2.1 New York Human Rights Law
Key Takeaways
- The New York State Human Rights Law (Executive Law Article 15) adds protected classes the federal Fair Housing Act omits: age, marital status, military status, sexual orientation, gender identity/expression, citizenship/immigration status, lawful source of income, domestic-violence-victim status, and arrest/sealed-conviction record
- The New York State Division of Human Rights (DHR) enforces the law; complaints filed with DHR cost nothing and require no attorney
- As of February 15, 2024, the DHR filing deadline is THREE years from the discriminatory act (raised from one year) — a frequently outdated fact in old prep materials
- Lawful-source-of-income protection makes refusing Section 8 (Housing Choice) vouchers illegal statewide, not just in New York City
- The Human Rights Law reaches residential AND commercial real estate and binds owners, brokers, salespersons, lenders, and appraisers
The New York State Human Rights Law
The New York State Human Rights Law (NYSHRL), codified at Executive Law Article 15, is the statute the licensing exam tests most heavily in this chapter. It is deliberately broader than the federal Fair Housing Act (FHA) and is read liberally to favor the complainant. A licensee who satisfies only the federal seven classes can still violate New York law, so memorize the New York additions cold.
Federal baseline (7 classes)
The FHA prohibits housing discrimination based on race, color, national origin, religion, sex (including sexual orientation and gender identity under the 2021 HUD interpretation of Bostock), familial status, and disability. Those seven are the floor every state must meet.
What New York adds
| New York protected class | Practical meaning on the exam |
|---|---|
| Age | Cannot reject adult applicants for being too young or too old |
| Marital status | Single, married, divorced, widowed all protected |
| Military status | Active duty, reservists, and veterans |
| Sexual orientation | Explicit in NYSHRL since 2003 (SONDA) |
| Gender identity or expression | Added by GENDA, 2019 |
| Citizenship or immigration status | Added December 2022 |
| Lawful source of income | Section 8, SSI/SSD, child support, public assistance |
| Domestic-violence-victim status | Survivors cannot be denied housing |
| Arrest record / sealed conviction | Cannot reject based on these alone |
A classic trap question lists a class that is federal AND state (race, disability) next to one that is state-only (source of income, marital status) and asks which is unique to New York.
The Division of Human Rights (DHR)
The New York State Division of Human Rights (DHR) is the administrative agency that investigates and adjudicates NYSHRL complaints. Filing is free, requires no lawyer, and proceeds before an administrative law judge rather than in court.
Filing deadline — the most-corrected fact in prep books
For discriminatory acts occurring on or after February 15, 2024, a complainant has three (3) years to file with DHR. The old one-year window survives only for acts before that date (and the older one-year rule is what most outdated study guides still print). The federal HUD deadline remains one year; a private federal court suit allows two years.
| Forum | Filing deadline |
|---|---|
| NY DHR (acts on/after 2/15/2024) | 3 years |
| HUD (federal administrative) | 1 year |
| Federal court (private suit) | 2 years |
Complaint process
- File a verified complaint with DHR (online, by mail, or in person).
- DHR conducts an investigation and issues a probable cause determination.
- If probable cause is found, a public hearing is held before an administrative law judge.
- The Commissioner issues a final order with remedies.
Remedies DHR can order
| Remedy | Detail |
|---|---|
| Compensatory damages | Out-of-pocket losses (extra rent, moving costs) |
| Mental-anguish damages | Emotional-distress award, no cap in housing cases |
| Civil fines | Up to $50,000, or $100,000 for willful/wanton acts |
| Injunctive relief | Order to rent, cease conduct, or take training |
Worked example: A landlord refuses a qualified applicant in March 2026 because she pays with a CityFHEPS voucher. The applicant has until March 2029 to file with DHR, can recover the rent difference plus mental-anguish damages, and the landlord faces a civil fine up to $50,000. Compare a federal HUD route, which would have expired after only one year.
Common trap: The exam may say a broker "didn't actually refuse — just discouraged." Discouraging, providing false availability, or different terms all violate the law; an outright "no" is not required.
Prohibited acts under Executive Law section 296
The statute spells out specific banned conduct in the sale or rental of housing. Knowing the list helps you recognize a violation even when the question avoids the word "discriminate."
| Prohibited act | Plain meaning |
|---|---|
| Refusing to sell, rent, or negotiate | Outright denial because of a protected class |
| Representing a unit is unavailable | Telling a protected applicant "it's taken" when it is not |
| Different terms or privileges | Higher rent, larger deposit, extra conditions |
| Discriminatory advertising | Any ad stating a preference or limitation |
| Coercion, intimidation, retaliation | Punishing someone for asserting fair-housing rights |
Local laws can add more
New York City's Human Rights Law (enforced by the NYC Commission on Human Rights) and several county ordinances add classes such as occupation and broaden remedies. When state, city, and federal law overlap, the most protective rule controls. On the state licensing exam, default to the NYSHRL unless the fact pattern is expressly set in New York City.
Memory hook: Federal classes spell roughly "the basics"; New York adds the "life-status" classes — age, marital, military, source of income, immigration, and domestic-violence status. If a class describes a circumstance of life rather than an immutable trait, it is almost certainly a New York addition.
Which protected class is covered by New York's Human Rights Law but NOT by the federal Fair Housing Act?
For a housing discrimination act occurring in 2026, how long does a complainant have to file with the New York State Division of Human Rights?