What the law reaches
New York State and New York City both prohibit housing discrimination based on a lawful source of income, which generally includes housing vouchers, rental assistance, Social Security and disability benefits, and other lawful payments. The rules reach landlords, brokers, and management companies, and they cover listings, screening, and statements made during the process. Refusing to accept a voucher, ignoring applicants who mention one, or advertising that programs are not accepted can each be evidence. Screening rules that look neutral, such as income minimums, can still be a problem when they are applied to the part of the rent a voucher covers. Rules outside New York vary widely, and some places do not protect source of income at all.
Keeping the evidence
Save the listing, including a screenshot showing the date and the wording. Keep texts, emails, and voicemails, and ask your lawyer how to record the details of phone calls, such as who you spoke with and what was said. If a friend or advocate later inquired about the same unit without mentioning a voucher and got a different answer, that comparison can be important. Keep your voucher paperwork and any deadlines from the housing agency, since losing a voucher because of a refused apartment may be part of the harm. Fair housing organizations sometimes run testing, and their records can help.
Choosing where to file
A complaint can usually be brought before the New York City Commission on Human Rights, the New York State Division of Human Rights, or in court, and because filing in one place can close off the others, the choice deserves care before anything is filed. Filing deadlines apply and differ by forum, so it is worth acting promptly. Some matters are resolved quickly when a landlord is told the law, which can sometimes get the apartment back while it is still available. At the outset we go over what was said and written, which forum fits, and whether urgent action is needed to keep a voucher from expiring.
