The New York State Human Rights Law and protected classes in New York

New York protects more than the federal list

New York Executive Law § 296 prohibits housing discrimination based on race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, status as a victim of domestic violence, lawful source of income, and familial status. Marital status and familial status are distinct: being unmarried and having children raise different protected grounds.

Follow the whole transaction

The law reaches discriminatory refusals, false claims of unavailability, unequal terms or services, and discriminatory advertising, applications, or inquiries. It imposes duties on owners and managing agents as well as brokers and real estate salespersons. An owner's instruction does not excuse a salesperson's discrimination. Section 296 also addresses real estate board membership and discriminatory appraisals.

Rejecting an applicant for being unmarried implicates marital status. Rejecting a lawful housing subsidy because of its source implicates lawful source of income. Apply legitimate financial qualifications without excluding a protected source itself. Disability protections include reasonable accommodations in rules, policies, practices, or services necessary for equal use and enjoyment of a dwelling; an assistance animal can be such an accommodation.

Read exemptions narrowly

New York's owner-occupied rental exemption concerns buildings housing not more than two families and specified owner provisions. It is not a general four-unit exemption or permission for a broker to discriminate. Qualifying older-person housing has limited exceptions concerning age and familial status, not a general exemption from all protected grounds.

Enforcement

Executive Law § 297 provides administrative and judicial procedures with election-of-remedies rules. Housing discrimination may support damages, including punitive damages in appropriate cases. Identify the protected ground, the challenged conduct, and the responsible participant before deciding how the law applies.