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. Please consult with local counsel before taking any action based off of the information provided.
On these pages, you will find information about 1) the protected classes in each state’s fair housing law, 2) protected classes in the cities and counties in the state’s three largest city or metropolitan areas, and 3) protected class information in additional jurisdictions of interest to NAA members. 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 September 2022.
New York Protected Classes
(New York State Executive Law Article 15 § 296 [2-a; 5])
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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.
This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
(Broome County Charter and Code)
This jurisdiction emphasizes enforcement of federal and state protected classes
Binghamton Protected Classes
(Binghamton Municipal Code §§ 64-1, et seq.; 45-11)
This jurisdiction emphasizes enforcement of federal, state, and county protected classes
This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
(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
Amherst Protected Classes
This jurisdiction emphasizes enforcement of federal, state, and county protected classes
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 section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
This jurisdiction emphasizes enforcement of federal and state protected classes
This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
(Tompkins County Code § 92-5(3))
This jurisdiction emphasizes enforcement of federal, state, and county protected classes
Ithaca Protected Classes
(Ithaca Municipal Code § 215-7)
In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:
- Citizenship Status
- Domestic Violence Victim Status
- Ethnicity
- Height
- Immigration Status
- Predisposing Genetic Characteristics
- Socio-economic Status
- Weight
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 § 8-107-5)
In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:
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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.
This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
(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
This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
(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:
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Farmingdale Protected Classes
This jurisdiction emphasizes enforcement of federal, state and county protected classes
Glen Cove Protected Classes
(Glen Cove Municipal Code §§ 139-1, et seq.)
This jurisdiction emphasizes enforcement of federal, state, and county protected classes
Hempstead Protected Classes
This jurisdiction emphasizes enforcement of federal, state and county protected classes
Lynbrook Protected Classes
This jurisdiction emphasizes enforcement of federal, state and county protected classes
Valley Stream Protected Classes
(Valley Stream Municipal Code)
This jurisdiction emphasizes enforcement of federal, state and county protected classes
West Hempstead Protected Classes
West Hempstead is a neighborhood of Hempstead
5Source of income in Nassau County means any lawful source of income including federal, state, local, non-profit assistance of subsidy program.
This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
This jurisdiction emphasizes enforcement of federal and state protected classes
Newburgh Protected Classes
(Newburgh Municipal Code § 38-4)
This jurisdiction emphasizes enforcement of federal, state, and county protected classes
This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
This jurisdiction emphasizes enforcement of federal and state protected classes.
This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:
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Ramapo (Sloatsburg) Protected Classes
This jurisdiction emphasizes enforcement of federal, state, and county protected classes
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.
This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
(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:
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Hauppauge Protected Classes
Hauppauge is a census-designated place
Lindenhurst Protected Classes
This jurisdiction emphasizes enforcement of federal, state, and county protected classes
Port Jefferson Protected Classes
(Port Jefferson Municipal Code)
This jurisdiction emphasizes enforcement of federal, state, and county protected classes
Port Jefferson Station (Hamlet of Brookhaven)
(Brookhaven Municipal Code § 21A-4)
This jurisdiction emphasizes enforcement of federal, state, and county protected classes
Yaphank Protected Classes
Yaphank is a census-designated place in Suffolk County.
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.
This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
(Ulster County Ch 216 on Human Rights; Local Law No. 7-2004)
In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:
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This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
(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
(Yonkers Municipal Code § C14-20)
This jurisdiction emphasizes enforcement of federal, state and county protected classes
Bronxville Protected Classes
This jurisdiction emphasizes enforcement of federal, state and county protected classes
New Rochelle Protected Classes
This jurisdiction emphasizes enforcement of federal, state and county protected classes
Ossining 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.
This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.
This jurisdiction emphasizes enforcement of federal and state protected classes
Syracuse Protected Classes
(Syracuse Municipal Code Part L § 8-4)
In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:
- Lawful source of Income9
9The term "lawful source of income" includes payments from a lawful occupation or employment, as well as other lawful payments including, but not limited to, any form of state, federal or local public assistance, income derived from social security, pensions, annuities, state or federal disability programs or benefits, child support, alimony, foster care subsidies, unemployment benefits, disability or unemployment insurance, veteran's benefits, government subsidies such as Housing Choice Vouchers (also referred to as "Section 8 Vouchers") or other housing subsidies. The term "lawful source of income" shall include payments to, or on behalf of, the head of household, or to, or on behalf of, any of the members of their household who will be listed on the lease as residents living in the dwelling unit with the head of household, or any combination of such payments.