Designated as a protected class in New York State, “Lawful Source of Income” is an important part of our Fair Housing Laws.  

• New York State Human Rights Law §292 (36) (the “Law”) sets forth “lawful source of income” as a protected class for the sale or lease of any real property in New York State. Under the Law, housing providers and real estate agents in New York State are prohibited from discriminating against tenants or purchasers in housing decisions based upon how such individuals pay for their housing accommodations. 

• Housing providers and real estate agents must treat individuals who use income from vouchers or rental subsidies to pay for housing accommodations the same as they treat those who use other lawful sources of income, such as employment paychecks.

• Pursuant to the Law, lawful sources of income include, but are not limited to:

-Child support

-Alimony

-Foster care subsidies

-Income derived from social security

-Any form of federal, state, or local public assistance

-Any form of federal, state, or local housing assistance (which includes, but is not limited

 to, Section 8 vouchers, any other type of vouchers, or any other form of housing assistance, regardless of whether it is paid to the tenant or the landlord); and any other forms of lawful income.

• Real estate agents should have a basic knowledge of Protected Classes and know how to obtain the relevant and important information when working with a voucher holder.