New York City and New York State generally prohibit discrimination based on lawful source of income. This includes housing vouchers and other forms of rental assistance such as CityFHEPS, FHEPS and Section 8.
1. What “source of income” protection means in practice
In simple terms, a landlord or broker generally may not refuse to rent to a household solely because they will pay part of the rent with a lawful housing subsidy or voucher.
- Refusing to show or rent an apartment because the household has a voucher can raise serious fair-housing concerns.
- Statements such as “we don’t take Section 8” or “no programs” are high-risk.
- The protection applies to the housing search, application, and rental process.
2. Why this matters for brokers and agents
As the person often communicating with both landlords and households, you play a key role in keeping the process lawful and professional:
- You should not filter out voucher holders on behalf of a landlord who simply does not want to work with programs.
- You should give accurate information about the unit and the process without steering people away because of their source of income.
- You can help landlords understand that participation is a business decision that must still comply with fair-housing rules.
3. Common situations that create risk
- Advertising “No Section 8” or “No programs accepted”
- Telling a voucher holder the unit is unavailable when it is still being shown to market-rate applicants
- Applying different screening standards solely because the household uses assistance
- Discouraging a landlord from considering a qualified voucher holder without a legitimate, non-discriminatory reason
4. Legitimate business considerations vs. discrimination
Landlords may still:
- Require the unit to meet program standards and pass any required inspection
- Request the normal documents and information the program requires
- Decide not to proceed if the rent is outside what the program will approve
- Apply the same screening criteria (credit, background, rental history) that they apply to all applicants, as long as it is done consistently and lawfully
What they generally may not do is refuse a household simply because the rent will be paid in part by a lawful voucher or subsidy.
5. Practical guidance for brokers and agents
- Focus conversations on the unit facts, the program process, and the documents required.
- If a landlord expresses reluctance, explain the basic process calmly and factually rather than immediately rejecting the household.
- Never invent reasons why a voucher holder “won’t qualify” if you do not have accurate information.
- Keep records of what was said and what information was shared.
- When in doubt, encourage the landlord to speak with their own counsel or the administering agency about the specific requirements.
6. How this connects to the rest of the process
Source-of-income rules sit alongside the normal program steps (documents, rent review, inspection). Following both the fair-housing rules and the program procedures protects the landlord, the household, and you as the broker or agent.
Important: This page provides general educational information only. It is not legal advice. Fair-housing and source-of-income rules can be complex and fact-specific. Always consult qualified legal counsel or the appropriate government agency for guidance on specific situations. The Housing Specialist™ is not a government agency and does not enforce fair-housing laws.
