher rent, stricter requirements) based on protected characteristics
- Refusal to accept housing vouchers — a landlord who refuses to rent to you because you have a Section 8 or CityFHEPS voucher is violating NYC’s source of income protections
- Discriminatory advertising — listings that signal preference or restriction based on protected characteristics
- Harassment based on a protected characteristic
- Failure to provide reasonable accommodation for a disability
Source of Income Discrimination: A Major NYC Issue
One of the most common forms of housing discrimination in NYC is refusing to accept housing vouchers. When a landlord advertises “no vouchers,” “no Section 8,” or declines your application because you have a CityFHEPS or other voucher, that is illegal under the NYC Human Rights Law. You can file a complaint and the landlord can face significant civil penalties.
If you believe a landlord refused to rent to you because of your voucher, document everything: save the listing, your communications with the landlord, and any written or verbal statements about not accepting vouchers.
How to File a Housing Discrimination Complaint in NYC
Option 1: NYC Commission on Human Rights (Best for NYC)
The NYC Commission on Human Rights (CCHR) enforces the NYC Human Rights Law — which is stronger than federal law. File online at nyc.gov/humanrights or call (212) 416-0197. You can also walk in to 22 Reade Street, Manhattan, or a borough office.
Time limit: One year from the discriminatory act under the NYC Human Rights Law (three years for some claims in civil court).
The CCHR investigates your complaint, attempts mediation, and if the case proceeds to a hearing, can award:
- Compensatory damages (actual losses you suffered)
- Civil penalties up to $250,000 for particularly egregious discrimination
- Emotional distress damages
- Injunctive relief (requiring the landlord to change their practices)
Option 2: HUD Fair Housing Complaint
File with the U.S. Department of Housing and Urban Development at hud.gov/fairhousing or call 1-800-669-9777.
Time limit: One year from the discriminatory act.
HUD investigates and can refer cases for administrative hearings or civil court proceedings. The Fair Housing Act covers race, color, national origin, religion, sex, disability, and familial status — fewer categories than NYC law, which is why the CCHR is often a stronger forum for NYC residents.
Option 3: File in Court
You can bring a private lawsuit in state or federal court. The NYC Human Rights Law has a three-year statute of limitations for private court actions, allowing for compensatory damages, punitive damages, and attorney’s fees. Legal Aid Society and Lawyers’ Committee for Civil Rights Under Law can assist with discrimination lawsuits.
Document Everything
Strong discrimination complaints are built on documentation. From the moment you suspect discrimination:
- Save all communications — emails, texts, listing screenshots, voicemails
- Write down exactly what was said, with dates, times, and names
- Note if other applicants of a different background were treated differently (if you observed this)
- Keep a copy of the listing as it appeared when you applied
- Save all written correspondence about your application or rental inquiry
Free Help
- NYC Commission on Human Rights: (212) 416-0197 — nyc.gov/humanrights
- Fair Housing Justice Center: fairhousingjustice.org — (212) 400-8201 — investigation and testing
- Legal Aid Society: (212) 577-3300
- HUD Fair Housing: 1-800-669-9777
- Lawyers’ Committee for Civil Rights Under Law: lawyerscommittee.org
Frequently Asked Questions
A landlord said “no Section 8” in their listing. Is that legal in NYC?
No. Refusing to accept housing vouchers including Section 8 and CityFHEPS is illegal under NYC’s source of income protections. File a complaint with the NYC Commission on Human Rights at (212) 416-0197 or nyc.gov/humanrights.
I think I was denied an apartment because of my race. How do I prove it?
You don’t need to prove intent — discriminatory effect is enough under NYC law. Document the denial and your qualifications (income, credit, references). If similarly qualified people of a different race were treated differently, that pattern supports your complaint. The Fair Housing Justice Center conducts testing to identify discriminatory practices — contact them at (212) 400-8201.
Can a landlord run a credit check and deny me based on my record?
Credit checks are generally permitted. However, blanket policies that reject all applicants with any criminal record may violate NYC’s human rights law regarding criminal history. Under NYC’s Fair Chance for Housing Act, most landlords cannot ask about criminal history until after a conditional offer of housing has been made. Consult the NYC Commission on Human Rights for guidance on your specific situation.
I was harassed by my landlord because of my national origin. Is that housing discrimination?
Yes. Harassment based on national origin is a form of housing discrimination under the NYC Human Rights Law and the Fair Housing Act. File a complaint with the NYC Commission on Human Rights and consider filing a harassment petition in housing court as well.
