The controlling distinctions
What to remember when the answer choices are close.
The current state list includes age, race or color, disability, sexual orientation, gender identity or expression, domestic violence victim status, sealed conviction or youthful-offense status, favorably resolved arrest record, religion, sex, military status, national origin, citizenship or immigration status, marital status, familial status, and lawful source of income.
Equal treatment applies to availability, advertising, showings, steering, screening, terms, facilities, services, lending, appraisals, reasonable accommodation, and follow-up.
Local fair-housing law may add protections or apply where a different law has an exception. Do not treat one law's exception as a universal exemption.
The Department of State fair-housing notice under section 175.28 is separate from the section 443 agency disclosure. It is provided at first substantive contact and applies to all real property within the regulation's scope.
A decision path
Work through the rule in this order.
- 1
Identify the conduct
Ask whether the issue involves availability, terms, advertising, steering, screening, accommodation, lending, appraisal, or retaliation.
- 2
Check every level
Apply federal, New York State, and relevant local protections rather than stopping with the shortest list.
- 3
Use consistent standards
Compare how similarly situated people are treated from the first inquiry through service after application or contract.
- 4
Separate the notices
Do not confuse the fair-housing disclosure notice with the agency disclosure form. They serve different legal purposes.
Worked scenario
An owner says no vouchers
A landlord instructs the salesperson not to respond to applicants who plan to use a housing voucher.
Best response
The salesperson should not carry out the instruction and should escalate it through the broker's fair-housing procedure.
Why
Lawful source of income is protected under New York State law. A listing statement or screening practice that rejects vouchers can be discriminatory even if the owner requested it.
Exam lens
Words in the facts that should slow you down.
Common exam mistake
Memorizing only the federal protected classes and applying that shorter list to a New York question. The controlling answer may come from state or local law.
Questions students ask
Short answers before you move on.
Is lawful source of income protected in New York housing?
Yes. New York State protects lawful source of income, including qualifying housing assistance. The analysis still considers the law's coverage and any narrow statutory exception.
Is the fair-housing notice the same as the agency disclosure form?
No. The section 175.28 fair-housing notice explains Human Rights Law protections and complaint information. Section 443 addresses agency relationships.
Can local fair-housing law add protections?
Yes. Local law may add protected characteristics or provide coverage beyond another law. A complete New York analysis checks the applicable federal, state, and local rules.
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This guide supports exam preparation and general education. It does not decide duties in a specific transaction and is not legal advice.