NYS Divison of Human Rights Fair Housing Month 2020
The New York State Division of Human Rights, in partnership with the New York State Department of State and New York State Homes and Community Renewal, presented a fair housing month event on Zoom.
publicly-assisted •Lessees or sub-lessees – Rentals •Managing agents – Co-ops and condos •Real estate brokers or agents – sales of single family homes, commercial space, etc. •Other persons having the right to sell, rent or lease a housing accommodation •Any agent or employee of the above
National Origin • Creed/Religion • Sex – Sexual Harassment & Pregnancy • Age • Sexual Orientation • Disability, Including Reasonable Accommodation • Familial Status • Marital Status • Military Status
person engaged in any activity to which the Human Rights Law applies to retaliate against a person for: •Filing a complaint, testifying or assisting in any proceeding brought under the Human Rights Law or •Otherwise opposing discrimination.
protected classes, a housing provider may not: • Refuse to sell, rent or lease housing; • Discriminate in terms, conditions or privileges of housing; including provision of services; • Discriminate because of an individual’s association with a person protected by the law; • Advertise or otherwise express discrimination or limitation or preference with respect to housing; • Make an inquiry during the interview process that expresses discrimination, preference or limitation.
all rooms to individuals of the same sex •Senior citizen housing that falls under the specific exemptions in the Law, with respect to age and familial status only •Religious institutions may limit to members of their religion
are dual-filed with HUD •One year to file a complaint •Alternative: file in state court within three years •You cannot file with both the Division and state court
has occurred, remedies may include: •Making the housing at issue available; •Making reasonable accommodations and/or modifications to housing or housing policies; •Compensation for mental anguish; •Compensation of out of pocket expenses;
•Civil fines up to $100,000; •Requiring the housing provider and staff to attend anti- discrimination training; •An order to cease the discriminatory actions or policies; •Attorney’s fees.
a vacant office on the ground level of a residential building for his business. He calls the landlord, explains that he runs a debt collection agency, they talk about rent and other terms, and they make an appointment to view the space the next day. At their first in-person meeting, James tells the landlord, who is white, that he likes the space and will take it. However, when he calls the landlord to arrange to pay the deposit, the landlord says he is concerned about his “white tenants” upstairs and the nature of James’ business, and says that he will not rent to James. Could this be against the law? • Yes. When James first spoke to landlord, he was eager to rent to him. After meeting in person, the landlord changed his mind about renting James. The landlord’s comments about “white tenants” upstairs may also lead to an adverse inference about his motivation.
Rights Law •On January 25, 2019, the Human Rights Law was amended to prohibit discrimination on the basis of gender identity or expression in all areas covered by the law including housing. •Preferences or prejudices of the housing provider or of other tenants are not a defense to discrimination
the necessary paperwork with his current legal name. The landlord later learns that the sex assigned to Thomas at birth was female. The landlord threatens to evict Thomas, and also harasses him to try to get him to leave. •Yes, this is discriminatory. It is against the law to harass a tenant or attempt to evict a person because of their gender identity.
There are restrooms in the building available to all tenants and all clientele. One of Ms. Rodriguez’s clients is a transgender woman. Her client is barred by building management from using the restroom consistent with her gender identity. When Ms. Rodriguez objects to this new policy, she’s informed that her lease will not be renewed. • Refusing to allow an individual to use a restroom consistent with their self-identified gender identity is against the law. Retaliation for opposing discriminatory practices is against the law as well.
based on lawful source of income in housing is prohibited. This protection applies to: •Sale, rental or leasing of public or private housing •The terms, conditions or privileges of housing or the use of facilities or services •Advertisements and applications •Real estate professionals
Income include: • Child Support • Alimony or spousal maintenance • Foster care subsidies • Social Security benefits • Federal, state or local public/housing assistance • Section 8 or any other type of voucher • Any other form of housing assistance regardless if paid to the tenant or to the landlord • Any other form of lawful income
requirements of housing subsidy programs is not a defense •Participation in housing subsidies is no longer “voluntary” in New York State for housing providers •Join DHR’s upcoming Source of Income presentation
by a landlord, who has an available apartment that Margaret can afford with her housing voucher, that vouchers are not accepted. Is this a valid reason to refuse to rent to Margaret? •No. The law requires that an apartment may not be denied to an applicant because of the use of a voucher.
her children, and with this support she is qualified to rent an available apartment. The landlord tells her that he does not take into account child support because fathers sometimes stop paying. •This is discriminatory. The landlord may evict a tenant who fails to pay the rent, but may not refuse to rent on speculation of future inability to pay based on the possibility that child support won’t be paid.
available to other tenants because he receives governmental housing assistance to pay part of his rent. Is this lawful? •No. Equal terms, conditions and privileges cannot be denied to a tenant on the basis of the source of the tenant’s income.
impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic technique, or; •a record of such an impairment, or; •a condition regarded by others as such an impairment.
as a substantial limitation of a major life activity. The definition of disability under the NYSHRL is more broadly construed and does not require the impairment to be substantial or affect a major life activity.
refuse to sell, rent, lease or otherwise deny any person a housing accommodation on account of disability. •It is unlawful for housing providers to discriminate against any person because of disability in the terms, conditions or privileges of the sale, rental or lease of any housing accommodation.
to use any form of application for the purchase, rental or lease of housing, or to make any inquiry in connection with the prospective purchase, rental or lease of housing which expresses any limitation, or discrimination as to disability.
refuse reasonable accommodations to allow a person with a disability to use and enjoy their home. •It is unlawful for housing providers to retaliate against and individual because they filed a NYSHRL complaint.
expense of a person with a disability, for “reasonable modifications” of existing premises occupied or to be occupied by such person if the modifications may be necessary for full enjoyment of the premises. •In the case of a rental the landlord may, where it is reasonable to do so, condition permission for a modification on the renter’s agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
states that it shall be an unlawful discriminatory practice to, “refuse to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford said person with a disability equal opportunity to use and enjoy a dwelling, including reasonable modifications to common use portions of the dwelling.”
practices or services include: •installation of a ramp in a common area; •waiving a no pet policy for a person with a disability who needs an emotional support animal; •moving a person with a disability to the top of a waiting list to secure a handicap parking space that is close to, and on an accessible route to one’s unit.
be designed and constructed in accordance with the accessibility requirements found in the New York State Uniform Fire Prevention and Building Code. • “Newly constructed” multi-family dwellings include those built for first occupancy after March 13, 1991. • “Multi-family dwellings” are defined as, a dwelling which is occupied for permanent residence, and which is either sold, rented, or leased to be occupied as the residence of three or more families living independently of each other.
portions of the dwellings are readily accessible to and usable by persons with disabilities; All doors are designed to allow passage into and within all premises and are sufficiently wide to allow passage by persons in wheelchairs; All premises within the units contain an accessible route into and through the dwelling;
use guide, hearing or service dogs that have been professionally trained have significant protections under the NYSHRL to have the dog go where they go.
have a disability related need for an emotional support animal can ask a landlord to waive a no pet policy to allow for an emotional support animal to live with the individual. •Landlord is entitled to medical documentation to support that the person has a disability and that the need for the animal is disability related.
making restrictions on the type of animal, breed or size of dog, and from assessing fees for someone who needs an emotional support animal because of their disability.
in connection with the protected classes covered in HRL 296-a. --All lending in connection with the sale of housing is covered, including loans for the purchase or repair of a home. --Discrimination includes granting or withholding credit, and all terms, rates or conditions of the loan.
•Unlawful to use an application or ask any questions that indicate, either directly or indirectly, any limitation or discrimination on protected bases; •Unlawful to consider sources of income because of a protected characteristic, including childbearing potential.
of an applicant: •Lenders may not consider aggregate statistics or assumptions relating to any of the protected characteristics; •Some consideration of age may not be unlawful, where age has a demonstrable and statistically sound relationship to a determination of credit worthiness.
estate professionals to: •Discriminate in negotiating a sale or rental, including stating that a property is not available when it is; •Offer or negotiate discriminatory terms, conditions or privileges of a sale or lease;
estate professionals to: •Use any application, advertisement, ask any questions or make any record that expresses, directly or indirectly, any limitation or discrimination based on any protected classification •Realtors are directly liable for discriminatory actions whether or not they were requested by a client.
estate professionals is unlawful •”Steering” includes guiding or making recommendations to prospective buyers or renters towards or away from particular neighborhoods, locations or school districts based on race, national origin, religion or any of the other protected bases, and is a violation of the HRL
under the HRL: •Real estate professionals, including brokers, salespersons, and their employees and agents can be liable under the HRL; •Damages can include compensation for financial and emotional harm, punitive damages, civil fines, and training and other non-monetary remedies.
Division of Human Rights works closely with the Department of State, which has the responsibility of licensing real estate professionals, to ensure that the protections in New York State laws are vigorously enforced.
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