What the federal law reaches
The Fair Housing Act prohibits discrimination in renting, selling, financing, and advertising housing because of race, color, religion, sex, national origin, familial status, or disability. It covers refusals to rent or sell, different terms or conditions, steering toward certain neighborhoods, discriminatory statements and ads, and harassment. For people with disabilities, it also requires reasonable accommodations in rules and policies, such as permitting an assistance animal in a building that bans pets, and allows reasonable modifications to a unit. Some small owner-occupied buildings and certain private sales are exempt from parts of the law, although the ban on discriminatory advertising still applies to them. Retaliating against someone for asserting fair housing rights is separately prohibited.
New York adds more protection
State and city human rights laws in New York go further than the federal act. They cover additional characteristics, including lawful source of income, which protects tenants using housing vouchers, along with others such as age, sexual orientation, and immigration or citizenship status, and the City law adds some categories of its own. These laws also reach some buildings that are exempt under the federal act. Keep listings, screenshots of ads, texts and emails, application forms, and voicemails, and after speaking with a lawyer, prepare a dated account of calls and visits with the names of the people involved. Testing by fair housing organizations, in which matched applicants ask about the same unit, is a common source of evidence. If a disability accommodation is at issue, keep a copy of the written request and any reply.
Choosing where to file
A housing discrimination complaint can usually be filed with HUD, the New York State Division of Human Rights, or the New York City Commission on Human Rights, or brought as a lawsuit, and each path has its own deadline that can pass sooner than people expect. Agency complaints are free and investigated by the agency, while a lawsuit gives you more control over the case and may allow broader remedies. Filing in one place can affect your ability to go to another, so the choice should be made deliberately. In a first meeting we review what happened, which laws apply to the property, and the timing, and we talk through realistic options, whether that is housing you still want, money damages, or a change in the landlord's practices. Landlords and managers who receive a complaint should get advice promptly and avoid any step that could look like retaliation.
