Buffalo, NY Rental Property Rules: Source-of-Income Discrimination (2026)
Key Facts
- Protected ground
- Lawful source of income (broadly defined)
- Covered sources
- Social Security, public assistance, Section 8 vouchers, child support, alimony, foster care subsidies
- Fine: first violation
- Up to $2,500
- Fine: subsequent violations
- Up to $5,000 per violation
- Complaint deadline
- Within 1 year of the discriminatory act
- Exemption
- Owner-occupied 1–3 unit buildings
Summary
Buffalo's Fair Housing Ordinance (Chapter 154, Article IV) prohibits landlords from refusing to sell or rent housing based on a tenant's lawful source of income, which includes public assistance, Social Security, child support, and housing vouchers.
§ 154-13. SOURCE OF INCOME: The term 'lawful source of income' shall include, but not be limited to, child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance, including, but not limited to, Section 8 vouchers, or any other form of housing assistance or credit whether or not such income or credit is paid or attributed directly to a landlord, and any other forms of lawful income. § 154-17(A). It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following: A. Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any person or persons housing because of race, creed, color, national origin, sex, disability or reliance upon a therapy dog or cat, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income.
Full Breakdown
The ordinance broadly defines 'lawful source of income' to include child support, alimony, foster care subsidies, Social Security, any form of federal, state, or local public assistance or housing assistance (including Section 8 vouchers), and any other lawful income, regardless of whether it is paid directly to the landlord. Refusing to rent, discriminating in terms and conditions, or publishing discriminatory advertising based on source of income is prohibited. Exemptions apply to owner-occupied buildings with three or fewer dwelling units and certain senior housing.
Violations & Fines
Upon a finding of reasonable cause, the Corporation Counsel may file for civil penalties: up to $2,500 for the first violation; up to $5,000 for each subsequent violation. License or permit revocation is also possible. Complainants retain their own right to a separate civil action for injunctive relief and damages.
Frequently Asked Questions
Can a Buffalo landlord refuse to rent to someone receiving Social Security or disability benefits?
How does a tenant file a complaint for source-of-income discrimination?
Are small landlords exempt from the source-of-income rule?
Sources & Official References
Other rules in Buffalo
New York rules heatmap·Compare Buffalo to another location·View the New York rental property rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.