Source-of-income discrimination is the most common form of housing discrimination in New York City. It is also the most enforceable. Whether you are a renter who just had a door slammed on your voucher or an agent making sure your team is on the right side of the law, this is the practical guide to NYC's source-of-income protections.
TL;DR
- Source of income — including Section 8, CityFHEPS, FHEPS, HASA, SOTA, EVH and other vouchers — is a protected class in NYC.
- The NYC Human Rights Law prohibits refusal, discouragement, different terms, and discriminatory advertising.
- Penalties include civil fines, damages, and mandatory training.
- Renters can file free complaints with the NYC Commission on Human Rights (CCHR).
- Agents and landlords need a paper trail of even-handed screening to defend against complaints.
What "source of income" means
Lawful source of income in NYC includes:
- Housing vouchers (Section 8, CityFHEPS, FHEPS, HASA, SOTA, EVH, and similar programs)
- Social Security and SSI
- Unemployment
- Child support and alimony
- Veterans benefits
- Federal and state tax credits used for rent
- Wages and self-employment income
It is illegal for a landlord, agent, or staff member to treat any of these income sources differently when renting an apartment.
What counts as a violation
The most common violations CCHR actually enforces:
- Refusal: "We don't take Section 8 / CityFHEPS / programs."
- Discouragement: "Sure, but the unit will probably fail inspection — try another building."
- Different terms: Demanding two months' security, extra fees, or higher pay-stub requirements only from voucher holders.
- Discriminatory advertising: "No programs," "income only," "must show pay stubs."
- Steering: Only showing voucher holders certain units, floors, or buildings.
- Ghosting after disclosure: A pattern of going silent after an applicant mentions a voucher.
What is not a violation
- Applying screening criteria — credit, background, prior landlord references — identically to all applicants.
- Rejecting a unit because the rent does not pass program rent reasonableness.
- Declining to rent for objective, documented reasons unrelated to source of income.
What renters should do
1. Document everything
- Save screenshots of listings.
- Save text and email threads.
- Note dates, times, names, and what was said.
- If discrimination happened in person, write down a memo to yourself the same day.
2. State the law calmly
A practiced line: "Source of income is a protected class in NYC. Refusing to rent to me because of my voucher would violate the NYC Human Rights Law." Sometimes that resolves it; even if not, it strengthens your record.
3. Report it
- NYC Commission on Human Rights — file at nyc.gov/cchr or call 311.
- HUD — for federal Fair Housing Act claims at hud.gov/fairhousing.
- Private attorneys also pursue source-of-income cases; many work on contingency.
You do not have to lose your housing search to act. Filing is free and confidential.
What agents and landlords should do
1. Audit your advertising
- Search every active listing for "no programs," "income only," "no Section 8," "no CityFHEPS," "no vouchers," "must provide pay stubs," "credit only."
- Remove. Republish. Document.
2. Standardize your screening
- Publish your screening criteria.
- Require identical documents from every applicant.
- Keep a first-come, first-served log of applicants and dispositions.
3. Train every voice on the phone
The intake call is where most violations happen. Show every team member compliant phrasing and run the Agent Compliance Quiz.
4. Defend with a clean file
The single best defense to a complaint is a paper trail showing identical treatment. Standard screening criteria + identical document requests + dated, objective rejection notes = case dismissed.
Penalties for violations
CCHR can assess civil penalties, order damages to victims, mandate training, and require ongoing monitoring. Repeat or egregious cases can attract testing programs and public settlements.
Related resources
- Filing a Complaint with the NYC Commission on Human Rights (external)
- Accepting Section 8 — Agent Playbook
- Accepting CityFHEPS — Agent Playbook
- Glossary — NYCHRL, SOI, and other terms