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New York, NY Rental Property Rules: Section 8 Voucher Acceptance (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Protected class
Lawful source of income, incl. Section 8
Enforcing agency
NYC Commission on Human Rights
Max civil penalty
$125,000 (up to $250,000 if willful)
Citation
Admin Code § 8-107(5)(a)
Applies to
Owners, lessors, brokers, lenders citywide

Summary

New York City landlords cannot refuse to rent, discriminate in lease terms, or advertise against tenants because they pay with a Section 8 voucher or other lawful source of income under the city's Human Rights Law.

It shall be an unlawful discriminatory practice for the owner, lessor, lessee, sublessee, assignee, or managing agent of...a housing accommodation...or any agent or employee thereof: Because of...any lawful source of income of such person or persons...: (a) To refuse to sell, rent, lease, approve the sale, rental or lease or otherwise deny to or withhold from any such person or group of persons such a housing accommodation or an interest therein;

Source: NYCHA Housing Choice VoucherView official code

Full Breakdown

NYC Administrative Code § 8-107(5)(a) makes it an unlawful discriminatory practice for any owner, lessor, sublessee, assignee, or managing agent to refuse to rent, deny, or set different terms for a housing accommodation because of a prospective tenant's lawful source of income. Section 8-102 defines 'lawful source of income' to expressly include section 8 vouchers and other housing assistance, whether or not paid directly to the landlord. Landlords also cannot advertise a refusal to accept vouchers. The NYC Commission on Human Rights investigates complaints and can order the unit rented plus damages.

Violations & Fines

Violators face civil penalties up to $125,000, or up to $250,000 for willful, wanton, or malicious discrimination, imposed by the NYC Commission on Human Rights, plus compensatory damages to the tenant.

Frequently Asked Questions

Can a NYC landlord refuse to rent to a Section 8 voucher holder?
No. NYC Administrative Code § 8-107(5)(a) bars refusing to rent, imposing different terms, or advertising against a tenant because of any lawful source of income, which by definition includes Section 8 vouchers.
Where do I file a Section 8 discrimination complaint in NYC?
File with the NYC Commission on Human Rights, which can order the unit rented and impose civil penalties up to $125,000, or $250,000 for willful violations.

Sources & Official References

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