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 Housing and Anti-Discrimination Disclosure Form required by section 175.28 is separate from the section 443 agency disclosure. It is given at first substantive contact and covers all real property, including commercial property, vacant land, condominiums, and cooperatives.
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
The fair-housing disclosure and the agency disclosure are two different forms with two different 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 Housing and Anti-Discrimination Disclosure Form explains Human Rights Law protections and how to file a complaint. The section 443 form explains 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.