For Tenants

Source of Income Discrimination in NYC: Know Your Rights as a Voucher Holder

VoucherKing Editorial·April 1, 2026·6 min read

One of the biggest barriers for NYC voucher holders is finding landlords willing to work with the program. But many don't know that NYC law explicitly prohibits landlords from refusing to negotiate with tenants based on their housing voucher. This protection is stronger in New York City than almost anywhere else in the country.

The Law: NYC Admin Code §8-107

Under the New York City Human Rights Law, 'lawful source of income' is a protected class in housing — the same as race, religion, gender, or national origin. This means a landlord cannot refuse to rent, refuse to show a unit, or impose different terms on a tenant solely because they have a CityFHEPS, Section 8, FHEPS, HASA, or any other government-issued housing voucher.

What Counts as Discrimination?

Refusing to show or rent a unit 'because we don't take Section 8'
Advertising 'no vouchers' or 'no programs'
Agreeing to show a unit but then claiming it's rented once they learn you have a voucher
Charging a higher security deposit or adding extra fees for voucher holders
Refusing to complete the required paperwork (RTA forms, HAP contract)
Canceling a lease after learning the tenant has a voucher

How to File a Complaint

Online: nyc.gov/humanrights (click 'File a Complaint')
Phone: 212-416-0197
In person: NYC Commission on Human Rights offices at 22 Reade St, Manhattan
You have up to one year from the discriminatory act to file

Document everything. Save screenshots of discriminatory ads, write down the date and time of any refusals, and keep all text/email communications with the landlord. This evidence is critical for your complaint.

What Remedies Are Available?

The Commission may require the landlord to rent to you
Compensatory damages (emotional distress, lost housing costs)
Civil penalties against the landlord of up to $125,000
Attorney's fees paid by the landlord

What if the landlord says my voucher doesn't cover the full rent?

That's a legitimate reason not to proceed — if the rent genuinely exceeds your payment standard, the landlord isn't discriminating. However, many landlords will reduce the rent to the payment standard to secure reliable direct subsidy payments. Ask before walking away.

Is this law enforced?

Yes. The NYC Commission on Human Rights actively investigates complaints and has imposed significant penalties on landlords found to discriminate on source of income grounds. Legal aid organizations like the Legal Aid Society and MFY Legal Services also take these cases.

Does this law apply outside NYC?

Source of income protections vary by jurisdiction. New York State has state-level source of income protections (Housing Stability and Tenant Protection Act), but protections in other cities and states may be weaker or nonexistent.