Source of Income Discrimination (2024)

What is discrimination based on lawful source 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. It is unlawful for landlords and brokers to publish any advertisem*nts, including online or print, that indicate a refusal to accept these programs, or express a preference for non-voucher holders.

Lawful source of income includes many kinds of subsidies or assistance from federal, state, or local public sources such as Section 8, Supplemental Security Income (SSI), HIV/AIDS Services Administration (HASA), CityFHEPS, and G.I. Bill Housing Allowances, among others.

Source of income discrimination has been illegal in New York City since 2008. Most New York City rental properties are subject to the NYC Human Rights Law's source of income protections, regardless of number of units in the property. (Exceptions apply to small owner-occupied buildings and units that are not publicly advertised.)

Download our multilingual Lawful Source of Income Fact Sheet for a quick overview of the law and how to get help from the Commission.

How does the Commission fight discrimination based on lawful source of income?

In recent years, the Commission has significantly increased its efforts to combat source of income discrimination through aggressively investigating and prosecuting landlords and brokers of various sizes citywide who refuse to rent to tenants who pay rent with housing vouchers and other types of housing assistance. The Commission is also obtaining immediate relief from discrimination through emergency interventions, proactively fighting discrimination through testing and investing in public outreach and education. The Commission has had a source of income unit within the Law Enforcement Bureau since 2018, focused on addressing and combating voucher discrimination in housing.

Emergency Interventions

The Commission has created a new mechanism to respond more quickly to urgent source of income discrimination cases. Where someone has faced a denial of housing by a landlord or broker because they use housing assistance vouchers or subsidy, the Commission's Source of Income Unit contacts the landlord or broker to educate them about source of income discrimination. These contacts and interactions can result in that person securing or maintaining housing.

The Commission has resolved hundreds of source of income cases through emergency interventions since 2018, resulting in voucher holders preserving their vouchers, accessing housing, and/or maintaining housing.

Investigations

Since 2018, the Commission has filed 176 cases of discrimination based on lawful source of income against landlords and brokers across the city.
Since 2014, the Commission has obtained over $780,000 in damages and penalties for complainants who have faced source of income discrimination.
The Commission has successfully negotiated case resolutions in which landlords agree to set aside a certain portion of their holdings specifically for voucher-holding tenants, in addition to other terms of the settlements.

Testing

The Commission revitalized its testing program in 2016. Many of the tests conducted in housing discrimination were implemented to root out discriminatory landlords and brokers. To identify source of income discrimination, the Commission often uses many different methods of testing, including matched pair, in-person, telephone, and online testing.

Public Education

The Commission continues its robust public outreach efforts to inform New Yorkers about their housing rights under the NYC Human Rights Law and prevent future acts of discrimination by training landlords and brokers about their obligations.

The Commission has held hundreds of workshops and outreach events to educate tenants about their housing rights under the law, including an annual symposium on protections in housing under the NYC Human Rights Law.
The Commission collaborates with housing advocates, elected officials, and City agencies, including Neighbors Together, Unlock NYC, Make the Road, New York Legal Assistance Group, WIN-NY, African Services Committee, Urban Justice Center, Legal Services, and sibling NYC agencies to address housing discrimination and inform people of their rights.

How has the Commission won justice for people like me?

The Commission has resolved over 350 cases of source of income discrimination in the past two years. Here are a few examples.

As a result of Commission testing, the Commission fined Abeco Management $20,000 for refusing to accept tenants with vouchers. The Commission also ordered the company, which owns 40 buildings, to train all staff on the NYC Human Rights Law and provide the Commission's Fair Housing notice to all tenants.
In a settlement with Bronstein Properties, after Bronstein allegedly informed an individual qualified for the HIV/AIDS Services Administration ("HASA") program that housing assistance programs were not accepted. The Company agreed to revise their policies and application materials, post the Commission's "Notice of Rights" posters, set aside 20 apartments, and pay complainant emotional distress damages.
A settlement with REM Residential after allegations that REM would not complete paperwork required for Section 8 resulted in damages, the set aside of five apartments for voucher holders, postings, trainings, and emotional distress damages.

As a real estate salesperson or broker, how can I be a partner to fight housing discrimination?

Please attend The City Human Rights Law and Discrimination in Housing course and earn free 1.5 CE credit for real estate salesperson or broker for real estate license continuing education credit (NYCEM).

Share these social media graphics that help identify discrimination

Download: Lawful Source of Income Fact Sheet

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Frequently Asked Questions for Brokers/Agents/Owners re: Lawful Source of Income

Frequently Asked Questions for Landlords re: Lawful Source of Income

Frequently Asked Questions for Tenants re: Lawful Source of Income

What do I do if I experience discrimination based on lawful source of income?

If you experience source of income discrimination, we can help. Report it to the NYC Commission on Human Rights by dialing 311 and asking for "Human Rights," call 212-416-0197, or use our Report Discrimination form.

FAQs

What is an example of source of income discrimination? ›

Examples & Warning Signs of Source of Income Discrimination

Setting income requirements artificially high (i.e. monthly income must be four times the rent) in order to exclude applicants who receive public benefits.

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What is discrimination on the basis of income? ›

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Does credit matter if you have a voucher? ›

If you have a housing voucher that covers 100% of the rent, you should not be rejected based on your credit. If you pay a portion of the rent out of pocket, your credit may be considered on a case-by-case basis.

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What is source of income discrimination in Ohio? ›

Source of income (SOI) discrimination is the practice of landlords, owners, and real estate brokers to refuse to rent to prospective tenants because of the origin of the funds that the tenant has available.

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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.

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What is an example of an income source? ›

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

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How to prove pay discrimination? ›

If you believe that you have been the victim of pay discrimination, there are several steps you can take to prove it. By collecting data, comparing pay rates, checking for discrimination, documenting evidence, and filing a complaint, you can hold your employer accountable and seek justice for unfair compensation.

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What to do if you are being paid unfairly? ›

An employee who has experienced an Equal Pay Act violation can file a claim with the Labor Commissioner's Office or file an action in court. For information about filing a claim with the Labor Commissioner's Office, go to https://www.dir.ca.gov/dlse/Equal_Pay_Act_Instruction_Guide.pdf.

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What is a legal source of income? ›

• “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.

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Do I have to accept a voucher instead of a refund? ›

Some give a full refund and others might just offer an exchange or gift voucher, but these are both goodwill gestures - legally they don't even have to do that. Usually, larger stores have better returns policies for unwanted goods. Always check the returns policy before you buy and keep hold of your receipt.

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Is a voucher better than a refund? ›

Before agreeing to credits or vouchers, consumers should ask for a full refund. Refunds are more useful because having money in your pocket gives you more control than money that's good only for a flight with a specific airline.

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Can a landlord discriminate based on credit score? ›

Yes. There are certain items where discrimination is not allowed. Typically race, gender, marital status are protected from discrimination. A credit score is not one of the protected areas.

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What is the meaning of source of income? ›

something that provides a regular supply of money, such as employment, investments, a pension etc.

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What are protected income sources? ›

Types of protected income include social security, SSI, SSDI, and veterans' benefits. These income sources cannot be taken out of a bank account by a creditor.

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What is the most common discrimination claim according to EEOC? ›

Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. As EEOC works to address this issue, you can help. Learn more about what constitutes retaliation, why it happens, and how to prevent it.

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What is an example of income inequality? ›

Income inequality measures the distribution of income throughout a population. In the United States, for example, a greater share of aggregate income is now going to upper-income households and the share going to middle- and lower-income households is falling, meaning income inequality has increased.

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What is an example of wage discrimination? ›

For example, pay discrimination may be occurring if male employees are offered higher starting salaries than female employees in the same job who have similar skills and qualifications, or if Hispanic employees are paid less than White employees even though their performance evaluations are similar, or if employees ...

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What is an example of not a source of income? ›

A student loan payment is a money paid out. So, it does not qualify as income.

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Which is an example of a source of income not earned through work? ›

Unearned income is not acquired through work or business activities. Examples of unearned income include inheritance money and interest or dividends earned from investments.