Source of Income & Protected Classes - New York City
New York City, New York protects tenants and applicants from discrimination on the basis of source of income and other protected classes under the New York City Human Rights Law. This article summarizes where the protection applies, which city office enforces it, typical remedies and enforcement pathways, and practical steps to file complaints or seek relief in New York City.
Scope and Who Is Protected
The New York City Human Rights Law covers discrimination in housing, employment, public accommodations, and certain other areas. "Source of income" typically includes lawful sources such as wages, Social Security, public assistance, veterans benefits, and housing choice vouchers; protections apply when decisionmakers treat applicants or occupants differently because of their source of income.
Penalties & Enforcement
Enforcement of source-of-income and related protected-class claims in New York City is handled by the New York City Commission on Human Rights (the Commission). Remedies under the city law may include orders to cease discriminatory practices, damages, injunctive relief, and other administrative remedies imposed by the Commission or through subsequent court proceedings.
- Fine amounts: not specified on the cited page.
- Escalation: first, repeat, or continuing offence ranges are not specified on the cited page.
- Non-monetary sanctions: cease-and-desist orders, mandatory remedies, and injunctive relief may be ordered by the enforcing authority.
- Enforcer: New York City Commission on Human Rights; inspections and investigations are handled by Commission staff.
- Complaint pathways: file a complaint with the Commission (see Resources). The Commission accepts complaints and investigates potential violations.
- Appeals and review: specific appeal time limits and procedures are not specified on the cited page; complainants should consult the Commission for procedural timelines.
- Defences and discretion: legitimate nondiscriminatory reasons, reasonable accommodation or an approved variance may be asserted as defenses; availability depends on the facts and any applicable written policies.
Applications & Forms
The primary intake is the Commission on Human Rights complaint form (Human Rights Complaint Form). Fees are generally not required to file a complaint; submission methods include the Commission's intake portal, online form, or mailing a written complaint as provided by the Commission. For precise form names, links, and submission instructions, see the Resources below.
Common Violations and Typical Penalties
- Refusal to rent or sell housing because an applicant uses vouchers or public benefits.
- Advertising or policy statements that indicate a preference or limitation based on lawful source of income.
- Unequal treatment in application screening or enforcement of rules tied to source of income.
Action Steps
- Document the incident: keep emails, listings, messages, lease terms, and names of individuals involved.
- Contact the NYC Commission on Human Rights to request intake instructions and file a complaint.
- Preserve evidence of payment sources (vouchers, award letters) and any communications referencing source of income.
- If ordered remedies are issued, follow appeal instructions and deadlines provided by the Commission or counsel.
FAQ
- Does New York City prohibit discrimination based on source of income?
- Yes. The New York City Human Rights Law prohibits discrimination based on source of income in covered areas such as housing; enforcement is through the NYC Commission on Human Rights.
- Can a landlord refuse vouchers?
- No. A landlord's refusal to accept lawful housing vouchers on the basis of source of income may violate the city law; affected persons should document the refusal and file a complaint.
- How do I file a complaint?
- Gather supporting documents, then file with the NYC Commission on Human Rights through its complaint intake process; see Resources for the Commission intake page.
- Are there fines I must pay to file or to pursue enforcement?
- Filing a complaint typically does not require a fee; monetary penalties for proven violations are determined by the enforcing authority and are not specified on the cited page.
How-To
- Gather documentation: lease offers, messages, advertising, voucher letters and payment proofs.
- Contact the NYC Commission on Human Rights for intake instructions and submit the complaint form or online intake.
- Cooperate with the Commission investigation, provide requested evidence and witness information.
- If the Commission finds a violation, follow the remedy process and any directions for appeals or settlements.
Key Takeaways
- Source of income is a protected characteristic under New York City law for housing-related discrimination.
- The NYC Commission on Human Rights enforces these protections and handles complaints and investigations.
Help and Support / Resources
- NYC Commission on Human Rights - official site
- NYC Department of Housing Preservation and Development (HPD)
- NYC 311 - reporting and information