Effective July 26, 2016, victims of domestic violence, sex offenses, or stalking that are seeking housing or are tenants in New York City are covered by the New York City Human Rights Law. The Human Rights Law promotes equal opportunity and prohibits discriminatory practices that unfairly limit the housing choices of protected groups or individuals. In the text of the law, a victim of domestic violence is defined as “a person who has been subjected to acts or threats of violence, not including acts of self defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, or a person who is or has continually or at regular intervals lived in the same household as the victim.”
A landlord, broker, agent, or other person having the right to sell, rent or lease or approve the sale, rental or lease of a housing accommodation cannot:
- Refuse to sell, rent, or lease housing because an individual has an order of protection against his or her former spouse;
- Refuse to make repairs or provide services to the apartment because the individual is a victim of domestic violence;
- Refuse to accept government rental assistance regularly provided to victims of domestic violence because of fears the victim or his or her family will create a nuisance;
- Force individual to vacate an apartment because the landlord or other tenants have concerns related to the experience as a survivor of domestic violence, sex offenses, or stalking;
- Misrepresent the availability of housing;
- Set different terms, conditions, or privileges for the sale, rental, or lease of housing
- Provide different housing services or facilities;
- Post discriminatory advertising or marketing that indicates a preference, limitation, or discrimination based on a protected class.
The above provisions do not apply to two family homes where the owner or a member of the owner’s family resides in that house and the available housing accommodation was not advertised or a room or rooms in housing where the owner or the owner’s family also resides.
Individuals who believe their rights under the New York City Human Rights Law were violated may file a complaint with the Commission on Human Rights. If the landlord, broker, or agent is found to have violated the law he or she may have to pay a fine. To learn more about the new protections for victims of domestic violence against housing discrimination visit the New York City website.