The NY Human Rights Law provides broader protections than federal fair housing law. The exam tests the differences between state and federal protections.
NY's Human Rights Law covers all the federal protected classes plus: age, marital status, sexual orientation, gender identity, military status, source of income, and lawful occupation. NY law also has fewer exemptions than federal law.
Complaints are filed with the NY Division of Human Rights within one year of the alleged violation. The Division investigates, holds hearings, and can award damages. Complainants can also file directly in state court.
In NY, landlords cannot refuse to rent to tenants based on their source of income, including Section 8 vouchers, social security, or other government assistance. This is a state-specific protection the exam frequently tests.
New York City has its own Human Rights Law, which is even broader than state law and covers additional classes such as immigration status, partnership status, and lawful occupation. NYC law is enforced by the NYC Commission on Human Rights.
1. Which of the following is a protected class under NY Human Rights Law but NOT under the federal Fair Housing Act?
NY Human Rights Law protects sexual orientation, gender identity, age, marital status, and source of income, none of which are in the federal Fair Housing Act's seven protected classes.
2. A landlord in New York refuses to rent to an applicant because they receive a Section 8 housing voucher. This is:
NY State law prohibits discrimination based on lawful source of income, including housing vouchers. This is a state-level protection broader than federal law.
3. A landlord conditions a lease renewal on the tenant providing sexual favors. This constitutes:
Conditioning housing on sexual favors is quid pro quo sexual harassment, a sex discrimination violation under both federal and NY fair housing law, and potentially a criminal act.
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