New York Housing and Anti-Discrimination
A real estate broker is required to provide a written Housing and Anti-Discrimination Disclosure to a prospective purchaser, tenant, seller, or landlord. The real estate broker must keep the form for a period of three years from the date of issuance. Also, all entities approved to provide instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property shall cause a recording to be created of each course in its entirety. The recording must contain both video and audio of the instruction. Finally, the New York Housing and Anti-Discrimination Notice, which was created by the Department of State, must be displayed in each office and branch office operated by a real estate broker.
The New York Housing and Anti-Discrimination Notice informs patrons that the New York State Human Rights Law prohibits discrimination in housing based on the protected categories of race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status. It also describes where Human Rights Law complaints may be filed. Finally, the notice provides examples of potential fair housing violations, such as:
- Refusing to rent to a tenant who has children or increasing a security deposit based on the number of children who will be living in the apartment.
- Refusing to rent to a potential tenant because of their source of income, including but not limited to, Section 8 vouchers or other government subsidies.
- Refusing to rent to a renter who is a victim of domestic violence.
Posting Requirement
A real estate broker must display and maintain at every office and branch office operated by such broker the New York Housing and Anti-Discrimination Notice. (19 NYCRR, Sec. 175.29) The notice must be prominently displayed in the window of the office and any branch office maintained by a broker if such broker also provides listings or other postings in the window of such location and must be visible to persons on that portion of the sidewalk adjacent to the office or branch office.
A real estate broker, licensed real estate salesperson, or licensed associate broker must also display the New York Housing and Anti-Discrimination Notice at all open houses of all real property.