Can a co-op board reject my application without giving a reason?

What the Law Says

Federal law does not require co-op boards to explain why they reject an applicant. However, it strictly prohibits rejecting applicants for reasons tied to protected characteristics.

Under the Fair Housing Act (FHA), it is illegal for housing providers — including cooperative housing boards — to refuse to sell or rent a dwelling, or to otherwise make housing unavailable, because of race, color, religion, sex, familial status, national origin, or disability.

The FHA applies to co-ops because courts and HUD have consistently held that co-op boards act as 'housing providers' when approving or denying occupancy through share purchases and proprietary leases.

Importantly, the law does not require boards to give reasons for rejection — but if a rejected applicant shows evidence the decision was motivated by a protected characteristic, the board may face liability even without an explicit statement.

Statutory Text

It shall be unlawful To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.

— 42 U.S.C. § 3604(a) — Discrimination in housing

Statutory Text

It shall be unlawful To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.

— 42 U.S.C. § 3604(b) — Discrimination in housing

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