Source of Income Discrimination in NYC: Your Rights and How to Fight Back

Since 2008, NYC Human Rights Law § 8-107(5) has made it illegal for landlords, brokers, and property managers in NYC to discriminate against tenants based on their lawful source of income. This is one of the strongest source-of-income protections in the country — and it''s often violated. This guide explains what the law actually says, how to recognize when you''re being discriminated against, what to do about it, and what remedies are available when you win.

What this guide covers: Source-of-income discrimination specifically. For broader voucher rights (warranty of habitability, reasonable accommodation, lease protections), see our companion guide on your rights as a NYC voucher holder.

What the Law Says

The NYC Human Rights Law makes it unlawful for any owner, lessor, broker, or property manager to refuse to rent or otherwise discriminate against a person because of their "lawful source of income."

The statute is enforced by the NYC Commission on Human Rights (CCHR) and covers virtually all rental housing in NYC, with very limited exceptions:

• Owner-occupied buildings with two or fewer units are exempt
• Roommates and similar small private arrangements are exempt
• Religious organizations in narrow circumstances may have limited exemptions

If you''re renting from a typical landlord (large building, professional management, brokerage company, small landlord with three or more units), source-of-income protections apply.

What counts as a protected "lawful source of income"

The law''s scope is broad. Protected sources include but are not limited to:

• Section 8 (Housing Choice Voucher) — federal
• CityFHEPS — NYC program for homeless and at-risk families
• FHEPS — NYC program for families with children at imminent risk
• HASA — for NYC residents with HIV/AIDS
• HUD-VASH — for veterans
• SCRIE/DRIE — rent freeze for seniors and disabled tenants
• Social Security and SSI
• Veterans benefits
• Public assistance (cash assistance, SNAP)
• Unemployment insurance
• Workers compensation
• Pension and retirement income
• Child support and alimony
• Disability income
• Federal earned income tax credit
• Income from family or trust support
• Any other lawful source of income

This means a landlord cannot refuse to rent to someone because they receive any of these — including Social Security retirees, disabled adults on SSI, veterans, and many other groups, not just voucher holders.

What Landlords Cannot Legally Do

The law covers a wide range of conduct:

Refuse to rent

The simplest violation: "We don''t accept Section 8" or "We don''t take vouchers." Whether stated verbally, written in a listing, or implied by behavior, this is illegal.

Discriminatory advertising

Listings cannot state "no programs," "no vouchers," "no Section 8," "must have full-time job," or similar language that excludes voucher holders. Even ambiguous language ("must have proof of income equal to 40x monthly rent") can be discriminatory when applied selectively.

Charge different terms

A landlord cannot legally charge a voucher holder a higher rent, a higher security deposit, a higher application fee, or any other different fee than they would charge a market-rate applicant.

Apply different screening standards

A landlord cannot require voucher holders to have higher credit scores, more references, longer rental history, or more documentation than non-voucher applicants. The screening criteria must be the same.

"Phantom listing" treatment

Many discrimination cases involve landlords who keep listings active but stop responding to inquiries once they learn the applicant has a voucher. This pattern is illegal even if the landlord never explicitly says "no Section 8."

Steering

A landlord, broker, or property manager cannot direct voucher holders to specific buildings or neighborhoods, or away from others.

Retaliation

Once you''re a tenant, the landlord cannot harass you, raise your rent illegally, refuse repairs, or otherwise retaliate because you''re a voucher recipient.

How to Recognize Discrimination

Discrimination isn''t always explicit. Common patterns:

Explicit refusal

"Sorry, we don''t accept Section 8" or "We''re looking for working tenants only." This is the clearest violation. Document the date, time, exact words, and who said them.

Phantom responses

You see a listing. You contact the landlord. They respond enthusiastically until you mention your voucher. Then communication stops, but the listing stays online for weeks. This is a pattern; you may need testing (see below) to prove it.

Sudden requirements

The landlord agrees to show you the apartment, then learns about your voucher, and suddenly imposes new requirements: "We need three months security deposit," or "You''ll need a guarantor with income equal to 80x monthly rent." If these requirements aren''t applied to non-voucher applicants, they''re discriminatory.

"We already rented it"

A landlord tells you the unit is gone, but the listing remains active or reappears days later at the same price. Note the date; if you see the unit re-listed, that''s evidence.

Negative comments about voucher programs

The landlord makes hostile statements about Section 8 or other programs: complaints about agency paperwork, delays, inspections, etc. These comments suggest the landlord is biased against voucher holders, even if no explicit refusal happens.

How to Document a Possible Violation

Documentation is the foundation of every successful discrimination case. From the moment you suspect discrimination:

Save everything

• Screenshot or archive the original listing (including the URL and date)
• Save all text messages, emails, voicemails, and chat logs
• Note dates, times, and exact words of phone calls (write notes immediately after)
• Photograph any "no Section 8" signs or written notices
• Keep your shopping letter copies and any other documentation you provided

Record what was said

Some states allow one-party consent recording (NY is one), meaning you can legally record your own conversations with landlords without their permission. This is a powerful tool for documenting verbal discrimination — but consult a lawyer before relying on recordings in formal proceedings, because rules vary.

Note who else was involved

Brokers, property managers, listing agents, and anyone else who handled your inquiry can be named in a complaint. Save their contact information and names.

Fair Housing Testing

The strongest evidence in source-of-income cases often comes from "testing" — having a third-party tester contact the same landlord with similar circumstances but without mentioning a voucher, to compare how each is treated.

Who conducts testing

NYC has several organizations that conduct fair housing testing:

• Fair Housing Justice Center — NYC''s leading fair housing testing organization. They investigate source-of-income discrimination, race-based discrimination, and other Fair Housing Act issues.
• Housing Rights Initiative — focuses specifically on source-of-income discrimination through systematic investigations.
• Lawyers Alliance for New York — supports non-profit tenant advocates with fair housing investigations.

How testing works

A tester contacts the landlord about the same unit you inquired about, presenting similar qualifications but without mentioning a voucher. The tester documents what they''re told. If the tester is treated differently than you were (e.g., they''re shown the unit, you weren''t), that''s strong evidence of discrimination.

Filing a Complaint

You have multiple options for filing a discrimination complaint, and you can use more than one.

NYC Commission on Human Rights (recommended)

The NYC Commission on Human Rights is the primary enforcer of NYC''s source-of-income law. To file:

• Online: Go to the CCHR online intake form
• Phone: Call 311 and ask to file a Commission on Human Rights complaint
• In person: Visit a CCHR borough office for in-person intake
• Mail: Send a written complaint to CCHR

Filing is free. You do not need a lawyer to file, though one can help. CCHR will investigate, attempt mediation, and pursue formal enforcement if needed.

Deadline: You generally have one year from the date of the discriminatory act to file with CCHR. Don''t wait.

HUD (federal complaints)

The HUD Office of Fair Housing and Equal Opportunity accepts complaints based on federal Fair Housing Act protections. Source-of-income is not a federal protected class, but if your discrimination also involves race, disability, family status, or another federal class, you can file with HUD.

NY State Division of Human Rights

The NY State Division of Human Rights handles state-level discrimination complaints. Source-of-income is also a protected category under NY State Human Rights Law (in addition to NYC law).

Civil lawsuit

You can also file a civil lawsuit in court directly, though this is more complex and typically requires an attorney. Legal aid organizations can help.

Working with a Lawyer

You don''t need a lawyer to file a CCHR complaint, but legal help is often valuable, especially for complex cases. Free legal help for source-of-income cases is available from:

• Legal Services NYC — borough-based offices
• Mobilization for Justice — citywide
• Manhattan Legal Services
• Brooklyn Legal Services Corp A — Brooklyn-focused
• Bronx Legal Services
• Queens Legal Services
• Staten Island Legal Services

Some private attorneys also take source-of-income cases on contingency (no fee unless you win) because successful cases can result in significant damages.

What Remedies Are Available

If you win a discrimination case, the available remedies are substantial:

Compensatory damages

Out-of-pocket costs (the unit you missed, the rent difference paid at a worse unit, moving costs, the cost of continued searching) plus damages for emotional distress and humiliation.

Punitive damages

In cases of willful or intentional discrimination, courts and CCHR can impose punitive damages — significant amounts intended to deter future violations. NYC source-of-income cases have produced punitive awards of $10,000 to $500,000+ depending on the conduct.

Civil penalties

The Commission on Human Rights can impose civil penalties of up to $250,000 per violation, paid to the city.

Injunctive relief

The court or CCHR can order the landlord to rent to you, provide future units at terms equal to non-voucher applicants, undergo fair housing training, and submit to monitoring.

Attorney''s fees

If you win, the landlord may be required to pay your attorney''s fees, which is why some private attorneys take these cases on contingency.

Recent Enforcement Actions

Source-of-income enforcement in NYC has been active. Recent settlements and judgments include:

• 2024 systematic investigations: CCHR and the Attorney General have conducted broad investigations of NYC landlords found to systematically discriminate against voucher holders.
• Brokerage and management company settlements: Multiple large NYC brokerages and management companies have settled discrimination cases for substantial amounts, including required fair housing training and public posting of policies.
• Individual landlord cases: Many smaller-scale settlements involving individual landlords, often with mandatory training, monitoring periods, and damages payments.

The NYC CCHR enforcement page publishes major enforcement actions periodically.

A Final Note

Source-of-income discrimination remains widespread in NYC despite being clearly illegal for over 15 years. Filing complaints, documenting violations, and standing up for your rights makes a difference. You''re not alone — the legal aid and fair housing organizations listed in this guide exist specifically to help voucher holders fight back.

If you''re experiencing discrimination right now, the most important step is to document what''s happening. The second is to contact one of the organizations above. Many of them can begin investigating within days.

This guide is general information, not legal advice. For specific advice about your situation, contact a legal aid organization or fair housing advocate.