Fair Housing: New York

This page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This page is not intended to provide a mandatory standard of care for the industry.  

On these pages, you will find information about the protected classes in each state’s fair housing law as well as the cities and counties in the state’s three largest city or metropolitan areas that enforce additional fair housing protections. We highlight source of income protections, where applicable, that could substantially impact industry operations. Please see the footnotes. NAA also has resources on the federal fair housing protections that apply nationwide.

We are currently in the process of optimizing NAA’s Fair Housing Protected Class Resources. If you do not see a jurisdiction of interest, please reach out to the NAA Government Affairs Team at [email protected].

Information on this page is current as of March 2022.

New York Protected Classes

(New York State Executive Law Article 15 § 296 [2-a; 5])

  • Race

  • Color

  • National Origin

  • Religion

  • Sex

  • Familial Status

  • Disability

  • Age

  • Creed

  • Sexual Orientation

  • Military Status

  • Marital Status

  • Gender Expression

  • Gender Identity

  • Source of Income1

1Lawful source of income, per NYS EXC Law Art. 15 § 292, shall include, but not be limited to, child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance including, but not limited to, section 8 vouchers, or any other form of housing assistance payment or credit whether or not such income or credit is paid or attributed directly to a landlord, and any other forms of lawful income. The provisions of this subdivision shall not be construed to prohibit the use of criteria or qualifications of eligibility for the sale, rental, leasing or occupancy of publicly assisted housing accommodations where such criteria or qualifications are required to comply with federal or state law, or are necessary to obtain the benefits of a federal or state program. A publicly assisted housing accommodation may include eligibility criteria in statements, advertisements, publications, or applications, and may make inquiry or request information to the extent necessary to determine eligibility.

​Buffalo Metro Area

(Erie County Local Law No. 4-2018)​

In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:

  • Source of Income2
  • Immigration/Citizenship Status

City of Buffalo Protected Classes

(City of Buffalo Chapter 154 Article 4 - Fair Housing)​

In addition to enforcement of federal, state, and county protected classes, this jurisdiction also includes the following protected classes:

  • Use of Therapy Dog or Cat3

2Source of Income, in Erie County and Buffalo, means payments from any lawful occupation or employment, as well as other payments including, but not limited to, public assistance, public assistance security agreements, supplemental security income, pensions, annuities, unemployment benefits, disability payments, government subsidies, or other housing subsidies.

3Any dog or cat that is trained to aid the emotional and physical health of patients in hospitals, nursing homes. retirement homes. personal residences, and other settings and is actually used for such purpose, or any dog or cat during the period such dog or cat is being trained or bred for such purpose.

This jurisdiction emphasizes enforcement of federal and state protected classes.

New York City

The five counties (boroughs) that comprise New York [Kings County (Brooklyn) Queens County (Queens) Bronx County (Bronx) New York County (Manhattan) and Richmond County (Staten Island)] Do not have any county government, and New York City Law applies. 

(New York City. Administrative Code § 8-107)​

In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:

  • Source of Income4
  • Gender
  • Partnership Status
  • Immigration Status/Citizenship
  • Occupation
  • Victim of Domestic Violence or Stalking

4Lawful Source of Income in New York City shall include, but not be limited to, child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance including, but not limited to, section 8 vouchers.

​​New York City Metro Area (Excluding NYC Proper)

(Dutchess County Ch. 158 § 158-5)​

In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:

  • Victim of Domestic Violence, Sexual Abuse, or Stalking

(Nassau County Administrative Code Ch 21 Title C-1, §§ 21-9.7; 21-9.8[3])​

In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:

  • Source of Income5
  • Gender
  • Veteran Status
  • First Responder Status
  • Ethnicity
  • Natural Hair Texture/Protective Hairstyles
  • Religious Garments or Items

Town of Hempstead Protected Classes

This jurisdiction emphasizes enforcement of federal, state and county protected classes.

5Source of income in Nassau County means any lawful source of income including federal, state, local, non-profit assistance of subsidy program.

This jurisdiction emphasizes enforcement of federal and state protected classes.

This jurisdiction emphasizes enforcement of federal and state protected classes.

(Rockland County §261-3)​

In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:

  • Source of Income6
  • Alienage/Immigration/Citizenship Status
  • Ethnicity
  • Gender
  • Veteran Status
  • Victim of Domestic Violence, Sexual Abuse, or Stalking

6Source of Income in Rockland and Westchester counties means lawful, verifiable income derived from social security, supplemental security income, unemployment benefits or any other form of federal, state, or local public assistance or housing assistance, grant, or loan program, including the federal housing choice voucher program, known as "Section 8," any disability payment, and assistance, grant or loan program from a private housing assistance organization or any payments from pensions or annuities.

(Suffolk County Code §§ 528-6; 528-9)

In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:

  • Source of Income7
  • Alienage/Citizenship Status
  • Gender
  • Veteran Status
  • Victim of Domestic Violence
  • Natural Hairstyle/Protective Hairstyle (Includes, but is not limited to, braids, locks, and twists.)
  • Donning of Religious Garments

7Source of Income in Suffolk County includes, but is not limited to, income derived from social security, or any form of federal, state, or local public assistance or housing assistance, including the Housing Choice Voucher Program.

(Ulster County Ch 216 on Human RightsLocal Law No. 7-2004)​

In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:

  • Alienage/Citizenship Status
  • Ancestry
  • Ethnicity
  • Gender
  • Gender Dysphoria
  • Transgender Status

 

(Westchester County Code § 700.19, et seq.)

In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:

  • Source of Income8
  • Alienage/Citizenship Status
  • Ethnicity
  • Gender
  • Victim of Domestic Violence, Sexual Abuse, or Stalking

City of Yonkers Protected Classes

This jurisdiction emphasizes enforcement of federal, state and county protected classes.

8Source of Income in Rockland and Westchester counties means lawful, verifiable income derived from social security, supplemental security income, unemployment benefits or any other form of federal, state, or local public assistance or housing assistance, grant, or loan program, including the federal housing choice voucher program, known as "Section 8," any disability payment, and assistance, grant or loan program from a private housing assistance organization or any payments from pensions or annuities.