Fair Housing on the New York Real Estate Exam

Fair housing is heavily tested on the New York exam — and New York's protections go well beyond federal law, especially in New York City.

Federal Fair Housing Act: 7 Protected Classes

Race
Color
Religion
National Origin
Sex
Disability/Handicap
Familial Status

New York State Human Rights Law — Additional Protected Classes

New York State law (Executive Law Article 15) adds: - Age (18 and older) - Marital status - Sexual orientation (including gender identity and expression) - Military status (veterans and active duty) - Disability (broadly defined, includes recovering from addiction) - Domestic violence victim status

New York City Human Rights Law — Even More Protections

NYC has some of the broadest fair housing protections in the U.S.: - All state protections, plus: - Source of income (cannot refuse to rent to Section 8 voucher holders or other lawful income) - Citizenship status - Partnership status (domestic partners) - Lawful occupation

NYC's source of income protection is heavily tested for candidates in the NYC metro area.

Key Prohibited Practices

Steering: Directing buyers or renters based on any protected class characteristic. In New York, steering based on any of the state-protected classes (age, marital status, sexual orientation) is also prohibited.

Blockbusting: Inducing property sales by warning of demographic changes. Still a violation in New York and prosecuted by DOS.

Discriminatory Advertising: Cannot advertise preference or limitation based on any protected class. New York's broader list of protected classes means more advertising restrictions than in most states.

Source of Income Discrimination (NYC): Refusing to rent to a tenant with Section 8 vouchers, SSI, or other lawful government assistance is a violation in NYC.

Exemptions

Federal exemptions (Mrs. Murphy, owner exemptions) apply in New York. However, New York State prohibitions may be stricter — for example, New York State's exemption for owner-occupied 2-unit dwellings is narrower than federal.

Enforcement in New York

New York State Division of Human Rights: Handles state-level complaints
HUD: Handles federal Fair Housing Act complaints
NYC Commission on Human Rights: Handles NYC-specific violations
DOS: Can discipline real estate licensees separately for fair housing violations

Complaints with the Division of Human Rights must be filed within 1 year of the discriminatory act.

[Practice fair housing questions at CARealestate.com/states/new-york](https://carealestate.com/states/new-york)