Can my landlord refuse to rent to me because I have a housing voucher?

What the Law Says

New York State law explicitly prohibits landlords from refusing to rent—or treating applicants differently—because they use a housing voucher or other lawful source of income.

The New York State Human Rights Law was amended in 2019 to add 'source of income' as a protected class. This means it’s illegal for landlords to deny housing, set different terms, or steer applicants away because they receive government assistance like Section 8 or other housing vouchers.

This protection applies statewide—including in cities, suburbs, and rural areas—and covers all rental housing unless specifically exempt (e.g., owner-occupied two-family homes where the owner lives in one unit). Landlords who violate this law may face civil penalties, damages, and mandatory training.

New York City has its own stronger protections under the NYC Administrative Code, which also bans source-of-income discrimination and includes enforcement by the NYC Commission on Human Rights.

Statutory Text

It shall be an unlawful discriminatory practice for any person engaged in the business of selling, renting or leasing housing accommodations … to refuse to sell, rent or lease or otherwise deny or withhold housing accommodations from any person because of … source of income.

— N.Y. Exec. Law § 296(5)(a) — Unlawful discriminatory practices in housing

Statutory Text

‘Source of income’ means the lawful source of money or financial support used to pay rent, including but not limited to federal, state or local public assistance, housing vouchers … or income from a trust.

— N.Y. Exec. Law § 292(30) — Definitions

What to Do

Sources