Can a Landlord Refuse Section 8 in NYC?

No. In New York City, landlords cannot refuse to rent to someone solely because they have a Section 8 voucher or other housing subsidy. This has been the law since 2008, when the NYC Human Rights Law was amended to add "lawful source of income" as a protected class.

This means that saying "we don't accept Section 8," refusing to complete voucher paperwork, or treating voucher holders differently than other applicants is illegal and can result in significant penalties.

What the Law Says

Under the NYC Human Rights Law, it is illegal to discriminate based on a person's "lawful source of income." This includes:

• Section 8 Housing Choice Vouchers (from NYCHA, HPD, or HCR)
• CityFHEPS
• FHEPS
• HASA (HIV/AIDS Services Administration)
• SOTA (Special One-Time Assistance)
• Supplemental Security Income (SSI)
• Social Security
• Veterans' GI Bill housing allowances
• Any other federal, state, or local public assistance or housing assistance

The law applies to almost all rental properties in New York City and covers landlords, property managers, real estate brokers, and agents.

What Landlords Cannot Do

The NYC Commission on Human Rights actively enforces source of income discrimination laws. The following actions are illegal:

Refusing vouchers outright:

"We don't take Section 8"

"No vouchers"

"No programs"

"The apartment isn't approved for Section 8" (when you haven't had an inspection)

Advertising discrimination:

Listing apartments as "No Section 8" or "No DSS"

Stating "apartment has not been approved for vouchers/subsidies"

Any language indicating voucher holders will be rejected

Creating barriers for voucher holders:

Requiring higher income thresholds than for market-rate tenants

Requiring a co-signer or guarantor when you don't require one from other applicants

Charging higher security deposits or application fees

Refusing to complete required paperwork for the Housing Authority

Claiming "administrative burden" as a reason to reject vouchers

Requiring proof of employment when the voucher covers the rent

Preferring certain vouchers over others:

"We take Section 8 but not CityFHEPS"

"We only accept certain programs"

All housing subsidies must be treated equally. Preferring one program over another still violates the law.

Treating voucher holders differently:

Steering voucher holders to less desirable apartments

Providing different lease terms or conditions

Delaying responses to voucher holders while processing other applications quickly

Raising the advertised rent when you learn the applicant has a voucher

What Landlords Can Do

The source of income law does not eliminate your right to screen tenants. You can:

Apply consistent screening criteria:

Run credit checks (though if the voucher covers 100% of rent, rejection based on credit may be harder to justify)

Check rental history and landlord references

Conduct criminal background checks (following fair housing guidelines)

Verify income sufficient to cover the tenant's portion of rent

Deny applicants who don't meet your documented, consistently-applied standards

The key word is consistent. Whatever criteria you apply to voucher holders must be the same criteria you apply to all applicants.

Calculate income requirements correctly: You can require that a tenant's income be 3x their monthly rent obligation. For voucher holders, this means 3x their portion of the rent, not 3x the total rent.

Example: If the total rent is $2,000 but the voucher covers $1,500 and the tenant pays $500, you can require the tenant to earn $1,500/month (3x their $500 portion). You cannot require $6,000/month (3x the total rent).

Reject applicants for legitimate reasons:

Poor rental history with documented lease violations

Eviction history that doesn't meet your standards

Criminal history directly related to tenancy (following fair housing law)

Insufficient income to cover their portion

Failed credit check (for tenants paying a portion of rent)

Any rejection must be based on consistently-applied criteria and documented. "We don't take vouchers" is never a valid reason.

Exceptions to the Law

There are only two narrow exceptions where landlords may not be required to accept vouchers under the NYC Human Rights Law:

• Owner-occupied two-family homes: If you live in a building with no more than two families living independently of each other, and you or a family member resides there, you may be exempt. The unit also cannot receive public assistance.

• Room rentals in owner-occupied units: If you rent a room in a unit where you or a family member lives.

Even if you fall into one of these exceptions, you may still be covered by New York State source of income protections or other applicable laws. When in doubt, consult an attorney or contact the NYC Commission on Human Rights at 212-416-0197.

Consequences of Discrimination

The NYC Commission on Human Rights takes source of income discrimination seriously and has ramped up enforcement in recent years. Consequences can include:

Monetary penalties:

Emotional distress damages to the complainant

Out-of-pocket expense reimbursement

Civil penalties up to $250,000 per willful violation

Required payment to secure alternative housing

Other remedies:

Required to rent the apartment (or a similar one) to the complainant

Mandatory fair housing training for all staff

Posting of "Notice of Rights" in buildings

Monitoring of future rental practices

Reporting of licensed brokers to the New York State Licensing Division

Recent enforcement examples:

The Commission fined Abeco Management $20,000 for refusing to accept vouchers and ordered company-wide training across their 40 buildings

Bronstein Properties settled after allegedly refusing HASA applicants, agreeing to set aside 20 apartments, revise policies, and pay damages

REM Residential settled after allegedly refusing to complete Section 8 paperwork, agreeing to set aside 5 apartments and pay damages

Since 2018, the Commission has filed over 176 cases of source of income discrimination and obtained over $780,000 in damages and penalties.

How Tenants Document Discrimination

Voucher holders are increasingly aware of their rights and know how to document discrimination. Common methods include:

Recording conversations: New York is a one-party consent state, meaning tenants can legally record phone calls without telling you.

Testing: The Commission and fair housing organizations conduct "matched pair" testing, where one tester with a voucher and one without both inquire about the same apartment to see if they're treated differently.

Screenshots and saved messages: Texts, emails, and online messages can all be used as evidence.

Witness inquiries: A friend or advocate may call about the same apartment after a voucher holder is rejected to see if the unit is "suddenly" available.

If a tenant reports discrimination, the Commission may contact you to investigate. Having documented, consistently-applied screening criteria protects you from accusations that a rejection was voucher-based rather than criteria-based.

Best Practices for Compliance

Document your screening criteria: Write down your requirements before accepting applications. Apply them consistently to everyone.

Train your staff: Anyone who shows apartments, answers calls, or processes applications must understand that refusing vouchers is illegal.

Review your advertisements: Remove any language suggesting you won't accept vouchers or prefer non-voucher tenants.

Process applications promptly: Delays for voucher holders that don't occur for other applicants can be evidence of discrimination.

Complete required paperwork: The "administrative burden" of voucher paperwork is not a valid reason to reject voucher holders. Courts have specifically ruled on this.

Document rejections: If you deny an applicant, have a clear, legitimate reason based on your screening criteria. Document it.

Accept all voucher types equally: Don't pick and choose which programs you'll accept. CityFHEPS, Section 8, HASA, and other programs must all be treated the same.

The Business Case for Accepting Vouchers

Beyond legal compliance, there are good business reasons to accept voucher holders:

Guaranteed partial payment: 70-100% of rent comes directly from the government via direct deposit.

Longer tenancies: Research shows voucher holders in NYC stay in the program for over 15 years on average, and tend to remain in place longer than market-rate tenants.

Motivated tenants: Finding accepting landlords is difficult. Tenants have strong incentive to maintain the property and follow the lease.

Built-in accountability: Tenants risk losing their voucher (and years-long waitlist position) if evicted.

Free marketing: Housing Authorities maintain lists of available units and refer voucher holders to participating landlords.

Many landlords who initially resisted voucher tenants have become enthusiastic participants after experiencing the stability and reliability of the program.

Resources

NYC Commission on Human Rights:

Source of Income Discrimination

Tenant FAQ (PDF)

Infoline: 212-416-0197

NYS Division of Human Rights:

Source of Income Guidance

NYC Fair Housing:

Lawful Source of Income

Report Discrimination:

NYC Commission on Human Rights: File a Complaint

NY Attorney General: Source of Income Discrimination

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Ready to accept voucher tenants? List your property on VoucherMatch and connect with qualified voucher holders searching for housing.

Have a voucher and facing discrimination? Document everything and report to the NYC Commission on Human Rights at 212-416-0197. You can also browse voucher-friendly listings from landlords who welcome your application.