Fair Housing Protected Classes in New York 2026

Source of Income, Section 8 / HCV Status in New York

All 15 Protected Classes in New York

Federal classes apply uniformly. The classes shaded green below are New York-specific additions under N.Y. Exec. Law § 296(5) (Human Rights Law).

Recent New York Statutory Activity

A8421/S6679 (2019) added lawful source of income covering Section 8 statewide.

If you own rental property in New York, the rule that surprises the most landlords is this: you cannot refuse an applicant simply because they pay rent with a Section 8 Housing Choice Voucher. Lawful source of income, including HCV, is a protected class statewide, not just in New York City or a handful of localities. Turning away "voucher holders," advertising "no Section 8," or quietly steering them elsewhere is unlawful discrimination across the entire state.

That protection sits inside N.Y. Exec. Law § 296(5) (Human Rights Law), enforced by the NY State Division of Human Rights. The statute reaches far beyond the seven federal classes, layering on eight additional categories that govern how you screen, advertise, and choose tenants. With statewide average rent around $1,466, the financial stakes of a single complaint, and the screening habits that trigger them, make these rules worth knowing cold.

The statute and who enforces it

New York's fair housing protections flow from N.Y. Exec. Law § 296(5) (Human Rights Law), the statewide anti-discrimination law that applies to nearly all rental housing. Complaints are investigated and prosecuted by the NY State Division of Human Rights, the state agency a rejected applicant can file with, often without hiring a lawyer or paying a fee.

This sits on top of the federal Fair Housing Act (42 U.S.C. § 3604), which bars discrimination based on race, color, national origin, religion, sex, disability, and familial status. New York landlords answer to both layers at once. Because the state agency has its own investigators, its own deadlines, and its own remedies, a New York tenant frequently has a faster, cheaper path to a finding than the federal route alone provides.

The eight classes New York adds beyond federal law

On top of the seven federal classes, the Human Rights Law protects eight more categories specific to New York:

• Sexual Orientation
• Gender Identity / Expression
• Marital Status
• Military Status
• Lawful Source of Income (including Housing Choice Vouchers)
• Citizenship / Immigration Status
• Age
• Domestic Violence Victim Status

Several of these routinely trip up small owners. Refusing an applicant because they are a single parent (marital status), because they served in the military, or because they survived domestic violence is unlawful here even though federal law is silent on those grounds. Citizenship and immigration status are likewise protected, so demanding proof of citizenship as a rental condition is a serious risk.

The 2019 source-of-income change every landlord should know

The single most consequential recent change is the addition of lawful source of income. A8421/S6679 (2019) added lawful source of income covering Section 8 statewide. Before that, voucher protection was patchy, strong in New York City, absent in much of the rest of the state. Now it is uniform from Buffalo to Long Island.

In practice, that means you may not advertise "no Section 8," refuse to accept a voucher's portion of rent, or impose extra hurdles on voucher holders that you don't impose on cash-paying tenants. You can still apply the same income, credit, and rental-history standards to everyone, but you cannot count the voucher itself against an applicant or refuse to deal with the housing authority. The voucher is income, full stop.

Screening and advertising traps that catch small landlords

Most New York fair-housing complaints don't come from overt bias, they come from sloppy screening and careless wording. The common traps: a listing that says "no vouchers" or "working professionals only"; an income rule that requires applicants to earn a multiple of rent without counting the voucher portion; asking about an applicant's marital status, immigration papers, or military discharge; or steering certain applicants toward specific units or buildings.

Protect yourself by writing one set of objective, written criteria, income, credit, references, and applying them identically to every applicant, with the voucher counted as income. Keep notes on why each applicant was approved or denied. Consistent, documented screening is the strongest defense against a complaint to the NY State Division of Human Rights.

The Cost of a Fair-Housing Violation

City-Level Eviction Risk in New York

Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:

Sources & Methodology

• Federal Fair Housing Act: 42 U.S.C. § 3604; 24 C.F.R. Part 100; 24 C.F.R. § 180.671 (civil penalties); HUD Memo Feb 11, 2021 (sex incl. SO/GI under Bostock).
• New York fair-housing statute: N.Y. Exec. Law § 296(5) (Human Rights Law).
• Source-of-income classification: Verified against state statute and major local ordinances. Marked "statewide" for New York.
• Recent statutory activity: A8421/S6679 (2019) added lawful source of income covering Section 8 statewide.

Related Guides for New York Landlords

This guide summarizes fair housing rules under N.Y. Exec. Law § 296(5) (Human Rights Law), enforced by the NY State Division of Human Rights, alongside the federal Fair Housing Act (42 U.S.C. § 3604). It is general information for educational purposes, not legal advice; for a specific situation, consult a qualified New York attorney or the enforcing agency. Last reviewed June 2026.

Frequently Asked Questions

Can a New York landlord refuse Section 8 or a Housing Choice Voucher?

No. Lawful source of income, including Section 8 / Housing Choice Vouchers, is a protected class statewide under N.Y. Exec. Law § 296(5). A landlord cannot reject an applicant, advertise "no Section 8," or refuse to work with the housing authority because the rent will be paid with a voucher. You may apply the same income, credit, and rental-history standards to all applicants, but the voucher itself must be treated as income.

How many protected classes does New York have?

New York protects the seven federal classes (race, color, national origin, religion, sex, disability, and familial status) plus eight more under the Human Rights Law: sexual orientation, gender identity/expression, marital status, military status, lawful source of income (including HCV), citizenship/immigration status, age, and domestic violence victim status, fifteen categories in all.

Are sexual orientation and gender identity protected in New York?

Yes. Both sexual orientation and gender identity/expression are expressly protected classes under N.Y. Exec. Law § 296(5). They are also covered federally: since 2021, HUD reads the Fair Housing Act's ban on "sex" discrimination, following the Supreme Court's Bostock decision, to include sexual orientation and gender identity. New York landlords are bound on both the state and federal level.

How is fair housing enforced in New York, and what are the penalties?

Complaints are filed with and investigated by the NY State Division of Human Rights, which can order remedies for violations of the Human Rights Law. A tenant may also pursue a claim under the federal Fair Housing Act, which carries federal civil penalties in addition to damages. Because New York offers both a state agency route and the federal route, landlords face exposure on two fronts from a single discriminatory act.

Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: N.Y. Exec. Law § 296(5) (Human Rights Law). Last updated August 28, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed New York attorney before making a screening, denial, or eviction decision.