What Are the Protected Classes? - Fair Housing NYC

Fair Housing NYC

NO ROOM for Housing Discrimination in NYC


What Are the Protected Classes?

What Do Owners and Renters Need to Know?
What Are the Protected Classes?
Who Is Covered?
What Types of Housing Are Covered?
Tenant Selection
Real Estate Advertisements
Retaliation

What Do Owners and Renters Need to Know?

What Are the Protected Classes?

Who Is Covered?

What Types of Housing Are Covered?

Tenant Selection

Real Estate Advertisements

Retaliation


What are the Protected Classes under the New York City Human Rights Law?

The New York City Human Rights Law covers a wider range of protected classes than the federal Fair Housing Act or the New York State Human Rights Law. It prohibits discrimination in housing based on actual or perceived:

Protected Classes

Expand AllCollapse All

Click a topic, or press the enter key on a topic, to reveal its answer.

Age

It is illegal to be denied a housing opportunity because of your actual or perceived age.

The NYC Human Rights Law protects anyone regardless of age from being subject to different standards or considerations becuase of their age.

Landlords or building owners do not have to enter into contracts with unemancipated minors and may have a minimum age for senior citizen housing (usually 55).

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. Age discrimination may result from a policy or practice that seeks to bar those perceived as being more likely to vandalize or create noise, or fall ill, or lose a job. You should not be denied housing because of someone else’s perception or belief of what people your age might do.

These behaviors, policies, or practices could be evidence of discrimination:

Being told by the sales agent at the open house that he is “surprised” by your youthful appearance. Later you are told the house is sold. The next weekend, an open house is held at the same address.

Being asked by the agent about how long you have until retirement after he sees your gray hair. You never hear from the agent after the appointment.

Advertising a preference for a “mature” person; or,

Being told that the owner does not rent to students, citing noise and subsequent complaints from other tenants.

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

Citizenship Status

It is illegal to be denied a housing opportunity because of your alienange or citizenship status.

Alienage or citizenship status means the immigration status or citizenship of any person who is not a citizen or national of the United States.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. For example, a building owner or representative (such as a superintendent) is discriminating if they treat you differently because of your actual or perceived citizenship or immigration status, such as asking you for a green card before showing you an apartment.

These behaviors, policies, or practices could be evidence of discrimination:

Being denied an apartment application because the building owner is uncomfortable with a prospective tenant’s actual or perceived immigration or citizenship status, whether it is you, a partner, or a family member;

Being told that you need to meet additional eligibility verification standards and provide additional forms of identification documents or fill out additional paperwork;

Refusing to accept a document from you that reasonably appears to be genuine and belonging to you or refusing a document produced for identification because it has a future expiration date; or,

Being asked questions, such as: “Are you sure you are a citizen? You sound foreign. ” or if you are told, “I would prefer to rent to US citizens.”

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

Color

It is illegal to be denied a housing opportunity because of your color. Color refers to a person’s skin color. Color is included separately from race because people can discriminate solely on color. For example, someone can discriminate against another person whose skin is lighter or darker. This discrimination is closely associated with discrimination based on race, national origin, and citizenship status.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. It occurs when a preference or bias based on skin color is a determining factor when providing access to housing opportunities. Those discriminating based on color use it as a visual indicator of their assumptions about a person’s intelligence, social status, education, income, and/or other characteristics. Color discrimination can occur between individuals of the same race and/or ethnicity, as well as between persons of different races/ethnicities. Whether your skin is light or dark should not be a reason for being treated differently.

These behaviors, policies, or practices could be evidence of discrimination:

Requiring submission of a photograph of you or your family with your rental or sales application;

Informing you that, because of the community is gentrifying, “You may not be comfortable here.”;

Being told the apartments are no longer available when you visit the on-site office even when the building has a sign up advertising apartments for rent or for sale; or,

Being told the amount of the monthly lease is higher when you visit the rental office than the amount told to you on the phone.

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

Creed

It is illegal to be denied a housing opportunity because of your creed.

Creed refers to a set of moral or ethical beliefs and the practices and observances associated with those beliefs. Although creed includes traditional religious beliefs, it also incorporates belief systems that may not be expressed by an organized religious group.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. Discrimination based on creed includes the perception of those beliefs by others. You do not need to support a belief to be discriminated against because of it. The negative perception of others may be based on your dress, jewelry, a book you carry, or a symbol on a tee shirt. The City’s Human Rights Law states that your creed should not bar you from housing opportunities. The Law contains an exemption for housing owned by and designated for a religious group that is used for noncommercial purposes - a seminary, for example.

These behaviors, policies, or practices could be evidence of discrimination:

Advertising on Craigslist that the owners prefer “Christians”;

Being told by the real estate agent that you will be happier in a nearby area because “the Jews all live there” after he took notice of your last name;

Being told by the bank officer that you would have a better chance of getting a mortgage loan if you did not dress like a Muslim; or,

Being denied services in your apartment after the landlord saw you with a bible published by a group he described as a ‘cult’.

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

Disability

It is illegal to be denied a housing opportunity because of a disability.

A disability is: (1) a physical (such as a broken ankle), medical (such as AIDS, diabetes, or MS), mental, or psychological impairment (such as post-traumatic stress disorder or depression); or, (2) a history or record of such impairment. Even if you don’t have a disability, you could be discriminated against in the sale, rental, or lease of a housing accommodation or in the furnishing of facilities or services because you are perceived to have a disability or because of your association with someone with a disability, or a history or record of a disability.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants for, or residents of, a housing accommodation. For example, a building owner or representative (such as a superintendent) is discriminating if they treat you differently because of your disability. Discrimination based on disability can also occur if you are denied a reasonable accommodation that would allow you full use of housing features, such as lowering cabinets and light switches, or installing a ramp.

A reasonable accommodation is a structural or policy change the housing provider makes -- and pays for -- to provide equal opportunity for a person with a disability. The nature and cost is considered reasonable if it would not cause an undue burden or economic hardship. To deny your accommodation, the owner will have to prove the financial hardship or architectural impossibility of the modification (accommodation) you need.

These behaviors, policies, or practices could be evidence of discrimination:

Being denied an apartment application because the building owner is uncomfortable with a prospective tenant’s actual or perceived disability, whether it is you, a partner, or a family member;

Being told that service animals are not allowed because of a no pets policy;

Refusing to install a grab bar in someone’s apartment or refusing to lower a mailbox;

Being asked questions, such as: “Do you have a disability? I need to see your medical records before you are approved for an apartment.”

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

Addiction to alcohol and drugs could qualify as a disability, but only if the person is recovering or has recovered. Someone who is currently using illegal drugs is not protected.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

Family Status

It is illegal to be denied a housing opportunity because of your family status.

Family status protects families with children under the age of 18 from discriminatory actions, including couples adopting children, legal guardians of children, foster parents, grandparents with dependents, and pregnant women.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. Although you may be told the policy or practice of ‘no children’ is to ensure a quiet building, prevent accidents, keep the building from disrepair, or because there is no nearby park, not renting to families because they have, or may have, children is discriminatory and interferes with the right to choose your housing.

These behaviors, policies, or practices could be evidence of discrimination:

Requiring families with children to live on the first floor, citing safety as the reason;

Asking whether you intend to raise a family in the near future, or asking who takes care of your children;

Including an adult only provision (Senior housing – housing designated for occupancy by persons over the age of 55 under a local, state, or federal program – is exempt from this provision) in the lease or a surcharge for couples with children; or,

Describing the area as inappropriate for children and steering you to another area “for their sake.”

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

Gender

It is illegal to be denied a housing opportunity because of your gender.

Gender refers to an individual’s actual or perceived sex (male, female) and includes a person’s gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the legal sex assigned to that person at birth.

Gender discrimination can also be sexual harassment if a housing provider, managing agent, or superintendent offers you benefits in exchange for sexual favors or you are subjected to unwelcome sexual conduct like asking you personal questions about your social or sexual life, pressuring you for dates, or engaging in unwanted sexual teasing, touching, jokes, or remarks.

Discrimination based on gender can also be marital status, sexual orientation, partnership status, or family status discrimination.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. For example, a building owner or representative (such as a superintendent) treats you differently because of your gender, such as raising the advertised rent or expressing a preference for a gender during an application process.

These behaviors, policies, or practices could be evidence of discrimination:

Being denied an apartment application because the building owner is uncomfortable with your actual or perceived gender identity;

Being told that renting to a transgender person would violate a landlord’s religious practice or beliefs;

Refusing to renew a lease, or, reducing services such as turning off a unit’s electricity or not making repairs after being denied sexual favors;

Being asked questions, such as: “Are you married?” or, if you are told “The owner prefers to rent to single men rather than single women because, you know, they make more money."

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

Lawful Occupation

It is illegal to be denied a housing opportunity because of your lawful occupation.

Lawful occupation means any lawful vocation, trade, profession, or field of specialization. It includes members of the military.

Discrimination based on lawful occupation can also be marital status, partnership status, or family status discrimination.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. For example, a building owner or representative (such as a superintendent) is discriminating if they treat you differently because of your actual or perceived lawful occupation, such as expressing worries about renting to a person in active military service or the reserves.

These behaviors, policies, or practices could be evidence of discrimination:

Being denied an apartment application because the building owner is uncomfortable with your,your partner’s, or family member’s actual or perceived lawful occupation;

Being evicted during your military tour of duty after being called up from the reserves;

Being asked if you have ever appeared in housing court or sued a landlord after you told a prospective landlord that you were a practicing attorney; or

Being told that the landlord doesn’t like musicians or actors in the building because they’re all drug users and come and go at all hours.

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact CCHR by calling 311.

Lawful Source of Income

It is illegal to be denied a housing opportunity because of a lawful source of income.

Lawful source of income includes income from Social Security, or any form of federal, state, or local public assistance or housing assistance including Section 8 vouchers.

Any landlord with a building containing at least six units may not discriminate against a tenant or applicant because that individual intends to pay their rent with some lawful income other than a paycheck.

The landlord must accept your rental subsidy even if the building you are in or applying for doesn’t have six units if the landlord owns another building in NYC that has six or more units.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. For example, a building owner or representative (such as a superintendent) is discriminating if they treat you differently because of your lawful source of income, such as refusing to accept your Section 8 voucher funds toward your rent payments.

These behaviors, policies, or practices could be evidence of discrimination:

Being denied an apartment application because the building owner rejects your partner’s or family member’s lawful source of income;

Being asked if you are receiving any government assistance or Social Security;

Advertising apartments with the phrase “No Programs” or “No Section 8” included;

Being told that the law doesn’t apply to rent-controlled units even though you were living there when the law went into effect in 2008;

Being told that the law only applies to new Section 8 voucher holders – not to existing tenants with vouchers.

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

Marital Status

It is illegal to be denied a housing opportunity because of your marital status.

Marital status includes the state of being married, divorced, or single.

Since NY State recently approved marriage for same-sex couples, marital status discrimination could also be sexual orientation discrimination.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. For example, a building owner or representative (such as a superintendent) is discriminating if they treat you differently because of your marital status, such as refusing to list an unmarried partner on the lease.

These behaviors, policies, or practices could be evidence of discrimination:

Being denied an apartment application because the building owner rejects your or your partner’s marital status;

Being asked if you are planning to marry or consider yourself a ‘couple’;

Being asked for a cosigner on a lease because you are single (usually women);

Advertising apartments with the phrase “Couple preferred” or “No Singles”;

Being told that all tenants cohabiting must be related by blood, marriage, or adoption and asking for documents to prove it;

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

National Origin

It is illegal to be denied a housing opportunity because of your national origin.

National origin refers to a person’s ancestry, birthplace, culture, or language. The City’s Human Rights Law bars discrimination based on the country where you or your ancestors came from, your ethnic identity (such as Hispanic, Puja, or Kurd), because you speak a foreign language, or because you appear to be from another country.

Discrimination based on national origin can also be race, creed, alienage or citizenship status, or color discrimination.

Discrimination means being treated differently. For example, a building owner or representative (such as a realtor or superintendent) is discriminating if they treat you differently because you or your family came from another country or you have a name or accent associated with a particular ethnic group.

These behaviors, policies, or practices could be evidence of discrimination:

Being asked to produce your green card or any document to verify your citizenship or immigration status;

Being asked, “Where were you born?” or “What is your religion?”

Being told “You will feel comfortable here because there are others like you in the building.”

Being told the ethnicity of the owner of a building to discourage you from applying. For example, a Palestinian family being told that the owner is Jewish.

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

Your national origin should not discourage you from calling 311 to report substandard housing conditions. Code Enforcement Inspectors sent to check on your housing conditions are not allowed to treat you differently because of your ancestry. They will also not ask about your immigration status.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

Partnership Status

It is illegal to be denied a housing opportunity because of your partnership status.

Partnership status means being in a domestic partnership, a legal relationship permitted under the laws of the State and City of New York for couples that have a close and committed personal relationship. The Domestic Partnership Law recognizes the diversity of family configurations, including lesbian, gay, and unmarried heterosexual couples.

Partnership status discrimination could also be marital status or sexual orientation discrimination.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. For example, a building owner or representative (such as a superintendent) is discriminating if they treat you differently because of your partnership status, such as refusing to list both domestic partners on the lease.

These behaviors, policies, or practices could be evidence of discrimination:

Being denied an apartment application because the building owner rejects your or your partner’s domestic partnership status;

Being asked if you are married or intending to get married;

Refusing to renew a lease, or reducing services like turning off a unit’s electricity or not making repairs after learning that tenants were domestic partners; or,

Being told that all tenants cohabiting must be related by blood, marriage, or adoption and that the landlord needs to see documents to prove it.

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 of the Commission Infoline at 718-722-3131.

Race

It is illegal to be denied a housing opportunity because of your race.

Race refers to the skin color, hair texture, facial, and other physical features associated with a racial or ethnic group. Your actual or perceived racial and/or ethnic identification may be the basis for discriminatory actions by others. Race discrimination is closely associated with discrimination based on skin color.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. Those discriminating based on race use it as an indicator of their assumptions about a person’s intelligence, social status, education, income, and/or other characteristics.

These behaviors, policies, or practices could be evidence of discrimination:

Being denied a loan when your co-worker of another race with the same job, family composition, and years of employment got a loan from the same bank;

Getting verbal warnings from the building superintendent when you play your music after 8 pm when the people of another race in the apartment above you regularly play their music until midnight;

Being told by the seller’s agent that she has nothing else in your price range to show you after realizing only when at the door of the condo that she doesn’t have a key;

Being shown homes only in the same neighborhood where you conform to the prevailing racial population, although you answer ads and ask to see homes in another -- an illegal practice known as steering; or,

The building superintendent makes offhand racial comments and responds grudgingly to your repair requests.

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

Sexual Orientation

It is illegal to be denied a housing opportunity because of your sexual orientation.

Sexual orientation refers to an individual’s heterosexuality, homosexuality, or bisexuality.

Discrimination based on sexual orientation can also be gender, which includes a person’s gender identity, partnership status, disability (HIV status), or marital status.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. For example, a building owner or representative (such as a superintendent) is discriminating if they treat you differently because of your actual or perceived sexual orientation, such as asking you about the nature of your relationship during an application process.

These behaviors, policies, or practices could be evidence of discrimination:

Being denied an apartment application because the building owner is uncomfortable with your, a partner’s, or family member’s actual or perceived sexual orientation;

Being told that renting to you would violate a landlord’s religious practice or beliefs;

Being told that all tenants cohabiting must be related by blood or marriage – and that the landlord doesn’t recognize domestic partnerships or ‘gay marriages.’

Refusing to renew a lease or put both partners’ names on a lease, give receipts of rent payments, or reducing services such as turning off a unit’s electricity or not making repairs after learning a tenant’s sexual orientation;

Being asked questions, such as: “Are you two, like, together?” “Are you gay?” or if you are told, “No homosexuality in my building."

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

Status as a Veteran or Active Military Service Member

It is illegal to be denied a housing opportunity because of your status as a veteran or active military service member.

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

If you believe you have been the victim of discrimination, contact us to file a complaint. The New York City Human Rights Law requires that the complaint be filed within one year from the date of the last alleged act of discrimination.

If you would like to attend a free workshop on the New York City Human Rights Law, visit the events tab for upcoming workshop or visit the contact us tab to contact call the New York City Commission on Human Rights.

Status as a Victim of Domestic Violence, Stalking, and Sex Offenses

It is illegal to be denied a housing opportunity because of your victim of domestic violence status.

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at 718-722-3131.

If you believe you have been the victim of discrimination, contact us to file a complaint. The New York City Human Rights Law requires that the complaint be filed within one year from the date of the last alleged act of discrimination.

If you would like to attend a free workshop on the New York City Human Rights Law, visit the events tab for upcoming workshop or visit the contact us tab to contact call the New York City Commission on Human Rights.