New York Fair Housing
Practice Questions & Answers (2026)

Explanation

New York's Human Rights Law provides broader fair housing protections than federal law, adding protected classes including sexual orientation, gender identity, marital status, and source of income. In New York, fair housing protections are enforced by the New York State Division of Human Rights (DHR) under the New York Human Rights Law (Executive Law Article 15). New York adds sexual orientation, gender identity, marital status, age, and others as additional protected classes beyond the federal seven.

Explanation

Blockbusting (panic peddling) is the illegal practice of inducing homeowners to sell by suggesting that a protected class group is moving into the neighborhood and that property values will decline. Blockbusting violates Section 804(e) of the Fair Housing Act, which prohibits inducing sales by representing that protected-class members are moving into the area. In New York, this is enforceable under the New York Human Rights Law (Executive Law Article 15) through the New York State Division of Human Rights (DHR). Blockbusting differs from steering in that blockbusting targets current owners to sell, while steering directs prospective buyers toward or away from neighborhoods.

Explanation

Redlining is the illegal practice of refusing to make loans or providing inferior loan terms in certain geographic areas based on the racial or ethnic composition of the neighborhood, regardless of individual creditworthiness. Redlining violates the Fair Housing Act, the Equal Credit Opportunity Act, and the Community Reinvestment Act. In New York, the New York State Division of Human Rights (DHR) investigates redlining complaints under the New York Human Rights Law (Executive Law Article 15). Unlike steering (which involves agents directing buyers), redlining is practiced by lenders and insurers who deny or limit financial services based on neighborhood demographics. New York adds sexual orientation, gender identity, marital status, age, and others as additional protected classes beyond the federal seven.

Explanation

In jurisdictions like New York that protect source of income, landlords cannot refuse to rent to tenants solely because they receive housing vouchers (like Section 8) or other forms of public assistance. The federal Fair Housing Act prohibits discrimination based on seven protected classes: race, color, religion, sex, national origin, familial status, and disability. New York adds sexual orientation, gender identity, marital status, age, and others as additional protected classes beyond the federal seven. The New York State Division of Human Rights (DHR) enforces both federal and state protections under the New York Human Rights Law (Executive Law Article 15). New York's Human Rights Law is one of the most expansive in the country. The Civil Rights Act of 1866 separately prohibits racial discrimination in all property transactions with no exceptions.

Explanation

The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability (7 classes). Sexual orientation is not a federal protected class under the FHA, though it is protected under New York State law. Familial status, added by the 1988 Fair Housing Amendments Act, protects families with children under 18, pregnant women, and anyone securing legal custody of a minor. Housing providers cannot refuse to rent, impose different terms, or restrict facility access based on the presence of children. The primary exemption is qualified 55+ or 62+ senior housing meeting specific federal requirements. In New York, familial status protections are enforced by the New York State Division of Human Rights (DHR) under the New York Human Rights Law (Executive Law Article 15).

Explanation

Steering is the illegal practice of directing or channeling buyers toward or away from particular neighborhoods based on their race, religion, national origin, or other protected characteristics. Under the federal Fair Housing Act, steering violates Section 804 by limiting housing choices based on protected-class characteristics. In New York, the New York State Division of Human Rights (DHR) enforces anti-steering provisions under the New York Human Rights Law (Executive Law Article 15). New York adds sexual orientation, gender identity, marital status, age, and others as additional protected classes beyond the federal seven. Steering is distinguished from redlining, which involves lenders rather than agents denying services to geographic areas.

Explanation

The 'Mrs. Murphy exemption' allows owners of owner-occupied buildings with four or fewer units to exercise some personal discretion in tenant selection, but only if the owner lives in the building and does not use discriminatory advertising or a real estate broker. The Fair Housing Act provides narrow exemptions: single-family homes sold by the owner without an agent (if the owner holds no more than three such homes), owner-occupied buildings with four or fewer units (the Mrs. Murphy exemption), and religious organizations or private clubs limiting occupancy to members. No exemption permits discriminatory advertising. The Civil Rights Act of 1866 prohibits racial discrimination in all property transactions with no exceptions. In New York, the New York Human Rights Law (Executive Law Article 15) may impose additional restrictions on these exemptions.

Explanation

Familial status is a protected class that includes households with one or more children under 18 living with a parent or guardian, and pregnant women. Refusing to rent to families with children is an illegal fair housing violation. Familial status, added by the 1988 Fair Housing Amendments Act, protects families with children under 18, pregnant women, and anyone securing legal custody of a minor. Housing providers cannot refuse to rent, impose different terms, or restrict facility access based on the presence of children. The primary exemption is qualified 55+ or 62+ senior housing meeting specific federal requirements. In New York, familial status protections are enforced by the New York State Division of Human Rights (DHR) under the New York Human Rights Law (Executive Law Article 15).

Explanation

Charging higher deposits specifically because of a disability or due to a service or assistive animal is a fair housing violation. Landlords must allow service animals and emotional support animals as reasonable accommodations without extra fees. The Fair Housing Act prohibits discrimination against persons with physical or mental disabilities, including those with HIV/AIDS and recovering substance abusers. Protections include the right to reasonable accommodations (changes to rules) and reasonable modifications (physical changes at the tenant's expense). In New York, the New York State Division of Human Rights (DHR) enforces disability protections under the New York Human Rights Law (Executive Law Article 15). Housing providers may not inquire about the nature or severity of a disability but may verify that the person qualifies as disabled and needs the requested accommodation.

Explanation

The NYC Human Rights Law is widely considered one of the most comprehensive anti-discrimination statutes in the nation, providing broader protections than both federal and state law, including more protected classes and a more plaintiff-friendly standard. In New York, fair housing protections are enforced by the New York State Division of Human Rights (DHR) under the New York Human Rights Law (Executive Law Article 15). New York adds sexual orientation, gender identity, marital status, age, and others as additional protected classes beyond the federal seven.