How to Report a Landlord Who Refuses Your Voucher in NYC
Quick answerIn New York City, as of October 2026, report a landlord or broker who refuses your voucher to the NYC Commission on Human Rights: call 212-416-0197, or call 311 and ask for "Human Rights". Report while the apartment is still available, because the Commission can call the landlord. You have one year to file a City complaint. The State Division of Human Rights, at 844-697-3471, allows three years.
Last checked: October 4, 2026, against the NYC Commission on Human Rights' source of income page, tenant FAQ and landlord FAQ (both March 2023), its complaint process page (updated April 24, 2026) and report form; the NYS Division of Human Rights' reporting, process and Section 8 pages; and the NYS Attorney General's source of income page.
- 212-416-0197NYC Commission on Human Rights
- 1 yearto file a complaint with the City Commission
- 3 yearsto report to the State Division of Human Rights
- 844-697-3471State Division of Human Rights call center
- $250,000top City penalty per willful violation
- 2008year voucher refusal became illegal in NYC
This article is general information, not legal advice.
What Counts as Voucher Discrimination
Voucher discrimination is any refusal to rent, or worse treatment, because you pay with a voucher, subsidy or public assistance. The City calls it discrimination based on lawful source of income, and it has been illegal here since 2008. The Commission names Section 8, CityFHEPS, HASA and SSI "among others"; HRA's page adds FHEPS and Cash Assistance.
The rule binds landlords, owners and brokers, and the owner answers for the agents who handle applications. State law has banned the same conduct since April 12, 2019. Federal law does not help here: the Fair Housing Act lists seven protected classes and source of income is not one of them.
| What you hear or see | What the agency says |
|---|---|
| "No vouchers", "no programs", "no Section 8" in an ad or message | Unlawful to advertise a refusal or a preference for non-voucher tenants |
| "There is a waitlist for vouchers", or "we have other units for programs" | Evidence of discrimination; steering voucher holders to certain units is a violation |
| "Working Section 8 only", or Section 8 but not HASA | Accepting only some programs still violates the law |
| "You must earn 40 times the rent" | A violation where your share of the rent is set from your income, as with Section 8 |
| "You need a guarantor or co-signer" | Not allowed where your share is set from your income |
| "Credit score of at least 700" | If the voucher pays 100% of the rent, credit cannot be the reason. If you pay a share, credit is weighed case by case, and a fixed minimum score is evidence of discrimination |
| "Six months' rent up front", or a large fee to hold or view the unit | Evidence of discrimination. State law caps application fees at $20 or the actual cost of the check, whichever is less |
| "It's no longer available", or silence once you mention the voucher | Evidence if a caller with job income is then told the unit is open |
| To a current tenant: "I'm not taking Section 8 for your unit. You need to move." | Evidence of discrimination; owners must accept a voucher a tenant gets after moving in |
What it means: an income, guarantor or credit rule applied to every applicant can still be a violation when it is applied to you.
Source: NYC Commission on Human Rights, tenant FAQ and landlord FAQ, March 2023; source of income page.
The State Division of Human Rights adds stalling until the unit is leased, bait and switch, and refusing to submit the program's paperwork (DHR). The Attorney General adds raising the advertised rent and insisting on proof of employment (NYS AG).
Which apartments are covered
Most rentals in the city are covered "regardless of number of units", including co-ops, condos, single rooms and illegal units. The Commission lists only two exceptions.
- Small owner-occupied buildingthe owner or a family member lives there, no more than two families live in the building, and the unit was not publicly advertised.
- A room in the owner's homea room in a unit where the owner or a family member lives.
What it means: outside these two cases the size of the building does not matter, and neither exception applies to a unit that already receives public assistance.
Source: NYC Commission on Human Rights, tenant FAQ, March 2023.
If you are unsure whether a rental is exempt, the Commission tells you to call 212-416-0197.
Watch outHRA's apartment hunting page still describes the rule as covering landlords with "at least three (3) units". The Commission enforces the law, and its pages set no unit count.
The guide on whether a landlord can refuse Section 8 covers the law itself. This article covers reporting.
Document the Refusal Before You Report
Start a record on your first call, because both agencies ask for dates, names and the exact words used.
- The ad. take a photo or screenshot right away, before it is edited or removed
- Texts and emails. save them somewhere other than your phone
- Notes of every call. the date, who you spoke to, their company and job title, and their words
- Recordings. the Commission says recording your calls and conversations is permissible in New York
- A comparison call. have a trusted friend with job income ask whether the unit is still available
- The rejection in writing. ask the broker or owner for a letter giving the reason and a copy of the background check they used
- Your costs. keep notes of expenses and how the denial affected you, which is what damages are based on
What it means: you do not need a written "no vouchers" to report, but a dated record makes the report usable.
Source: NYC Commission on Human Rights, tenant FAQ, March 2023; NYS Attorney General, source of income page.
The Commission also runs its own tests by phone, online and in person, so a report can start an investigation that does not rest on your evidence alone.
Where to File: City vs. State
Inside the five boroughs you can go to the City Commission, the State Division of Human Rights, or court, and you can separately tell the Attorney General.
Watch outOn March 5, 2026 a State appeals court held the State source-of-income provision unconstitutional to the extent it covers Section 8 vouchers, and the Attorney General's appeal is before the Court of Appeals. New York City's law is a separate statute, so a Section 8 holder in the five boroughs is on firmer ground reporting to the City Commission. Details are in the Commons West ruling.
| NYC Commission on Human Rights | NYS Division of Human Rights | NYS Attorney General | |
|---|---|---|---|
| How to reach it | 212-416-0197; 311, ask for "Human Rights"; online report form | 844-697-3471; online reporting form | Online complaint form; 212-416-8250 to have a form mailed |
| Deadline | 1 year from the last act | 3 years from the most recent incident | None published |
| Fast help while the unit is open | Source of Income Unit contacts the landlord or broker | Section 8 Early Intervention Unit aims to respond within two business days | Not offered |
| Your own case | Yes | Yes | No. It keeps the report on file to spot patterns and does not represent you |
| Cost | Free | Free, no attorney needed | No fee mentioned |
What it means: for any voucher inside the city the Commission is the usual first call, and the State is the fallback once the City's one year has passed.
Source: Commission complaint process (updated April 24, 2026) and source of income page; State Division reporting page and Section 8 page; Attorney General complaint form.
Watch outThe Commission will not take your complaint if you have already filed one on the same facts with the State Division, HUD, or a state or federal court. Choose the forum before you sign a formal complaint.
The State's early intervention unit is described for Section 8 vouchers only. Its page does not say whether CityFHEPS or FHEPS holders get the same fast contact, though the State law protects them too.
Deadlines to File
The City clock is one year and the State clock is three, both counted from the last act of discrimination.
- Right awayreport while the unit is still available, so the Commission or the State unit can call the landlord
- Within 1 yeara verified complaint must be filed with the City Commission
- Within 3 yearsa report must reach the State Division of Human Rights, for acts on or after February 15, 2024
- Within 3 yearsa complaint can be brought in court under the City law, according to the Commission's report form
What it means: missing the City's year does not end your options, but it does end the Commission route.
Source: Commission complaint process and report form; State Division reporting page.
ExampleA broker turns you down on October 6, 2026. As an illustration, your City complaint would need to be filed by early October 2027, and a State report by early October 2029. Ask the agency to confirm your own date.
Step-by-Step: Filing with the NYC Commission on Human Rights
Reporting to the Commission and filing a complaint are two separate acts, and only the complaint stops the one-year clock.
- 1ReportCall 212-416-0197, call 311 and ask for "Human Rights", or send the online form. The form asks who discriminated, their address or location, the date of the most recent incident and what happened, and takes three attachments.
- 2Say the unit is still openIf it is, say so. The Source of Income Unit can contact the landlord or broker, which "can result in that person securing or maintaining housing".
- 3Intake appointmentStaff discuss your allegations by phone or video, or in person when necessary at 22 Reade Street in Manhattan. Have names, addresses, phone numbers and exact dates ready, and bring photo ID to enter the building.
- 4Verified complaintThe formal complaint is signed and notarized, then mailed or delivered to the Law Enforcement Bureau. This is the filing that counts toward the deadline.
- 5Keep copiesHold on to everything you sent and the date you sent it. The Commission says you are responsible for watching the deadline.
What it means: the online form states that it "is not an official complaint", so do not treat a submitted form as a filed case.
Source: Commission report form, contact page and complaint process.
TipYou can make a report without becoming part of a formal complaint. The office is open 9am to 5pm, Monday to Friday, and services are free.
What Happens After You File
The Commission does not publish how long a case takes or the steps after intake; the State Division does.
- The apartment. the agent or landlord may rent you that unit or a similar one
- Damages. for out-of-pocket expenses and emotional suffering, with no cap
- Attorney's fees. if a lawyer represents you at the Commission
- Civil penalties. up to $250,000 per willful violation, collected by the City
- Monitoring. of the landlord's or agent's activity for months or years
- License report. licensed brokers and salespeople are reported to the State licensing division
What it means: these are "potential remedies", not promises, and the penalty goes to the City rather than to you.
Source: NYC Commission on Human Rights, tenant FAQ and landlord FAQ, March 2023.
- 1Reportyou call or use the online form, and the Division drafts a formal complaint for you to review, sign and return.
- 2Servicethe Division sends it to the landlord or broker for a written answer, and you may reply.
- 3Investigationan investigator gathers interviews, documents and other evidence, which "can take several months".
- 4Findingprobable cause moves the case on. A dismissal can be appealed only in State Supreme Court within 60 days.
- 5Settlement or hearingsettlement conferences come first, then a public hearing before an Administrative Law Judge.
- 6Final Orderthe Commissioner decides and, if discrimination is found, orders remedies.
What it means: expect "at least several months, and sometimes longer", from investigators who are neutral and cannot give you legal advice.
Source: NYS Division of Human Rights, What to Expect and reporting page.
The Division's process page describes remedies in general terms and gives no housing-specific list. For past outcomes, see the piece on brokers fined for voucher discrimination.
Keep Searching While the Case Runs
Keep applying elsewhere, because neither agency promises a date and your voucher has its own clock.
- Find landlords who take vouchers: browse listings on VoucherMatch or Section 8 apartments by borough.
- Watch your voucher's expiration: if the refusal cost you time, read how to request a voucher extension and keep your record of the refusal with the request.
- CityFHEPS or FHEPS search help: HRA's page sends source of income complaints to the Commission, and offers apartment search help through the DSS OneNumber at 718-557-1399. VoucherMatch also lists CityFHEPS apartments.
- Get a lawyer's view: Legal Services NYC takes calls at 917-661-4500, Monday to Friday, 9:30am to 4pm (intake page).
A complaint about repairs, heat or another dispute with a landlord is a different matter. HRA points tenants to the 311 Tenant Helpline for those.
Frequently Asked Questions
Is it really illegal for a landlord to refuse my Section 8 voucher? Yes, under both City and State law.
- City: illegal since 2008 under the NYC Human Rights Law, in most rentals regardless of the number of units
- State: banned statewide since April 12, 2019
- Federal: the Fair Housing Act does not cover source of income
What counts as voucher discrimination? A refusal or worse terms because of how you pay. The Commission's examples include "no vouchers" ads, a voucher "waitlist", income minimums or guarantors where your rent share is income-based, and taking one program but not another. The table above lists them.
Do I need a lawyer to file a complaint? No. The Commission's services are free, and the State Division says you do not need an attorney. If a lawyer does represent you at the Commission, the landlord or agent may have to pay your attorney's fees.
What happens after I file a complaint with the NYC Commission on Human Rights? Staff discuss your allegations at intake. The Commission publishes no timeline.
- If the unit is still open: the Source of Income Unit can contact the landlord or broker
- If it finds a violation: remedies can include the apartment, damages and penalties
Can I file with both NYC and New York State? No. The Commission cannot take a complaint already filed on the same facts with the State Division, HUD or a court. A report to the Attorney General is different: it does not start a case for you.
How do I report a landlord to the housing authority? For a voucher refusal you report to a human rights agency instead.
- City programs: HRA sends these complaints to the Commission at 212-416-0197
- Section 8: the State Division's Section 8 unit takes reports at 844-697-3471
- Not found: no NYCHA, HPD or HCR page describing a discrimination report line of their own was found as of October 2026
What if I don't have written proof of the refusal? Report anyway. Write down the date, the person and their words, and ask a friend with job income to call about the same unit. If the agent moves forward with your friend, the Commission treats that as evidence.
- Your next step today: call 212-416-0197 if the apartment is still open, then save the ad and your messages somewhere safe
- Still looking: browse voucher-friendly listings on VoucherMatch
Are you a landlord? List your property free and reach voucher holders.
Sources for this article (17)
- source of income page (nyc.gov)
- tenant FAQ (nyc.gov)
- landlord FAQ (nyc.gov)
- complaint process page (nyc.gov)
- report form (nyc.gov)
- reporting (dhr.ny.gov)
- process (dhr.ny.gov)
- Section 8 (dhr.ny.gov)
- source of income page (ag.ny.gov)
- Fair Housing Act (hud.gov)
- apartment hunting page (nyc.gov)
- held the State source-of-income provision unconstitutional to the extent it covers Section 8 vouchers (decisions.courts.state.ny.us)
- before the Court of Appeals (nycourts.gov)
- online reporting form (webapps.dhr.ny.gov)
- Online complaint form (ag.ny.gov)
- contact page (nyc.gov)
- intake page (legalservicesnyc.org)
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