Can a NYC Landlord Reject Me for My Source of Income?

January 10, 2026

Picture this: You've got a solid Section 8 voucher in hand, hunting for your dream NYC apartment-only to get ghosted after mentioning it. Sound familiar? NYC's Local Law 10 bans source-of-income discrimination, but sneaky exceptions and red flags trip people up daily.

Tip: Want to sanity-check a specific address? Search it on Building Health X to see recent heat/hot water, pests, noise, safety and violations across 30/90 days, 1 year and 3 years.

We'll unpack protected income types, legal rejection scenarios, court updates, and your next steps if rejected-from spotting shady excuses to filing with HPD. Ready to fight back?

NYC Source of Income Discrimination Law

New York City's Local Law 10 passed in June 2019 and took effect in February 2020. It bans NYC landlords from discriminating against tenants based on lawful source of income. This protects renters using Section 8 vouchers, public assistance, or other housing subsidies.

The law applies to all housing in NYC except single-family homes owned and occupied by the owner under specific conditions. The NYC Commission on Human Rights enforces it through investigations and penalties. Landlords cannot reject applicants for using protected income sources during rental applications.

A 2023 HPD report notes that 25% of NYC renters use protected income sources. This highlights the law's broad impact on fair housing laws. Tenants facing income discrimination can file complaints with the Commission.

Practical examples include rejecting a housing choice voucher holder or asking about Section 8 status upfront. Landlords must treat these sources like traditional income in tenant screening. Experts recommend holistic reviews beyond just income verification.

Key Provisions of Local Law 10

Local Law 10 amends NYC Human Rights Law 8-107(5) to prohibit refusing tenants based on lawful source of income including Section 8, public assistance, and security deposits. It expands protections under the NYC Human Rights Law. This covers vouchers like FHEPS or NYCHA subsidies.

Key provisions include these five rules:

Bans inquiries about income source during initial applications or credit checks.
Requires acceptance of vouchers covering 80% or more of rent, treating them as valid payment.
Prohibits no Section 8 policies or signs advertising such restrictions.
Extends liability to brokers, agents, and property managers in apartment rentals.
Creates a private right of action for tenants to sue in court for lease denial.

The statute states: "It shall be unlawful discriminatory practice for any owner... to refuse to lease... because of the lawful source of income of such person or persons." A 2023 amendment limits guarantor requirements to avoid indirect discrimination. Landlords cannot demand co-signers solely due to voucher use.

For instance, a landlord rejecting a tenant with SSI benefits violates the law. Tenants should document rental discrimination and contact the Commission for remedies like damages or injunctions. This ensures compliance in competitive markets.

What Qualifies as Protected Income?

NYC law protects 17 specific income sources. These include various forms of public assistance and private payments. Landlords cannot reject tenants based on these under the NYC Human Rights Law.

Source of income discrimination is illegal. This means a NYC landlord must consider all lawful income during tenant screening. Rejecting a rental application due to a protected source can lead to a discrimination complaint.

Key protected sources include Section 8 and Housing Choice Vouchers from NYCHA, HRA shelter allowance, SSI and SSDI benefits, child support, alimony, and unemployment benefits. A 2022 CCHR v. Landlord case set court precedent by defining 'income' broadly to cover these.

Section 8/Housing Choice Vouchers: NYCHA manages these for subsidized housing, helping families meet income requirements.
HRA shelter allowance: Provides rental assistance through the Human Resources Administration for those in need.
SSI/SSDI: Federal benefits for disability or retirement count as valid income for lease approval.
Child support/alimony: Court-ordered payments verify steady support during income verification.
Unemployment benefits: Temporary aid qualifies as a lawful source under fair housing laws.

Section 8, Public Assistance, and Vouchers

Section 8 Housing Choice Vouchers, managed by NYCHA, support many NYC households. Programs like FHEPS help families leave the shelter system. These fall under protected income in NYC rent laws.

Four main voucher types exist. NYCHA Section 8 covers public housing needs. FHEPS fights family homelessness with targeted aid.

SARA offers supports at home for vulnerable tenants. LTPC limits taxpayer costs in supportive housing. Payment standards often reach 120% of area median income, aiding apartment rentals.

NYCHA Section 8: Directs payments to landlords for eligible tenants.
FHEPS: Focuses on families exiting shelters with rental assistance.
SARA: Provides housing supports for those with disabilities.
LTPC: Ensures cost-effective subsidized options.

Landlord participation varies. Many market rate buildings accept these under anti-discrimination law. Tenants should highlight voucher reliability in applications to avoid lease denial.

Employment, Self-Employment, and Other Sources

Beyond vouchers, NYC protects traditional income like W2 wages, 1099 freelance earnings, child support, and SSI/SSDI benefits. These count toward minimum income thresholds. A 2021 CCHR guidance requires a holistic review of all lawful sources.

Landlords must verify income without bias. This prevents housing discrimination based on payment type. Use documents like paystubs for employment checks.

W2 employment: Submit recent paystubs for steady wage proof.
Self-employment: Provide tax returns to show business income.
Child support: Show court orders as reliable verification.
Alimony: Use divorce decrees for ongoing payments.
Unemployment insurance: Present benefit statements during applications.
Pension/retirement: Offer statements confirming fixed income.

Combine sources to meet requirements. Request a guarantor or co-signer if needed, but income discrimination remains illegal. File complaints with NYC Commission on Human Rights for violations.

When Can Landlords Legally Reject?

Landlords can reject for legitimate reasons like insufficient total income (under 40x monthly rent) or poor rental history, but never the income source.

NYC Admin Code outlines four narrow exceptions to source of income protections under the NYC Human Rights Law. These allow tenant rejection based on financial ability, not voucher programs like Section 8 or housing choice vouchers. Landlords must evaluate total income from all lawful sources, including SSI, SSDI, or public assistance.

For example, a $2,500 rent requires $100,000 annual income (40x $2,500), regardless of source mix. If total income falls short, landlords can deny without income discrimination claims. Applicants below this minimum income threshold may need a guarantor or co-signer, but rejection must follow fair housing laws.

Financial inability: Total income less than 40 times monthly rent after income verification.
Negative rental or credit history: Evictions, late payments, or poor credit check results.
Owner-occupancy limits: Restrictions in small owner-occupied buildings.
Reasonable occupancy standards: Limits based on unit size and familial status, not disability or protected class.

Exceptions for Owner-Occupied Buildings

Owner-occupied 1-2 family homes can reject based on personal preferences but still cannot discriminate based on protected classes including source of income.

NYC Admin Code 8-107(13) exempts buildings with 3 units where the owner lives, single room occupancy hotels, and room rentals in owner-occupied homes. A 2023 NY Appellate Division ruling clarified that personal preference does not equal source of income discrimination. Landlords retain some landlord rights but must avoid housing discrimination.

Legal rejection letter example: "We regret to inform you that your application does not meet our financial criteria, as total income is below 40x rent." This focuses on numbers, not vouchers. Illegal version: "We do not accept Section 8 or NYCHA vouchers." Such language invites discrimination complaints to the NYC Commission on Human Rights.

Owners should document decisions with holistic review including rental history and background check. Tenant advocacy groups recommend paired testing to spot rental discrimination. If denied, prospective tenants can file an administrative complaint for remedy like damages or injunction relief.

Recent Court Rulings and Updates

2024 CCHR rulings awarded $150K+ in damages. A key case, Francis v. Kingsbridge Heights (2023), established $15K emotional distress awards for source of income bias. These decisions strengthen NYC Human Rights Law protections against housing discrimination.

Landlords in NYC must now accept Section 8 vouchers and other lawful income sources during tenant screening. Courts have clarified that rejecting applicants based on voucher programs violates fair housing laws. Tenants facing lease denial can file a discrimination complaint with the NYC Commission on Human Rights.

Recent cases highlight remedies like civil penalties and injunction relief. For example, landlords ordered to pay damages and undergo bias training. These precedents guide rental applications and income verification processes.

CCHR v. Bedford Park (2024): Imposed a $75K penalty for refusing a housing choice voucher, affirming voucher acceptance as required under local law.
NY Supreme Court ruling: Declared vouchers equivalent to rent payments, blocking rejections based on payment source.
Federal HUD settlement: Resulted in a $50K payout to resolve source of income discrimination claims nationwide.
2024 legislative update: Expanded broker liability for rental discrimination, holding agents accountable for income bias in apartment rentals.

Understanding CCHR v. Bedford Park

The 2024 CCHR v. Bedford Park case fined a NYC landlord $75K for rejecting a prospective tenant's Section 8 voucher. This ruling enforces the administrative code against source of income discrimination. Tenants can use this precedent in housing court disputes.

Landlords learned that voucher programs count as lawful income during credit checks and employment verification. The decision mandates holistic review of rental applications. It protects those using subsidized housing from unfair tenant rejection.

Practical advice: Document all communications with landlords about income sources. Seek legal aid if facing policy violations. This case sets a standard for compliance audits and bias training.

NY Supreme Court: Vouchers as Rent Payment

In a key NY Supreme Court decision, courts ruled that housing vouchers qualify as valid rent payments. This blocks landlords from imposing minimum income thresholds that exclude voucher holders. It upholds NYC rent laws for fair housing.

Applicants with HUD vouchers or NYCHA assistance now have stronger eviction protection. Landlords must consider these in lease agreements alongside rental history and background checks. Rejecting based on source leads to probable cause findings.

Tenants should request reasonable accommodations if needed. File administrative complaints promptly for remedy discrimination. This precedent aids those with public assistance or SSI in securing market rate rent units.

Federal HUD Settlement Impact

The federal HUD settlement awarded $50K in a source of income discrimination case. It addressed systemic issues in tenant screening practices. NYC landlords must align with the Fair Housing Act to avoid similar penalties.

This outcome promotes acceptance of income like child support or unemployment benefits. Enforcement agencies use paired testing to uncover disparate impact. Victims gain access to attorney fees and conciliation agreements.

Actionable step: Report via hotline reporting or ombudsman service. Pursue mediation processes before litigation. The settlement reinforces anti-discrimination law for supportive housing seekers.

2024 Legislative Update on Brokers

The 2024 update broadens broker liability under NYC Human Rights Law for rental discrimination. Agents face penalties for advising landlords to reject lawful sources of income. This targets bias in guarantor or co-signer requirements.

Key change: Brokers must undergo training on fair housing laws and voucher programs. It covers FHEPS vouchers and LTPC protections. Landlords share responsibility in application fee and security deposit processes.

Practical tip: Review broker policies during apartment hunts. Tenants denied leases can challenge via tenant advocacy groups. This law fights discrimination in [rent stabilized](/blog/how-do-i-know-if-my-nyc-apartment-is-rent-stabilized) and market rate rentals alike.

Proving Discrimination in Applications

Coded language like 'no programs', 'cash only', or 'full-time job required' signals illegal discrimination in rental listings. NYC landlords cannot reject tenants based on source of income under the NYC Human Rights Law. Spotting these phrases helps build a strong case for a discrimination complaint.

Use this detection checklist to identify violations in applications. First, 'No Section 8/public assistance' is a direct violation of fair housing laws. Second, 'Cash paying tenant only' often masks bias against voucher programs like Housing Choice Vouchers.

Income source inquiries: Questions about Section 8, NYCHA, or public assistance like SSI during screening.
Sudden fee increases: Application fees or security deposits raised after disclosing a housing voucher.
Requests for extra guarantors solely tied to income type, not amount.

Document everything with screenshots and timestamps. File with the NYC Commission on Human Rights if patterns emerge. Research suggests paired testing reveals widespread housing discrimination in NYC rentals.

Red Flags in Rejection Reasons

Rejecting after voucher disclosure while approving similar-income applicants proves disparate treatment. Collect timestamped evidence like emails and texts. This supports claims under NYC rent laws protecting lawful sources of income.

Review rejection letters for coded phrases. Landlords must use neutral language focused on verifiable criteria. Compare to approved tenants with comparable rental history and credit checks.

Red Flag Phrase	Legal Alternative
'No programs' (CCHR case: Brooklyn Craigslist ad)	Income must meet minimum income threshold, verified by pay stubs
'Cash only' (Real Queens listing example)	Must show bank statements or direct deposit proof
'Local employer' (Investigated Manhattan ad)	Sufficient income verified regardless of source
'No vouchers'	Total household income 40x monthly rent
'Stable job required'	Employment verification or guarantor accepted
'No welfare' (Bronx rental probe)	Holistic review of credit, rental history, background check
'Full pay only'	No discrimination based on public assistance, SSI, child support
'Program tenants unwelcome'	Standard tenant screening for all prospective tenants

Report suspicious phrases to tenant advocacy groups or HRA hotlines. Seek legal aid for administrative complaints. Courts have awarded damages for such policy violations in past cases.

Steps to Take if Rejected

Document everything within 24 hours: screenshot the listing, save rejection texts or emails, and record phone calls since New York is a 1-party consent state. This creates a clear record of potential income discrimination under NYC Human Rights Law and fair housing laws. Keep all notes timestamped for your records.

If you suspect source of income bias, such as rejection after disclosing a Section 8 voucher or public assistance, act quickly to protect your tenant rights. Landlords cannot discriminate based on lawful income like housing choice vouchers, SSI, or unemployment benefits. Follow this structured 7-step plan to challenge the tenant rejection.

Document evidence with screenshots, texts, emails, and call notes right away.
Request a written rejection reason under NY Real Property Law 226-b to confirm if it's tied to your income source.
File a HUD test request for paired testing, where testers with similar profiles but different income sources apply.
Contact the Legal Aid Society for free advice on filing a discrimination complaint.
Call the 311 hotline to report and get guidance from NYC tenant advocacy resources.
Preserve your application fees by demanding a refund if rejection violates source of income rules.
Avoid retaliation by not confronting the landlord directly; route through official channels.

Filing a complaint takes about 15 minutes online through HUD or NYC Commission on Human Rights portals. This process can lead to investigations, remedies like damages awards, or injunction relief against the NYC landlord.

Why Documentation Matters First

Strong evidence strengthens your case against housing discrimination. For example, if a landlord mentions your housing voucher in a rejection text, it proves unlawful screening. Courts and agencies rely on this for probable cause findings.

Organize files by date and type for easy submission. Include rental application details, income verification, and any credit check notes. This counters claims of poor rental history or background check issues.

Experts recommend backing up digitally and printing copies. Preserve communications showing disparate treatment, like approving similar applicants without vouchers.

Requesting Written Reasons

NY Real Property Law 226-b requires landlords to provide written explanations for denial. Ask politely via email to create a paper trail. This reveals if they cited your subsidized housing as the issue.

If the reason hints at source of income discrimination, it supports your claim under the Fair Housing Act. Use this letter in complaints to NYC Commission on Human Rights or HUD.

Time it within days of rejection to meet deadlines for administrative complaints.

Leveraging HUD Paired Testing

Paired testing sends matched testers to expose bias: one with a voucher, one without. Request this through HUD to audit the landlord's practices. It uncovers systemic discrimination in tenant screening.

Results can trigger enforcement actions like investigative subpoenas. This tool fights rental discrimination effectively for protected classes using public assistance or FHEPS vouchers.

Combine with your evidence for a stronger case in housing court or mediation processes.

Filing Complaints with HPD

File online at NYC.gov/HPD within 1 year to report source of income discrimination by a NYC landlord. The HPD portal handles complaints under the NYC Human Rights Law, protecting tenants using Section 8 or housing choice vouchers. This step triggers an investigation into potential housing discrimination.

Start by visiting portal.nyc.gov and selecting the 'Source of Income' option. For example, if a landlord rejected your rental application due to your HUD voucher, describe the incident clearly. Upload evidence like emails or texts showing the lease denial, with files under 10MB.

Request mediation during filing to seek a quick resolution, such as a lease agreement offer. Track your case using the assigned #E-XXXXX number for updates. HPD offers filing in Spanish and Chinese for broader accessibility.

Access portal.nyc.gov and choose 'Source of Income' category.
Detail the discrimination, including income verification requests ignoring public assistance.
Upload proof like rental history denials or statements on voucher programs.
Opt for mediation and note your preferred language.
Monitor progress with your case number.

HPD follows a 90-day investigation timeline, reviewing tenant rights violations like rejecting lawful sources of income. Intake focuses on fair housing laws, with options for legal aid if needed. This process enforces anti-discrimination measures against income requirements that exclude protected classes.

Potential Remedies and Penalties

Victims receive actual damages plus $25K for emotional distress and attorney fees. Landlords face $100K+ civil penalties per NYC Commission on Human Rights settlements in 2024. These remedies enforce the NYC Human Rights Law against source of income discrimination.

Five key remedies exist for tenants rejected due to housing vouchers like Section 8 or public assistance. Courts award compensatory damages from $10-50K for financial losses, such as extra rent paid elsewhere. In a 2023 Bronx case, the largest award reached $250K total.

Punitive damages range from $25-100K to punish willful income discrimination. Injunctive relief forces landlords to offer the lease after denial. Civil penalties under NYC Admin Code 8-126 tier from $5-100K based on violation severity.

Tenants recover 100% attorney fees, easing legal costs for filing a discrimination complaint. Penalty tiers escalate: first violations draw lower fines, repeats trigger higher ones up to $100K. Seek help from tenant advocacy groups for these remedies.

Compensatory Damages

Compensatory damages cover out-of-pocket losses from a NYC landlord's rejection over source of income. Victims claim costs like hotel stays or higher market rate rent while searching for compliant housing. Amounts typically fall between $10K and $50K.

For example, if denied a rent-stabilized apartment due to a Section 8 voucher, you recover the difference paid in temporary housing. Courts calculate based on documented expenses from the rental application denial. This remedy restores your financial position under fair housing laws.

Pair this with emotional distress awards around $25K for anxiety from tenant rejection. File via NYC Commission on Human Rights for investigation. Legal aid often assists low-income applicants with proof of income verification issues.

Punitive Damages

Punitive damages punish NYC landlords for egregious source of income discrimination, ranging $25K to $100K. These hit when rejection shows malice, like refusing all housing choice vouchers. They deter future violations of anti-discrimination law.

In cases of repeated lease denials to voucher holders, courts award to send a message. A landlord ignoring NYC rent laws on lawful income sources faces steep penalties. Victims strengthen claims with evidence like biased tenant screening notes.

Combine with other remedies for full relief. The 2023 Bronx case awarded part of its $250K total here. Experts recommend documenting all communications during application to support these claims.

Injunctive Relief

Injunctive relief compels a landlord to lease the apartment after unlawful rejection. Courts order immediate access despite initial denial over public assistance or SSI. This enforces fair housing act protections swiftly.

For instance, after proving discrimination via credit check bias against welfare benefits, gain the unit plus back rent adjustments. NYC Human Rights Law prioritizes this for urgent housing needs. It overrides landlord rights improperly exercised.

Request alongside damages in housing court or administrative complaints. Success rates rise with paired testing evidence from advocacy groups. This remedy provides fast eviction protection equivalent for prospective tenants.

Civil Penalties

Civil penalties under NYC Admin Code 8-126 fine landlords $5K to $100K per violation. Tiers depend on history: first offenses start low, willful or repeat acts max out. The NYC Commission on Human Rights imposes after probable cause findings.

Landlords rejecting guarantors for HUD vouchers face these alongside victim remedies. Settlements in 2024 exceeded $100K for systemic issues. Penalties fund enforcement without taxing tenants.

Report via hotline for investigation, leading to mediation or subpoenas. Policy violations like minimum income thresholds ignoring alimony trigger fines. This upholds tenant rights against rental discrimination.

Attorney Fees Recovery

Victims recover 100% attorney fees when prevailing on source of income claims. This covers legal aid or private counsel costs fully under NYC law. It removes barriers for fighting discrimination.

After a successful complaint, courts shift fees to the landlord, even in rent-stabilized disputes. Examples include fees from challenging background check biases against unemployment benefits. Tenant advocacy ensures strong representation.

File early to maximize recovery with compensatory awards. This remedy encourages claims against non-compliant owners. Combined, it makes justice accessible for all protected classes.

Frequently Asked Questions

Can a NYC Landlord Reject Me for My Source of Income?

No, under NYC's Source of Income Anti-Discrimination Law (Local Law 10 of 2018), landlords cannot reject tenants based on lawful sources of income, including Section 8 vouchers, subsidies, or rental assistance programs. They must consider your full financial picture, like income stability and credit.

Can a NYC Landlord Reject Me for My Source of Income if I Use Section 8?

No, rejecting applicants solely because they rely on Section 8 or Housing Choice Vouchers violates NYC law. Landlords in NYC with buildings of 4+ units must accept qualified applicants with such income sources, provided they meet standard eligibility criteria.

Can a NYC Landlord Reject Me for My Source of Income from Public Assistance?

No, public assistance, welfare, or programs like Homebase count as protected sources of income in NYC. Landlords are prohibited from discriminating against you for using these, as long as your total income covers at least 80% of the rent in many cases.

Can a NYC Landlord Reject Me for My Source of Income Being Rental Assistance?

No, NYC law explicitly protects rental assistance programs. Landlords cannot refuse you for sources like CityFHEPS, HRAP, or other subsidies. Discrimination based on these is illegal and can lead to complaints filed with the NYC Commission on Human Rights.

Can a NYC Landlord Reject Me for My Source of Income During the Screening Process?

No, during screening, NYC landlords must treat lawful income sources equally to employment income. They can ask about your income but cannot reject you outright for non-employment sources like alimony, Social Security, or guarantees under NYC's protections.

Can a NYC Landlord Reject Me for My Source of Income in a Small Building?

No, the law applies citywide to most rental properties, but single-room occupancy (SRO) units and owner-occupied buildings with fewer than 3 units have limited exemptions. For standard apartments, rejection based on source of income-like subsidies-is still prohibited.