If you’ve ever been told “we don’t accept Section 8” or had a landlord suddenly claim an apartment was rented the moment they learned you have a CityFHEPS voucher, you’ve likely experienced source of income discrimination — and in New York City, that’s illegal.
But a March 2026 court ruling has thrown some of these protections into confusion. Here’s what actually changed, what your rights still are, and what to do if a landlord turns you away because of your voucher.
What Is Source of Income Discrimination?
Source of income (SOI) discrimination is the practice of refusing to rent to tenants — or making discriminatory housing decisions — based on how they pay rent. Lawful sources of income protected under NYC law include:
- Section 8 Housing Choice Vouchers
- CityFHEPS (NYC’s local rental subsidy program)
- FHEPS (Family Eviction Prevention Supplement)
- HASA (HIV/AIDS Services Administration) housing subsidies
- SOTA (Special One-Time Assistance) program
- Other forms of public assistance income
In New York City, this type of discrimination has been illegal since 2008 under the NYC Human Rights Law. Most NYC rental properties — regardless of the number of units — are covered by these protections.
What the March 2026 Court Ruling Actually Did
In March 2026, a five-judge panel at the Appellate Division issued a unanimous ruling striking down the state-level source of income anti-discrimination law enacted as part of the Housing Stability and Tenant Protection Act (HSTPA) of 2019. The court found that requiring landlords to participate in the Section 8 program — which mandates building safety inspections and document access — constitutes an unconstitutional condition under the Fourth Amendment. The case arose from an Ithaca landlord who argued the program’s mandatory inspections amounted to warrantless searches.
The critical distinction: This ruling targeted New York State law, and it came from an upstate appellate department. New York City operates under a different appellate jurisdiction (the First Department). The NYC Commission on Human Rights has indicated that NYC’s own Human Rights Law — which has been in place since 2008 and covers a broader range of vouchers beyond just Section 8 — was not directly overturned by this decision.
As of April 2026, NYC’s source of income protections remain in effect. The CCHR is still accepting and investigating complaints. However, the ruling has created real-world uncertainty: some landlords may now feel emboldened to reject voucher holders, and enforcement of state law is murkier than before. Knowing your specific rights — and how to document violations — is more important now than it has been in years.
What Landlords Cannot Do Under NYC Law
Under the NYC Human Rights Law, landlords and brokers in New York City cannot:
- Refuse to rent to you because you have a housing voucher
- Advertise a unit as “no programs” or “no Section 8”
- Decline to show you an apartment because of your voucher
- Require a credit check if your voucher covers 100% of the rent (if you pay a portion out of pocket, credit may be reviewed on a case-by-case basis)
- Apply higher income requirements as a pretext to screen out voucher holders
These prohibitions apply equally to property owners, managing agents, and real estate brokers.
How to Document Discrimination When It Happens
If you suspect you’ve been turned down because of your voucher, documentation is everything. Here’s what to do in the moment:
Take screenshots immediately. If you see an ad that says “no vouchers,” “no programs,” or similar language, screenshot it right away. Listings are often removed quickly once a complaint is filed or shared publicly.
Keep a detailed log. Write down dates, times, names, and exactly what was said in every phone call or in-person interaction. Investigators rely heavily on contemporaneous notes.
Save every text and email. Don’t delete anything, even if the exchange seems minor. A pattern of communication can be as powerful as a single smoking-gun statement.
Apply in writing when possible. Email inquiries create a paper trail that phone calls don’t. If a broker calls you, follow up with a confirming email noting what was discussed.
How to File a Complaint
You have two main options for filing a source of income discrimination complaint in New York City, and both are free of charge.
NYC Commission on Human Rights (CCHR)
The CCHR is the primary enforcement body for the NYC Human Rights Law. You must file within one year of the last discriminatory act. The commission investigates, mediates, and can impose penalties on violators.
- Online: nyc.gov/cchr — Report Discrimination
- Phone: (212) 416-0197, or call 311 and ask for the NYC Commission on Human Rights
NYS Attorney General’s Office
The AG’s office also investigates source of income discrimination complaints.
Legal Aid Society
If you want free legal help navigating a complaint or are facing housing instability related to your voucher status:
Why This Matters More Than Ever in 2026
Housing vouchers are a lifeline for tens of thousands of New York families — but they only work if landlords actually accept them. Widespread SOI discrimination has long been one of the main reasons voucher holders struggle to use their subsidies before they expire. CityFHEPS vouchers, for instance, expire if not used within a set timeframe, and a landlord market that routinely rejects them accelerates that pressure on some of the city’s most vulnerable renters.
The March 2026 appellate ruling has given some landlords new perceived legal cover at the state level. That makes filing complaints — and documenting every incident — more impactful now than in prior years. Every filed complaint creates a public record and contributes to enforcement patterns that protect future tenants. The NYC fair housing complaint process is designed to be accessible, and the CCHR handles everything at no cost to you.
Action Steps
- If you have a voucher and are apartment hunting: Keep a written log of every application and landlord interaction. Note any statements about not accepting programs.
- If you were turned away: Screenshot any discriminatory ads and save all communications. File a complaint with CCHR within one year at nyc.gov/site/cchr or by calling (212) 416-0197.
- If you’re applying for a CityFHEPS voucher: Read our full guide to how CityFHEPS works in 2026 and how to apply.
- If you see a discriminatory listing: Screenshot it immediately and report it to CCHR. The ad may disappear before investigators can act — your screenshot is the evidence.
- If you need legal representation: Contact the Legal Aid Society at legalaidnyc.org or call 311 to ask for a housing attorney referral. Services are free for qualifying New Yorkers.
