New York State Housing Protections Beyond Federal Law

For the New York salesperson exam, the safe method is not to choose between federal and state law. Apply every law that covers the transaction, then follow the rule that provides the relevant protection.

Official source map

The federal baseline comes from the Fair Housing Act and current HUD materials. New York's statewide housing rules are principally found in Executive Law sections 292 and 296, known as the Human Rights Law. The Division of Human Rights publishes current protected-category and complaint guidance. Department of State regulations in Title 19 NYCRR sections 175.28 and 175.29 require real estate licensees and brokerages to provide and post state fair-housing notices. The 77-hour curriculum requires students to compare federal, state and local protections. Sources were checked on August 27, 2026.

Federal and New York coverage at a glance

New York then expressly adds or separately protects housing applicants and occupants based on:

• age
• sexual orientation
• gender identity or expression
• military status
• marital status
• citizenship or immigration status
• status as a victim of domestic violence
• lawful source of income
• a favorably resolved arrest or an adjournment in contemplation of dismissal
• a youthful-offender adjudication
• specified sealed records

The final three items arise through the Human Rights Law's criminal-record provision, not the protected-class list written into every part of section 296. Keep that legal route separate even though the practical result is a housing protection.

Why the New York list matters on exam questions

A federal-only answer can be incomplete in New York.

Suppose a landlord says:

• “No housing vouchers”
• “Only married couples”
• “No applicants over 65”
• “Citizens only”
• “I will not rent to a member of the military”

Those statements point to New York categories that are not separately named in the federal seven-class list. The fact that an answer choice omits race, religion or disability does not make the conduct lawful.

Use this sequence:

1. identify the housing decision or statement
2. identify the characteristic connected to it
3. apply federal law if its protected class and property scope fit
4. apply New York law and its broader categories
5. check local law for an additional layer
6. test any claimed exception against the exact law rather than assuming one

Lawful source of income

Lawful source of income is one of the most important New York additions for rental scenarios.

Division of Human Rights guidance says protected lawful sources include, among others:

• Section 8 and other housing vouchers
• federal, state or local housing assistance
• public assistance
• Social Security benefits
• veterans' benefits
• child support
• alimony or spousal maintenance
• foster-care subsidies
• other lawful income

What a housing provider may not do

New York guidance identifies unlawful source-of-income practices such as:

• refusing to rent because an applicant uses a voucher or subsidy
• offering worse terms because of the income source
• denying facilities or services for that reason
• using an advertisement or statement that excludes housing-assistance recipients
• refusing to negotiate because of lawful source of income

“We do not accept Section 8” is therefore not a neutral business preference under the statewide rule.

Income amount and income source are different

A housing provider may use lawful, consistently applied financial criteria where permitted. The provider cannot reject or discount income merely because it comes from a protected lawful source.

For exam analysis, separate:

• ability to pay: a neutral qualification issue
• source used to pay: a protected New York characteristic

A policy can appear neutral but still be unlawful if it excludes voucher recipients or ignores how the subsidy changes the applicant's actual rent obligation. Do not invent a mathematical shortcut that state guidance does not provide.

Citizenship or immigration status

New York expressly includes citizenship or immigration status in its housing protections. It is also illegal to use national origin as a proxy for citizenship, language or perceived immigration status.

An exam scenario may describe:

• refusing to show a property to a noncitizen
• imposing different terms because of perceived immigration status
• advertising a citizen-only preference
• falsely claiming no availability after hearing an accent or learning a person's national origin

Identity or eligibility documents may be relevant for a lawful, consistently applied transaction requirement. That does not authorize different treatment because of a person's protected status.

Sexual orientation and gender identity or expression

New York names sexual orientation and gender identity or expression expressly in the Human Rights Law. Students should recognize discrimination based on actual or perceived identity, not only a direct statement by the applicant.

Examples include:

• refusing to rent to a same-sex couple
• steering a transgender buyer away from a neighborhood
• imposing different application conditions based on gender expression
• harassing a tenant based on sexual orientation

For an exam question, do not debate whether the consumer used a precise legal label. Look at the decision-maker's conduct and the protected characteristic the conduct targets.

Age and marital status

New York protects age and marital status in housing. A salesperson should not screen, steer or draft advertisements around a preference for a particular age group or relationship status unless a specific lawful exception applies.

Age is not the same as familial status

Familial status generally concerns households that include children under 18, pregnancy or a person securing custody of a child. Age concerns the individual's age.

“Adults only” can raise familial-status issues. “Applicants under 40 only” raises age issues. The facts may implicate more than one category.

Senior housing requires a real rule, not a label

Federal and New York law contain provisions for qualifying housing for older persons. Calling a development “senior living” does not by itself prove that an age or familial-status restriction is lawful. Apply the statutory requirements stated in the problem.

Marital-status screening

An owner cannot impose different housing treatment merely because an applicant is single, married, divorced or otherwise within the protected marital-status rule. Neutral occupancy, income and credit requirements must still be applied consistently and lawfully.

Military status

New York protects military status. Division guidance describes the concept broadly through participation in military service, including specified federal and state forces.

A licensee should recognize problems such as:

• declining an applicant because deployment may occur
• refusing to show property to a service member
• using an advertisement that discourages military households
• setting different terms because of military status

Avoid confusing military status with lawful source of income. A veteran receiving benefits may be protected under both facts, but each category has its own analysis.

Status as a victim of domestic violence

The Human Rights Law protects a person in housing based on status as a victim of domestic violence. A housing decision cannot be based on blame, stereotype or discomfort connected to that status.

An exam may describe an owner who refuses an applicant after learning about an order of protection, prior abuse or a safety-related move. Identify the protected status rather than treating the facts as a vague “personal issue.”

Privacy and safety matter. A licensee should not circulate sensitive information beyond a lawful transaction need.

Favorably resolved arrests, youthful-offender adjudications and sealed records

New York's Human Rights Law separately restricts inquiries and adverse action in housing based on specified criminal-history information, including:

• an arrest or criminal accusation resolved in the person's favor
• an adjournment in contemplation of dismissal covered by the statute
• a youthful-offender adjudication
• a violation or conviction sealed under the listed Criminal Procedure Law provisions

This is more precise than saying “criminal history is always protected.” The rule concerns the dispositions and sealed records specified in section 296(16). Pending matters, unsealed convictions and locally added protections require separate analysis.

The exam habit is to identify the record's disposition. Avoid treating “arrest,” “conviction,” “sealed conviction” and “pending charge” as interchangeable.

New York reaches conduct beyond a simple refusal

Housing discrimination is not limited to saying “no.” Under the Human Rights Law, prohibited conduct can include:

• refusing to sell, rent, lease or negotiate
• falsely stating that property is unavailable
• using different terms, conditions or privileges
• denying facilities or services
• printing or circulating a discriminatory statement or advertisement
• using a discriminatory application, record or inquiry
• steering or otherwise limiting access based on a protected characteristic
• retaliation for opposing discrimination or filing a complaint

A transaction can therefore continue and still contain discrimination. Approval on worse terms is not equal treatment.

New York's scope can reach land and commercial space

The federal Fair Housing Act centers on dwellings and related housing activity. New York's Human Rights Law contains provisions addressing housing accommodations, land and commercial space, including duties specifically directed at real estate brokers and salespersons.

This does not mean every protected category or exception applies identically to every property type. Read the exact subsection. The exam point is that “commercial” does not automatically end the New York discrimination analysis.

Disability protections remain essential

Disability is protected under both federal and New York law. New York law includes duties concerning reasonable accommodations in rules, policies, practices or services and reasonable modifications where the statutory requirements are met.

Keep these terms separate:

• reasonable accommodation: a change to a rule, policy, practice or service
• reasonable modification: a physical change to premises

An assistance-animal request is analyzed as a disability accommodation issue, not as an ordinary no-pets exception. A licensee should not demand a particular diagnosis or make personal judgments about whether a disability appears visible.

The New York fair-housing notice is not the agency form

Title 19 NYCRR section 175.28 requires a broker to ensure that each associated Article 12-A licensee provides the Department's fair-housing disclosure notice to a prospective buyer, tenant, seller or landlord at first substantive contact.

Key exam facts include:

• the notice contains New York Human Rights Law information
• it may be delivered by approved electronic methods or hard copy
• oral disclosure alone does not satisfy the rule
• records must be retained for at least three years
• a refusal to sign a hard copy triggers the written declaration procedure
• the notice applies to all real property described by the regulation, including residential property, condominiums, cooperatives, vacant land and commercial property

Section 175.29 separately requires the Department notice at brokerage offices and branch offices, on covered websites and at open houses as specified.

Avoid confusing this fair-housing notice with:

• the section 443 agency-relationship disclosure form
• the Property Condition Disclosure Statement
• a lead-based paint disclosure

Each document answers a different question.

State law does not erase federal or local law

The same conduct can violate more than one law.

Federal layer

The Fair Housing Act supplies the nationwide seven-class baseline and rules governing covered sales, rentals, advertising, financing and other housing activity.

New York State layer

The Human Rights Law adds categories, property scope and state enforcement. Article 12-A and Department regulations also create duties for licensed brokers and salespersons.

Local layer

Cities and counties may add protected categories, procedures or remedies. New York City, for example, has its own human-rights law. Avoid assuming the statewide list is the last word in every locality.

On the exam, apply the facts and the authority named in the question. In practice, check all three layers.

Be careful with exemptions

Federal and New York laws contain exemptions and exceptions, but they differ by law, property, actor and conduct. An owner-occupied small property may receive a limited exemption under one provision while discriminatory advertising or a licensed broker's conduct remains regulated under another.

Use four checks before selecting an exemption answer:

1. Which law is being applied?
2. What exact property is involved?
3. Is a broker or salesperson participating?
4. Does the exception cover the particular conduct, including advertising?

Never turn a narrow exception into a general right to discriminate.

Five worked scenarios

Scenario 1: “No vouchers” in a rental advertisement

A landlord tells the salesperson to add “No Section 8” to an apartment listing.

The phrase targets lawful source of income. New York protects housing vouchers and prohibits discriminatory advertising. The salesperson must not follow the instruction, and the brokerage should apply lawful screening criteria to all applicants.

Scenario 2: different deposit for an unmarried couple

An owner agrees to rent to an unmarried couple but requires a larger security deposit because they are not married.

Approval does not cure unequal terms. The facts point to marital-status discrimination under New York law.

Scenario 3: no children in a two-bedroom unit

An advertisement says “professional adults only, no children.”

The statement points to familial-status discrimination, a category protected by both federal and New York law. Avoid assuming a lawful senior-housing exception unless the facts establish it.

Scenario 4: applicant with a sealed record

A property manager rejects an applicant after discovering a conviction sealed under a provision listed in section 296(16).

Identify the record as sealed and apply New York's separate protection. Do not replace that fact with the broader and inaccurate phrase “any criminal record.”

Scenario 5: oral fair-housing notice

A salesperson summarizes fair-housing rights at first substantive contact but sends no notice and keeps no record.

Section 175.28 says oral disclosure does not satisfy the notice requirement. Use an approved delivery method and retain the required record.

Common misconceptions

“Federal fair housing classes are the complete New York list”

No. New York expressly protects additional characteristics and specified criminal-record dispositions.

“A voucher may be rejected because the landlord dislikes the program”

No. Statewide lawful-source-of-income protection applies to housing vouchers, subject to the law's limited exceptions.

“Source of income means an owner cannot verify ability to pay”

No. A provider may use lawful and consistently applied qualification standards. The protected source cannot be rejected or treated as worthless simply because of its type.

“Sexual orientation and gender identity are the same term”

No. New York names sexual orientation and gender identity or expression separately. Apply the category described by the facts.

“A protected-class violation requires an explicit slur”

No. Different availability statements, terms, steering, screening criteria, advertisements and records can supply evidence without an explicit insult.

“A small-property exception ends every fair-housing issue”

No. Exceptions are law-specific and conduct-specific. Broker participation, advertising and local law can change the result.

“The fair-housing notice and agency form are the same”

No. The fair-housing notice explains Human Rights Law protections. The agency form explains who the licensee represents.

Frequently asked questions

What are the seven federal Fair Housing Act protected classes?

Race, color, national origin, religion, sex, familial status and disability.

What housing classes does New York add beyond federal law?

New York expressly includes age, sexual orientation, gender identity or expression, military status, marital status, citizenship or immigration status, status as a victim of domestic violence and lawful source of income. Separate provisions protect specified favorably resolved arrests, youthful-offender adjudications and sealed records in housing.

Are Section 8 and other housing vouchers protected in New York?

Yes. Division of Human Rights guidance identifies housing vouchers and other housing assistance as lawful sources of income protected statewide.

Can a landlord ask about income?

A landlord may apply lawful qualification standards and request permitted documentation. The landlord may not reject or disadvantage an applicant because the income comes from a protected lawful source.

Does New York fair housing law cover commercial property?

The Human Rights Law includes provisions addressing land and commercial space, including conduct by real estate brokers and salespersons. The exact protected categories and exceptions must be checked under the applicable subsection.

Are all criminal records protected in New York housing?

No. Section 296(16) addresses specified favorably resolved arrests, adjournments in contemplation of dismissal, youthful-offender adjudications and sealed records. Do not extend that rule to every pending or unsealed criminal matter without another law.

When must a New York real estate licensee provide the fair-housing notice?

Section 175.28 uses first substantive contact with a prospective buyer, tenant, seller or landlord. Oral disclosure alone is insufficient.

How long must the section 175.28 notice record be kept?

At least three years, using the record method required for the way the notice was delivered or for a refusal to sign.

Where can a person report New York housing discrimination?

The New York State Division of Human Rights accepts reports online and by phone at 844-NYS-DHR1, or 844-697-3471. For alleged acts occurring on or after February 15, 2024, the current complaint form states a three-year filing period from the most recent alleged discriminatory act. A person should check current instructions promptly because forum choices and deadlines can differ.

Can local law add more housing protections?

Yes. A city or county may add protected categories or procedures. Apply federal, state and applicable local law rather than assuming one list controls everything.

What to do next

Open the Human Rights and Fair Housing study hub and practice identifying the protected characteristic before judging the conduct. Then use the free practice sampler and review the Article 12-A guide to connect discrimination rules with a licensee's disclosure and supervision duties.

Sources and verification notes

Federal classes, New York categories, source-of-income guidance, criminal-record protections, complaint timing and Department notice rules were checked on August 27, 2026. The comparison tables and scenario method are editorial study tools. Exceptions and complaint options depend on facts, property type, location and current law.

1. HUD, Housing Discrimination Under the Fair Housing Act. Current federal seven-class baseline and covered housing activity.
2. New York Executive Law section 296. Current unlawful discriminatory practices, housing categories, criminal-record protection and state exceptions.
3. New York State Division of Human Rights, Fair Housing Pamphlet. Current statewide housing categories and prohibited conduct.
4. New York State Division of Human Rights, Source of Income Discrimination Guidance. Protected income examples, prohibited practices and limited exceptions.
5. New York State Department of State, Fair Housing Laws regulations. Title 19 NYCRR sections 175.28 and 175.29 notice, posting, delivery and recordkeeping requirements.
6. New York State Division of Human Rights, Housing Complaint Form. Covered categories, filing instructions and current time limits.
7. New York State Department of State, Real Estate Salesperson 77-Hour Curriculum. Subject 9 objectives for federal, state and local fair-housing law.

This article provides general educational guidance. It does not reproduce live examination content or provide legal advice.