Key Takeaways
- The New York Human Rights Law provides broader protections than federal fair housing law
- NY protections include age, marital status, military status, citizenship status, and lawful source of income
- The Division of Human Rights (DHR) enforces the Human Rights Law in New York
- Complaints must be filed within one year (federal law allows two years)
- NY law prohibits discrimination in residential and commercial real estate
Last updated: January 2026
New York Human Rights Law
The New York Human Rights Law (Executive Law Article 15) provides broader protections than federal fair housing law.
Important: This section covers New York-specific content only. For national fair housing concepts, see our Real Estate Salesperson exam prep.
Federal vs. New York Protected Classes
Federal Fair Housing Act (7 Classes)
| Protected Class | Description |
|---|---|
| Race | All races |
| Color | Skin color |
| National Origin | Ancestry, ethnicity |
| Religion | All faiths |
| Sex | Including gender identity |
| Familial Status | Families with children |
| Disability | Physical and mental |
Additional New York Protected Classes
| NY Protected Class | Description |
|---|---|
| Age | All ages (18+) |
| Marital Status | Single, married, divorced |
| Military Status | Active duty, veterans |
| Sexual Orientation | LGBTQ+ |
| Gender Identity | Transgender |
| Citizenship Status | Legal residents |
| Lawful Source of Income | Section 8, disability income |
| Domestic Violence Victim Status | Survivors |
Division of Human Rights (DHR)
The Division of Human Rights enforces the Human Rights Law:
| Function | Description |
|---|---|
| Complaints | Receive and investigate |
| Hearings | Conduct administrative hearings |
| Penalties | Award damages, order compliance |
| Education | Outreach and training |
Filing Complaints
Deadlines
| Jurisdiction | Deadline |
|---|---|
| New York DHR | 1 year |
| Federal HUD | 1 year |
| Federal Court | 2 years |
Process
- File complaint with DHR (or HUD)
- Investigation by DHR staff
- Probable cause determination
- Hearing if probable cause found
- Decision and remedies
Remedies Available
| Remedy | Description |
|---|---|
| Compensatory damages | Actual financial loss |
| Emotional distress | Mental anguish damages |
| Injunctive relief | Stop discriminatory conduct |
| Civil penalties | Fines up to $250,000 |
| Attorney fees | Legal costs |
Lawful Source of Income
CRITICAL FOR NY EXAM: New York prohibits discrimination based on lawful source of income:
| Protected | Not Protected |
|---|---|
| Section 8 vouchers | Illegal income |
| Social Security | |
| Disability payments | |
| Child support | |
| Veteran benefits | |
| TANF/public assistance |
Important: Landlords CANNOT refuse to rent to Section 8 voucher holders in NY.
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Test Your Knowledge
Which protected class is covered by New York law but NOT federal fair housing law?
A
B
C
D
Test Your Knowledge
How long does a person have to file a fair housing complaint with the New York Division of Human Rights?
A
B
C
D