Source-of-income & voucher rights for NYC renters

If you pay part of your rent with a housing voucher, Social Security, disability, child support, or any other lawful benefit, a New York City landlord generally cannot turn you away for it. This is called source-of-income protection, and it has been the law in NYC since 2008. Yet it is still one of the most commonly broken housing rules in the city. This guide explains what the law protects, what it does not, how to spot discrimination, and exactly how to file a complaint if it happens to you.

What "source of income" means

Your source of income is simply where your money to pay rent comes from. The law does not care whether you earn it from a job, receive it as a benefit, or get it through a government program. As long as the income is lawful, a landlord in NYC cannot treat you worse because of where it comes from.

This protection comes from the New York City Human Rights Law, one of the strongest anti-discrimination laws in the country. It applies to most rentals in the five boroughs, including apartments, co-ops handled by a managing agent, and buildings advertised through brokers.

Protected sources include, but are not limited to:

• Section 8 (Housing Choice Vouchers), including HPD, NYCHA, and other administering agencies
• CityFHEPS, FHEPS, and SOTA and other city and state rental-assistance programs
• Supplemental Security Income (SSI) and Social Security Disability (SSDI)
• Social Security retirement benefits and veterans' benefits
• Public assistance / cash assistance and unemployment benefits
• Child support and spousal support (alimony)
• Any other lawful government or private subsidy, grant, or benefit used to pay rent

What a landlord cannot do

Under the NYC Human Rights Law, a landlord, broker, or management company generally cannot:

• Refuse to rent to you because you will pay with a voucher or benefit.
• Advertise "no programs," "no vouchers," "no Section 8," "no CityFHEPS," or "working people only." Even the wording in a listing can be a violation.
• Refuse to accept or complete voucher paperwork, or refuse an inspection required by the program.
• Impose a minimum income or minimum credit score on the portion the voucher pays. If a voucher covers most of the rent, a landlord cannot demand you earn "40 times the rent" as if you were paying the full amount yourself.
• Steer you to worse units, higher floors, or specific buildings because you use a subsidy.
• Charge you more, demand extra deposits, or add fees that non-voucher applicants would not pay.
• Lie about availability ("it's already rented") once they learn you have a voucher.

Importantly, the landlord's duty is not excused by claiming the program is "too much paperwork," "takes too long," or "the rent is above the voucher limit." If the voucher and your share together cover the asking rent, refusing it is discrimination.

What the law does not do

Source-of-income protection is powerful, but it is not a guarantee of any specific apartment. Being honest about the limits helps you avoid frustration and build a stronger case if you do file.

• It does not force a landlord to rent to you if you genuinely do not qualify on neutral, evenly applied grounds (for example, a documented history of lease violations checked the same way for every applicant).
• It does not require a landlord to accept an amount above the legal rent, or to break rent-stabilization rules.
• It does not let a landlord skip normal, program-compliant steps like a lawful inspection — but those steps must apply to the actual program rules, not made-up hurdles.
• It does not apply to a landlord renting a room in the apartment where they themselves live, and a narrow set of very small owner-occupied buildings may be treated differently. When in doubt, still file — the Commission will decide coverage.

Protected vs. not protected: a quick reference

How to spot source-of-income discrimination

Sometimes it is obvious — a listing that says "no programs." More often it is quiet. Watch for these signs once you mention a voucher or benefit:

• The apartment is suddenly "no longer available," then reappears online days later.
• The broker stops answering, or says the owner "doesn't do that program."
• You are told the rent must be paid in full up front, or asked for extra months of deposit only after you disclose a subsidy.
• You are quoted a higher rent than the posted listing once the voucher comes up.
• You are told you need a certain credit score or income that ignores what the voucher pays.

Document everything. Screenshot the listing (including any "no programs" language), save texts and emails, write down dates, names, and what was said on calls, and keep the broker's or landlord's phone number. If a friend without a voucher is treated differently for the same unit, note that too. This paper trail is what turns a hunch into a provable claim.

How to file a complaint

The NYC Commission on Human Rights (CCHR) enforces this law, and filing is free — you do not need a lawyer, and you do not need to have signed a lease or paid anything. You generally have one year from the discriminatory act to file with the Commission (a court lawsuit allows up to three years, but the free Commission process is the simplest starting point).

1. Gather your evidence — listing screenshots, messages, dates, names, and notes from calls.
2. Contact CCHR. Call 311 and ask for the Commission on Human Rights, call the CCHR Infoline at (212) 416-0197, or start online at the Commission's website (linked below).
3. Describe what happened in plain language — what you have, what the landlord or broker said, and when.
4. Cooperate with the investigation. The Commission may mediate, investigate, and can order the landlord to rent to you, pay damages, and pay civil penalties.

You can also report discriminatory advertising even if you never applied — "no voucher" ads are themselves violations, and reporting them helps protect other renters.

If you feel safer with an advocate, free legal help is available through organizations funded by the city, and the New York State Attorney General and NY State Division of Human Rights also accept housing-discrimination complaints. You do not have to choose perfectly — start with CCHR or 311 and they will point you the right way.

Protect yourself while you search

Discrimination is the landlord's fault, never yours — but a few habits make your search smoother and your record stronger:

• Keep your voucher and benefit letters organized so you can move fast when you find a place.
• Save every listing and message. Assume you might need it later.
• Build a verified renter profile so a landlord sees your on-time rent history and references up front, which removes excuses about "risk." See our guide for renters at /for-renters.
• Know your broader rights. Application-fee caps, deposit limits, and more are covered in /resources/nyc-renter-rights.

A voucher is not a burden — it is guaranteed, reliable rent. The law is on your side, and reporting violations is how the city keeps it that way.

Frequently asked questions

Can a landlord in NYC really not say "no Section 8"?

Correct. Refusing a tenant because they use Section 8, CityFHEPS, or any other lawful source of income is illegal under the NYC Human Rights Law, and even advertising "no programs" or "no vouchers" is a violation on its own — whether or not anyone applied.

What if my credit is bad or invisible?

A landlord cannot apply a credit-score minimum to the part of the rent your voucher pays, because you are not personally paying that share. For your own portion, they may apply a neutral standard, but it must be the same standard used for everyone. Building a documented rent history can also help — see /resources/nyc-renter-rights.

The apartment "became unavailable" right after I mentioned my voucher. Is that discrimination?

It can be, especially if the listing reappears afterward. Save a screenshot of the original listing and the later re-posting, note the dates and who you spoke with, and file with the Commission on Human Rights. Patterns like this are exactly what investigators look for.

How much does it cost to file a complaint?

Nothing. Filing with the NYC Commission on Human Rights is free, you do not need a lawyer, and you do not need to have signed a lease. You generally have one year to file with the Commission from the date of the discriminatory act.

Does this law cover every apartment?

It covers the large majority of NYC rentals. A narrow exemption can apply to a landlord renting a room inside their own occupied home and some very small owner-occupied buildings. If you are unsure whether your situation is covered, still file — the Commission decides coverage, not the landlord.

Official sources

• NYC Commission on Human Rights — files and enforces source-of-income discrimination complaints
• NYC Department of Housing Preservation & Development (HPD) — Section 8 and housing resources
• New York State Office of the Attorney General — tenant rights and housing-discrimination complaints
• NYS Homes & Community Renewal (HCR) — state rental and rent-regulation resources
• Consumer Financial Protection Bureau — housing, credit, and consumer protections

This guide is educational information, not legal advice. Facts current as of July 2026; laws change — verify with the official sources above.