Source of Income

FAIR HOUSING AND SOURCE OF INCOME

On April 12, 2019, New York State amended the New York State Human Rights Law to include a lawful source of income as a protected class under fair housing law. This law applies to nearly all types of housing in New York State. Source of income discrimination is often directed at those whose lawful income comes from sources other than a paycheck.  

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LAWFUL SOURCES OF INCOME INCLUDE BUT ARE NOT LIMITED TO:

• Federal, State, or Local Housing Assistance (includes Section 8 and ERAP)

• Federal, State, or Local Public Assistance

• Child Support

• Foster Care Subsidies

• Social Security Benefits (SSI/SSD)

• OLMSTEAD Housing Subsidy

• Alimony or Spousal Support

• Security Deposit Guarantees

• Any Other Forms of Lawful Income

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WHAT DOES THE SOURCE OF INCOME DISCRIMINATION LOOK LIKE:

• A housing provider or real estate professional refuses to sell, rent, or deny public or private housing because of the use of a voucher or ERAP

• Setting unreasonable income formulas or wealth requirements for tenants with subsidies that effectively limit someone’s ability to rent with a subsidy

• Providing  unequal terms, conditions, and privileges to a tenant based on their source of income such as subjecting voucher holders to different application requirements

• Refusal of a lawful source of income as a means to evict an existing tenant

• Advertising any housing information or use of any form or application that in any way suggests discrimination or a preference based on the source of income

• Refusing to accept a security deposit guarantee (sometimes called a Tenant Rental Agreement) in place of a cash security deposit

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If you believe you have been the victim of housing discrimination because of your source of income, please contact us for assistance.

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