• NY Apartment Law
  • Fair & Affordable Housing
  • Commercial Lease Law
  • Guidebooks
  • Archives
  • Protected Classes
  • Management Issues
  • eAlerts
  • Resources
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • NY Apartment Law
  • New York Apartment Law Insider
  • New York Landlord V. Tenant
  • Co-Op & Condo Case Law Digest
  • New York Rent Regulation Checklist, Fourth Edition
  • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
  • Fair Housing Coach
  • Assisted Housing Management Insider
  • Tax Credit Housing Management Insider
  • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
  • Commercial Lease Law Insider
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses: Tenant's Edition
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses, 17/e
  • Protected Classes
  • All Protected Classes
  • Disability
  • Familial Status/Age
  • Race/Color/National Origin
  • Religion
  • Sex/Sexual Orientation
  • Other Classes
  • Management Issues
  • Accommodations
  • Advertising/Applications
  • Complaints/Investigations
  • Employees/Contractors
  • Eviction
  • Leasing
  • Other Issues
  • eAlerts
  • Cases and Settlements
  • HUD News
  • Reports & Studies
  • Other
  • Resources
  • Fair Housing Coach Resources
May 28, 2025
We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • May 28, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • May 28, 2025
FHC Logo.webp
  • Archives
  • Protected Classes
    • All Protected Classes
    • Disability
    • Familial Status/Age
    • Race/Color/National Origin
    • Religion
    • Sex/Sexual Orientation
    • Other Classes
  • Management Issues
    • Accommodations
    • Advertising/Applications
    • Complaints/Investigations
    • Employees/Contractors
    • Eviction
    • Leasing
    • Other Issues
  • eAlerts
    • Cases and Settlements
    • HUD News
    • Reports & Studies
    • Other
  • Resources
    • Fair Housing Coach Resources
Free Issue
The Habitat Group Logo
May 28, 2025
  • Log In
  • Log Out
  • My Account
Home » Housing Advocacy Group Can Sue NY Landlords for Source of Income Discrimination

Housing Advocacy Group Can Sue NY Landlords for Source of Income Discrimination

Jul 5, 2023

A nonprofit housing group sued real estate agents, brokerage firms, property management companies, and landlords, claiming intentional and willful source of income discrimination in violation of New York City and New York State Human Rights Laws.

After using testers to investigate, the group found that the defendants refused to accept CityFHEPS vouchers for apartment rentals. The group claimed that it was injured by having to expend resources to investigate and to respond to these discriminatory practices.

To qualify for CityFHEPS vouchers, prospective tenants must have a gross income at or below 200 percent of the federal poverty level. The household must include a veteran who’s at risk of homelessness, or the NYC Department of Social Services must determine that a CityFHEPS voucher is required to avoid shelter entry, or the household must be facing eviction and includes someone who lived in a shelter and has an active adult protective services case or would otherwise be eligible. The group claimed that rents charged for the units in question didn't exceed the CityFHEPS program's maximum allowable rents.

The court denied the landlords’ request to dismiss the case. The landlords pointed to a prior, similar case the group commenced against other landlords that had been dismissed by a court. But that case was dismissed due to a lack of standing and not on the merits. So the group wasn't barred from proceeding in this case.

The complaint in this case contained detailed allegations in support of the group's claims. The group also proposed to amend its complaint, which the court agreed to, in order to list other particular injuries. The group argued that the defendants' discrimination led to a reduction in available safe and affordable housing, which led to increased demand and need for city resources.

New York State's Division of Human Rights also states that housing advocacy organizations can file a complaint about any discriminatory policy or practice of a housing provider. And, to the extent the landlords and other defendants may dispute whether the diversion of resources gave the group "standing," this was a question that required a trial on the facts.

The court also found that the group's use of fictitious applicants was no bar to its claims because the defendants' complete refusal to deal with any applicants using a CityFHEPS voucher removed the need for the group to plead specific violations. The court ruled that the defendants must answer the complaint and appear in court for a preliminary conference [Housing Rights Initiative, Inc. v. Elliman: Index No. 154472/2022, 2023 NY Slip Op 31496(U)(Sup. Ct. NY; 5/2/23)].

 

Cases and Settlements
      • Related Articles

        Can Landlords Be Held Responsible for Broker’s Source of Income Discrimination Against Prospects?

        High-End Real Estate Brokers Sued for Source of Income Discrimination

        D.C. Property Managers Accused of Discrimination Based on Source of Income

      • Publications
        • Assisted Housing Management Insider
        • Commercial Lease Law Insider
        • Co-op & Condo Case Law Tracker Digest
        • Fair Housing Coach
        • New York Apartment Law Insider
        • New York Landlord v. Tenant
        • Tax Credit Housing Management Insider
      • Additional Links
        • Contact Us
        • Advertise
        • Group Subscriptions
        • Privacy Policy
      • Boards of Advisors
        • Assisted Housing Management Insider
        • Commercial Lease Law Insider
        • Fair Housing Coach
        • New York Apartment Law Insider
        • Tax Credit Housing Management Insider
      ©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing
      The Habitat Group Logo
      • NY Apartment Law
        • New York Apartment Law Insider
        • New York Landlord V. Tenant
        • Co-Op & Condo Case Law Digest
        • New York Rent Regulation Checklist, Fourth Edition
        • 2025 New York City Apartment Management Checklist
      • Fair & Affordable Housing
        • Fair Housing Coach
        • Assisted Housing Management Insider
        • Tax Credit Housing Management Insider
        • Fair Housing Boot Camp. Basic Training For New Hires
      • Commercial Lease Law
        • Commercial Lease Law Insider
        • Best Commercial Lease Clauses, 17/e
          • Best Commercial Lease Clauses, 17/e
        • Best Commercial Lease Clauses: Tenant's Edition
      • Guidebooks
      • May 28, 2025
      • Log In
      • Log Out
      • My Account
      • Subscribe
      • May 28, 2025
      FHC Logo.webp
      • Archives
      • Protected Classes
        • All Protected Classes
        • Disability
        • Familial Status/Age
        • Race/Color/National Origin
        • Religion
        • Sex/Sexual Orientation
        • Other Classes
      • Management Issues
        • Accommodations
        • Advertising/Applications
        • Complaints/Investigations
        • Employees/Contractors
        • Eviction
        • Leasing
        • Other Issues
      • eAlerts
        • Cases and Settlements
        • HUD News
        • Reports & Studies
        • Other
      • Resources
        • Fair Housing Coach Resources
      Free Issue
      The Habitat Group Logo
      May 28, 2025
      • Log In
      • Log Out
      • My Account