lawful-source-of-income (2024)

The Law

It is illegal to be denied a housing opportunity because of a lawful source of income.

Lawful source of income includes income from Social Security, or any form of federal, state, or local public assistance or housing assistance including Section 8 vouchers.

Lawful Source of Income Discrimination

Any landlord with a building containing at least six units may not discriminate against a tenant or applicant because that individual intends to pay their rent with some lawful income other than a paycheck.

The landlord must accept your rental subsidy even if the building you are in or applying for doesn’t have six units if the landlord owns another building in NYC that has six or more units.

Discrimination means being treated differently by any person with the authority to rent, sell, or deal with applicants or residents of a housing accommodation. For example, a building owner or representative (such as a superintendent) is discriminating if they treat you differently because of your lawful source of income, such as refusing to accept your Section 8 voucher funds toward your rent payments.

These behaviors, policies, or practices could be evidence of discrimination:

  • Being denied an apartment application because the building owner rejects your partner’s or family member’s lawful source of income;
  • Being asked if you are receiving any government assistance or Social Security;
  • Advertising apartments with the phrase “No Programs” or “No Section 8” included;
  • Being told that the law doesn’t apply to rent-controlled units even though you were living there when the law went into effect in 2008;
  • Being told that the law only applies to new Section 8 voucher holders – not to existing tenants with vouchers.

The Law also prohibits retaliation if you file a discrimination complaint against someone, or act as a witness for someone else who files a complaint.

File a Complaint

If you believe you are the victim of housing discrimination, contact the NYC Commission on Human Rights by calling 311 or the Commission Infoline at (718) 722-3131.

Back to Who Is Protected.

lawful-source-of-income (2024)

FAQs

What does "lawful source of income" mean? ›

• “Source of income” means lawful, verifiable income. paid directly to a tenant or to a representative of a. tenant, or paid to a housing owner or landlord on. behalf of a tenant, including federal, state, or local. public assistance, and federal, state, or local.

What is an example of source of income discrimination? ›

Examples & Warning Signs of Source of Income Discrimination

Advertising that an individual “must have a job” to rent, or requiring documentation that is only available to working applicants, like paycheck stubs.

What is discrimination on the basis of income? ›

Discrimination based on lawful source of income is the illegal practice by landlords, owners, and real estate brokers of refusing to rent to current or prospective tenants seeking to pay for housing with housing assistance vouchers, subsidies, or other forms of public assistance.

Can a landlord deny rental assistance in Washington state? ›

Washington State legislation makes it illegal for landlords to discriminate against tenants based on their source of income to pay the rent. This law went into effect on September 30, 2018.

What do you put for source of income? ›

Three of the main types of income are earned, passive and portfolio. Earned income includes wages, salary, tips and commissions. Passive or unearned income could come from rental properties, royalties and limited partnerships. Portfolio or investment income includes interest, dividends and capital gains on investments.

What is an example of an income source? ›

Income sources are the various channels through which individuals or businesses earn money. These may include employment, investments, rental income, and royalties, among others.

Can I sue for being paid less than my coworkers? ›

Yes, you may file a claim. Because the Equal Pay Act compares jobs that are “substantially similar,” the job titles that are being compared do not have to be the same. What is important is whether the work itself is “substantially similar.”

What are unfair pay practices? ›

What are unfair wages? Unfair wages mean an employer does not fairly compensate their workers. The category “unfair wages” covers several types of workplace violations, including wage theft, failing to pay minimum wage, or withholding overtime pay. Discrimination in compensation also qualifies as unfair wages.

What are the 7 basis of discrimination? ›

The laws enforced by EEOC makes it unlawful for Federal agencies to discriminate against employees and job applicants on the bases of race, color, religion, sex, national origin, disability, or age.

What can a landlord not do in Washington state? ›

Landlords are generally prohibited from locking a tenant out of the premises, from taking a tenant's property for nonpayment of rent (except for abandoned property under certain conditions), or from intentionally terminating a tenant's utility service. Various penalties exist for violating these protections.

Do landlords have to tell you why they rejected you? ›

While these kinds of rejections are perfectly legal, here's the kicker—the landlord or rental agency must by law tell you why they are rejecting your application and give you a copy of the report that provided the negative information.

What is the new renters law in Washington state? ›

If you have a tenant vacating in 2024, be aware of the following updates to security deposit regulations: You have 30 days to return the security deposit or provide a written statement outlining why you need to keep money to repair or clean damage outside of regular wear and tear. This is an increase from 21 days.

What income do most apartments require? ›

Many apartments require you to have gross monthly income of three times the rent, To figure out how much rent you can afford, list all your other expenses, subtract those from your monthly gross income, and leave a little buffer for one-off expenses.

What is considered to be income? ›

Income can be money, property, goods or services. Even if you don't receive a form reporting income, you should report it on your tax return. Income is taxable when you receive it, even if you don't cash it or use it right away. It's considered your income even if it's paid to someone else on your behalf.

What is determined as income? ›

Adjusted gross income, also known as (AGI), is defined as total income minus deductions, or "adjustments" to income that you are eligible to take. Gross income includes wages, dividends, capital gains, business and retirement income as well as all other forms income.

What is a lawful source of income in NY? ›

The following sources of income are protected under the law:

any form of federal, state, or local public assistance (such as cash assistance) any form of federal, state, or local housing assistance (such as Section 8 vouchers) child support. alimony.

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