Housing discrimination is pervasive throughout the country and instances can be found in every community. Despite federal, state, and local laws prohibiting landlords from discriminating against tenants, landlords continue to find ways around these laws or openly disregard them. In this section, you will find information about what constitutes discrimination as it relates to housing under the Fair Housing Act and New York Human Rights Law, and what you can do if you believe you are being discriminated against.
The Fair Housing Act is a federal law passed by Congress in 1968 that prohibits housing discrimination. Additionally, the New York State Human Rights Law, originally passed in 1945, similarly prohibits housing discrimination.
Under these laws, in the sale or rental of housing, landlords and their representatives may not take any of the following actions on the basis of a person’s actual or perceived race, color, religion, national origin, gender, familial status, disability, age, marital status, sexual orientation, military status, lawful source of income, or gender identity/expression:
Refuse to rent or sell housing;
Set different terms, conditions or privileges, for the sale or rental of a dwelling (for example, charging different rent rates or security deposits);
Provide different housing services or facilities;
Falsely deny that housing is available for inspection, sale, or rent;
Engage in blockbusting or “steering” people to different housing opportunities; or
Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right.
The Fair Housing Act may not apply to owner-occupied buildings with four or fewer units, single-family housing where a broker was not involved in the rental or sale, and organizations that restrict occupancy to their members. Similarly, the NYS Human Rights Law may not apply to owner-occupied two-family homes and units in owner-occupied rooming houses.
Unfortunately, the Fair Housing Act, NY’s Human Rights Law, and other laws leave significant room for discrimination: landlords often simply reject tenants without stating a reason. Collecting proof of discrimination is important for holding landlords and their employees accountable. If you believe you have been a victim of housing discrimination, you can contact LawNY by calling 607-273-3667 or CNY Fair Housing by calling (315) 471-0420 or visiting https://www.cnyfairhousing.org/ to explore your rights and options.
Tenants can also make complaints with the Civil Rights Bureau of the New York State Attorney General’s Office at 212-416-8250 or civil.rights@ag.ny.gov. Tompkins County residents may also contact the Tompkins County Office of Human Rights at https://www2.tompkinscountyny.gov/humanrights/email.
If you believe you have been a victim of housing discrimination and you live in or near Ithaca, you can also contact the Ithaca Tenants Union’s Organizing Help Line.
Finally, for more information, please refer to the New York State Division of Human Rights’ Fair Housing Guide, available here: https://www.yumpu.com/en/document/read/65172498/fair-housing-guide and the Department of Housing and Urban Development’s Fair Housing booklet, available here: https://www.hud.gov/sites/documents/FHEO_BOOKLET_ENG.PDF.
This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.
