Fair Housing Act in New York: Know the Laws

Key Takeaways

• Multiple layers of protection: In Long Island, renters are shielded from discrimination by the federal Fair Housing Act, the New York State Human Rights Law, and applicable local ordinances. Landlords must comply with all three levels.
• Broad range of protected classes: Beyond the seven federal classes (race, color, disability, religion, sex, national origin, familial status), New York law adds age, creed, sexual orientation and gender identity, military status, lawful source of income, and marital status, expanding the groups that cannot be discriminated against.
• Compliance hinges on non‑discriminatory practices: To avoid hefty fines and legal risk, landlords should know all protected classes, use clear and fair rental policies and advertising language, apply uniform screening criteria, and provide reasonable accommodations for disabled tenants.

New York Fair Housing Act: An Overview

In Eastern Long Island, renters are protected from discrimination at the federal and state level. Federally, they are protected by the Fair Housing Act (FHA) and at the state level, the New York State Human Rights Law applies. Renters may be protected by local laws as well. 

These laws require housing providers, including landlords, to give residents fair housing opportunities regardless of them belonging to certain protected classes of people that have been systemically subject to bias and discrimination throughout history.

As a housing provider, you must treat residents equally, fairly, and respectfully in all facets of the landlord-tenant relationship (whether that be when advertising the unit, screening prospective residents, or even evicting residents for lease violations), and you must do so in accordance with the FHA and other New York landlord-tenant laws.

Before renting out your New York home, make sure to familiarize yourself with the Fair Housing Act and other state and local laws that apply to you and your rental business.

In this blog by Keyrenter Eastern Long Island, you’ll learn all the basics, from what the act is, to what you can do to stay legally compliant, and everything in between.

What is the Federal Fair Housing Act?

The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on seven protected classes: 

• Race
• Color
• Disability
• Religion
• Sex
• National Origin
• Familial Status (presence of children under 18)

The goal of the act is to ensure equal and fair access to housing opportunities for all residents, regardless of their inherent identities. It is enforced by the U.S Department of Housing and Urban Development. 

The act applies not only to landlords, but to other housing providers as well, including:

• Mortgage lenders, banks, and other financial institutions that provide financing for housing;
• Real estate brokers, agents, and appraisers;
• Property managers and superintendents who are hired by rental property owners to oversee day-to-day operations;
• Homeowners associations (HOAs) and condominium associations;
• Housing builders and developers; and
• Entities that provide public housing or other government-assisted housing.

Housing Types Covered By the Fair Housing Act in New York

The Fair Housing Act covers most public and private housing relevant to New York, including:

• Single-family homes;
• Apartments and condominiums;
• Public and subsidized housing;
• Housing dedicated to students;
• Nursing homes, group homes, and hospices; and
• Mobile homes and trailer parks.

While the FHA covers a broad range of housing, some limited exceptions exist. The few cases in which FHA law does not apply in New York include:

• Single-family homes that are rented out by the owner without the use of professional agent services, and if the owner owns three or fewer homes (however, they must advertise the home in a non-discriminatory manner).
• Owner-occupied buildings with a maximum of four units. One of the units must be the owner’s primary residence.
• Housing operated by a private club or a religious organization and limits occupancy exclusively to its members.
• Housing designated for older persons. These cases are only exempt from discrimination on the basis of familial status.

Additional Protected Classes Under New York State Human Rights Law

Aside from the seven protected classes covered under federal law, the New York State Human Rights Law covers a wider range of classes of people who are protected by fair housing law:

• Age: As a landlord, you cannot deny a resident the opportunity to rent your property solely based on their actual or perceived age.
• Creed: Similarly to the federal protection against religious discrimination, it’s illegal to deny a housing opportunity to a prospective resident based on their set of moral or ethical beliefs and the practices and observances associated with those beliefs. This protects people who may not be affiliated with one specific religion but who may present as adhering to a certain belief system.
• Sexual Orientation and Gender Identity/Expression: Should a prospective tenant disclose their sexual orientation or gender identity to you, it would be illegal to deny that person housing based solely on your perception of that disclosure or on your own assumptions about their sexual orientation or gender identity.
• Military Status: It’s illegal to deny a housing opportunity to someone because of their lawful occupation as a member of the military.
• Lawful source of income: You cannot deny housing to someone who receives financial support in the form of public or housing assistance, Social Security, supplemental security income, pension, child support, alimony, foster care subsidies, annuities, or unemployment benefits.
• Marital Status: It would be discriminatory to show favoritism or limitation based on a prospective tenant’s marital status, including the state of being single, divorced, or married.

Issues of discrimination against these classes of people are fielded by the New York State Division of Human Rights.

Tips for New York Landlords to Stay Legally Compliant

When renting out a property in New York, you’ll want to stay legally compliant with the applicable fair housing laws. Financial penalties for violating fair housing laws in New York are significant, and become even more detrimental for repeat offenses. 

Here are some ways you can avoid major hits to your business and act responsibly:

• Understand the protected classes under federal, state, and local fair housing laws.
• Create rental policies that are clear and contain non-discriminatory policies.
• Avoid discriminatory phrases when advertising the unit.
• Apply consistent criteria when screening prospective residents.
• Make reasonable accommodations for disabled residents.

Conclusion

Being a successful landlord begins with understanding your legal responsibilities. In New York, these are all contained under NYS Real Property law, Chapter 50, Article 7. Not knowing the law doesn’t protect you from litigation, it puts you at risk, and violating the Fair Housing Act in particular can result in severe fines, legal penalties, and damage to your reputation. 

We hope this article has given you some workable knowledge of fair housing law to help you protect yourself from legal trouble and your tenants from discrimination. If you want the peace of mind that hiring an expert property management company with working knowledge of landlord-tenant law in New York gives you, look no further than Keyrenter Eastern Long Island. 

Thanks to our hands-on, responsive approach to property management, we’re a top choice for property management services in Patchogue, NY and its surrounding areas. Contact us today!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.