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New York, NY Rental Property Rules: Source-of-Income Discrimination (2026)

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

Key Facts

Governing law
NYC Human Rights Law, Admin Code § 8-107(5)
Protected income
Section 8, CityFHEPS, SSI, child support
Max civil penalty
$125,000 ($250,000 if willful)
Owner-occupant exemption
2-family home, owner lives on-site
Enforcement agency
NYC Commission on Human Rights

Summary

NYC landlords cannot refuse to rent, or otherwise discriminate, because a tenant pays with Section 8, CityFHEPS, or other lawful income sources.

Because of the actual or perceived race, creed, color, national origin, gender, age, disability, sexual orientation, uniformed service, height, weight, marital status, partnership status, or immigration or citizenship status of any person or group of persons, or because of any lawful source of income of such person or persons... 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.

Source: NYC Human Rights Law §8-107View official code

Full Breakdown

Under the NYC Human Rights Law, owners, lessors, and managing agents may not refuse to rent, set different terms, or misrepresent availability because of a prospective tenant's lawful source of income, defined to include child support, alimony, Social Security, and any federal, state or local public assistance or housing subsidy such as Section 8 vouchers, whether or not paid directly to the landlord. A narrow owner-occupied exemption applies only to 2-family homes where the owner's family lives in one unit and the unit was not publicly advertised, or to a room rental where the owner lives in the same unit, and even those exemptions do not apply to publicly-assisted housing.

Violations & Fines

NYC Commission on Human Rights can impose a civil penalty up to $125,000 per violation, or up to $250,000 for willful, wanton or malicious conduct.

Frequently Asked Questions

Can a NYC landlord refuse Section 8 vouchers?
No. Refusing a rental because the applicant pays with a Section 8 voucher or other lawful income source is an unlawful discriminatory practice under Admin Code § 8-107(5)(a).
Are any NYC landlords exempt from this rule?
Only owners of 2-family homes who live in one unit and never publicly advertised the vacancy, or owners renting a room in their own residence, and never for publicly-assisted housing.

Sources & Official References

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