In New York, landlords cannot refuse to rent to potential tenants solely based on their participation in the Section 8 housing assistance program. This is because Section 8 is considered a source of income like any other, and it is illegal to discriminate against someone based on their source of income. Landlords who refuse to rent to Section 8 voucher holders may face legal consequences, including fines, penalties, and even lawsuits for housing discrimination.
Fair Housing Act
The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status, or disability. This means that landlords cannot refuse to rent to someone because they are receiving Section 8 housing assistance.
Exceptions
- Owner-occupied buildings with four or fewer units: Landlords who live in a building with four or fewer units may refuse to rent to Section 8 tenants.
- Housing for older persons: Landlords may refuse to rent to Section 8 tenants if the housing is specifically designed for older persons (62 or older) and the Section 8 tenant is not an older person or a person with a disability.
- Housing for persons with disabilities: Landlords may refuse to rent to Section 8 tenants if the housing is specifically designed for persons with disabilities and the Section 8 tenant does not have a disability.
In addition, landlords may refuse to rent to Section 8 tenants if they have a legitimate, nondiscriminatory reason for doing so. For example, a landlord may refuse to rent to a Section 8 tenant if the tenant has a history of violence or property damage.
What to Do If You Are Discriminated Against
If you believe you have been discriminated against because you are receiving Section 8 housing assistance, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You can also file a lawsuit in federal court.
HUD’s Enforcement Actions
HUD can take a variety of enforcement actions against landlords who discriminate against Section 8 tenants. These actions include:
- Issuing a cease-and-desist order
- Imposing a civil penalty
- Requiring the landlord to pay damages to the victim of discrimination
Conclusion
The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status, or disability. This means that landlords cannot refuse to rent to someone because they are receiving Section 8 housing assistance. If you believe you have been discriminated against because you are receiving Section 8 housing assistance, you can file a complaint with HUD or file a lawsuit in federal court.
Bona Fide Occupancy Standards
Landlords in New York are allowed to have minimum income and credit score requirements for tenants. However, these requirements cannot be used to discriminate against Section 8 tenants. The following are examples of bona fide occupancy standards that landlords can use:
- Minimum income requirement: The landlord can require that tenants have a minimum income that is equal to or greater than three times the monthly rent.
- Credit score requirement: The landlord can require that tenants have a credit score that is equal to or greater than a certain number.
- Rental history requirement: The landlord can require that tenants have a rental history that is free of evictions and late payments.
- Criminal background check requirement: The landlord can require that tenants undergo a criminal background check. However, the landlord cannot deny a tenant’s application based on a criminal record if the record is more than seven years old.
Landlords are not allowed to use the following factors to discriminate against Section 8 tenants:
| Prohibited Factors |
|---|
| Race |
| Color |
| National origin |
| Religion |
| Sex |
| Disability |
| Marital status |
| Familial status |
| Source of income |
Reasonable Accommodations for Tenants with Disabilities
Landlords in New York are required to make reasonable accommodations for tenants with disabilities. This includes allowing the tenant to make modifications to the unit, such as installing grab bars in the bathroom or widening doorways. Landlords are also required to provide auxiliary aids and services, such as providing a sign language interpreter for a tenant who is deaf. The landlord cannot refuse to rent to a tenant because of their disability, and cannot charge a higher rent or security deposit because of their disability.
Examples of Reasonable Accommodations
- Installing grab bars in the bathroom
- Widening doorways
- Installing a ramp or elevator
- Providing a sign language interpreter
- Installing accessible kitchen appliances
- Providing a reserved parking space
Landlords are not required to make accommodations that would create an undue hardship. For example, a landlord would not be required to install an elevator in a building that has only one story.
Requesting a Reasonable Accommodation
Tenants who need a reasonable accommodation should request one in writing from their landlord. The request should include a description of the disability and the accommodation that is being requested. Landlords are required to respond to requests for reasonable accommodations within a reasonable amount of time.
Denying a Request for a Reasonable Accommodation
Landlords can deny a request for a reasonable accommodation if the accommodation would create an undue hardship. However, landlords must be able to demonstrate that the accommodation would create an undue hardship. For example, a landlord could deny a request to install an elevator in a building that has only one story if the installation of the elevator would cost more than the value of the building.
Legal Protections for Tenants with Disabilities
Tenants with disabilities are protected by the Fair Housing Act and the New York State Human Rights Law. These laws prohibit discrimination against people with disabilities in housing. If a landlord refuses to make a reasonable accommodation for a tenant with a disability, or if a landlord retaliates against a tenant for requesting a reasonable accommodation, the tenant can file a complaint with the New York State Division of Human Rights or the U.S. Department of Housing and Urban Development.
Source of Income Discrimination
It is illegal for a landlord in New York to refuse to rent to a tenant based on their source of income, including Section 8 housing assistance. This is known as source of income discrimination and is a violation of the New York State Human Rights Law and the New York City Human Rights Law.
- New York State Human Rights Law: This law prohibits discrimination in housing based on several protected characteristics, including source of income.
- New York City Human Rights Law: This law also prohibits discrimination in housing based on several protected characteristics, including source of income.
Landlords who refuse to rent to tenants with Section 8 vouchers may face legal consequences, including fines, penalties, and lawsuits. The penalties for violating the Human Rights Law can include fines, back rent, and punitive damages
| Allowed | Not Allowed |
|---|---|
| Considering a tenant’s income to determine if they can afford the rent. | Rejecting a tenant’s application based solely on the fact that they have a Section 8 voucher. |
| Asking a tenant about their income to verify their ability to pay rent. | Refusing to rent to a tenant because they receive public assistance. |
| Setting a reasonable income requirement for the unit. | Setting an income requirement that is higher than necessary to afford the unit. |
If you believe you have been discriminated against based on your source of income, you can file a complaint with the New York State Division of Human Rights or the New York City Commission on Human Rights.
All right folks, thanks so much for checking out the ins and outs of Section 8 rules in New York. I know it can be a lot to take in, so remember to breathe and take it one step at a time. If you’ve got any more questions, feel free to hit me up. I’m always here to help. And don’t forget to stop by again soon. I’ve got plenty more where this came from. Until next time, stay informed, stay safe, and stay awesome.