Key Takeaways
The FHA protects tenants and applicants from housing discrimination at both federal and state levels.
New York provides additional protections beyond federal law, including source of income, age, and gender identity.
Landlords must treat all applicants fairly, apply screening criteria consistently, and comply with local anti-discrimination laws.
As a New York landlord, one of your most important legal responsibilities is complying with the state’s anti-discrimination laws. These laws outline what the Fair Housing Act (FHA) covers, who is protected, and what steps landlords must take to remain compliant.
Under the New York Real Property Law § 220–238A, housing discrimination is prohibited, and complaints are handled by the New York State Division of Human Rights.
In this guide from Yourway Properties, Inc., you’ll learn the fundamentals of the FHA in New York, including protected classes, exemptions, and practical tips to help you avoid discrimination complaints.
What is the Federal Fair Housing Act?
The Federal FHA, also known as Title VIII of the Civil Rights Act of 1968, is a landmark law that prohibits discrimination in housing and housing-related activities.
The Act makes it illegal for landlords, real estate agents, and property managers to deny housing or treat individuals differently based on protected characteristics such as race, color, or nationality.
Protected Classes Under Federal Law
The Fair Housing Statutes protect people from housing discrimination based on seven characteristics:
Race
Color
Religion
Sex
National origin
Disability
Familial status
These protections against housing discrimination apply broadly to most types of housing, including public housing, private rentals, and any housing that receives federal assistance. While a few limited exemptions exist, most landlords must comply with the Act’s provisions against housing discrimination.
What is the Fair Housing Law in New York?
In addition to federal protections, New York State provides expanded coverage under the New York Human Rights Law, so it doesn’t just affect housing providers. This protects people against discrimination based on characteristics such as sexual orientation, national origin, marital status, and more under New York State Law.
Additional Protected Classes in New York
The state adds several categories to ensure even broader protection under the landlord-tenant law. These include:
Age
Creed
Marital status
Military status
Gender identity or expression.
Sexual orientation
Lawful occupation
Lawful source of income.
Partnership status
Status as a victim of stalking, domestic violence, or sex offenses.
New York landlords must ensure that none of these protected traits influence their rental decisions or advertising in order to protect against housing discrimination.
Examples of Discrimination
Understanding how discrimination based on these characteristics can occur under the Fair Housing laws is essential for compliance. Below are some examples of prohibited behavior:
Age: Denying a rental application because of a person’s age or advertising for a “mature” tenant is discriminatory.
Citizenship Status: Refusing to rent to someone based on their citizenship or immigration status violates fair housing protections.
Color: Making biased statements, such as suggesting a tenant “might not fit in” due to neighborhood demographics, is illegal.
Disability: Landlords may not deny housing based on a physical, mental, or psychological disability. They must also provide reasonable accommodations, such as allowing service animals even if pets are typically not permitted.
Familial Status: Families with children under 18 cannot be restricted to certain floors or units. Asking whether tenants plan to have children in the future also violates fair housing law.
What Type of Housing is Exempt from Fair Housing?
While most housing is covered under the Act, certain properties and situations are exempt.
Landlords should still exercise caution and avoid discriminatory practices whenever possible.
Main Exemptions
Owner-Occupied Buildings: If a property has four or fewer units and the owner lives in one, the building may be exempt. The owner must not use a real estate agent or discriminatory advertising.
Single-Family Homes: Owners of up to three single-family homes may rent without coverage, provided no real estate professional or discriminatory advertising is involved.
Religious Organizations and Private Clubs: These groups may limit rentals to their members, as long as membership itself is not discriminatory.
Housing for Older Persons: Properties that meet specific criteria, such as those exclusively for residents aged 62 and older, may lawfully exclude families with children.
Even if a property qualifies for an exemption, landlords should still act fairly and professionally to maintain compliance with New York’s broader Human Rights Law.
Tips for Landlords
Violating the FHA can lead to severe consequences, including fines, lawsuits, and reputational harm. Understanding and applying these laws correctly is key to operating successfully and ethically as a landlord.
To help you stay compliant, consider these practical tips:
Apply your tenant screening criteria consistently and objectively.
Avoid using any language in listings or advertisements that suggests preference, exclusion, or limitation.
Do not ask questions related to a prospective tenant’s protected status.
Provide reasonable accommodations and modifications for tenants with disabilities, such as allowing service animals or accessible installations.
Stay informed about any local fair housing laws, as some cities and counties may have additional requirements regarding aspects such as security deposits.
Following these steps helps ensure you create a fair, inclusive, and legally compliant rental environment. You have to stay vigilant from marketing your property to tenant eviction.
Bottom Line
To manage your New York rental property successfully, housing providers must treat every applicant and resident with fairness, consistency, and respect. Familiarity with the Act and state laws is the foundation of professional landlording.
If you need assistance managing your rental property or ensuring full compliance with New York’s fair housing regulations, Yourway Properties, Inc. is here to help. Our team specializes in providing professional property management services designed to protect your investment and keep you legally compliant.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Landlords and property owners should consult a qualified attorney or legal expert for guidance specific to their situation.