How to Report a Landlord Who Refuses Your Voucher in NYC
Refusing a tenant because they pay with a housing voucher is illegal in New York City and New York State. If a landlord has turned you down because of your Section 8, CityFHEPS, FHEPS, or other housing voucher, you have the right to file a discrimination complaint and potentially force them to rent to you or face penalties.
The process is free, does not require a lawyer, and the agencies that handle these cases take them seriously. Here's how to document the refusal and file.
What Counts as Voucher Discrimination
Source-of-income discrimination happens in many forms, and all of them are illegal in NYC and statewide. Watch for these red flags:
- The landlord or agent says "the apartment is no longer available" immediately after you mention your voucher.
- They apply a minimum-income requirement like "40x the rent" only to voucher holders, not to applicants paying with personal income.
- The listing says "no programs" or "no Section 8."
- They ask invasive questions about your voucher or claim they don't work with "program" tenants.
- They demand a co-signer or guarantor only from voucher holders.
Any refusal tied to your voucher status, not to your actual creditworthiness or income, is discrimination. The law protects you whether the building has 6 units or 600.
The Golden Rule: Document Before You Confront
Before you file a complaint, gather evidence. The stronger your documentation, the faster and more decisively the agency can act.
Collect these materials:
- The listing itself, especially screenshots showing "no programs" or "no Section 8" language.
- Text messages, emails, or call logs with the landlord or agent.
- Detailed notes with the date, time, location, the name of the person who refused you, and exactly what they said.
- The name and contact information of any companion who witnessed the refusal.
- A copy of your voucher approval letter or lease to show you are a legitimate voucher holder.
If you have a witness, that person's account is powerful evidence. Enforcement agencies also use testing, where a second person without a voucher inquires about the same apartment, to prove discrimination.
Where to File: City vs. State
You have two options, and you only need to choose one.
NYC Commission on Human Rights handles complaints in New York City. This is usually the faster and more direct route if the landlord is in the five boroughs. Visit NYC Commission on Human Rights to file online or call 311 for filing locations and hours.
NYS Division of Human Rights covers cases outside NYC and is also an alternative venue inside the city. You can file with NYS Division of Human Rights if you prefer the state process or if the property is outside the city.
Both agencies investigate source-of-income discrimination. Pick the one that feels most accessible to you.
Step-by-Step: Filing with the NYC Commission on Human Rights
Prepare your complaint before you file. You will need to describe what happened, when it happened, the landlord's name and address, and the specific words or actions that discriminated against you. Include your voucher type (Section 8, CityFHEPS, etc.) and the apartment address or listing URL.
File online or in person. The NYC Commission on Human Rights accepts complaints through their website or at their offices throughout the city. Call 311 to find the nearest location and current filing hours. Filing is free.
Submit your evidence. Attach or bring copies of your screenshots, emails, notes, and witness contact information. The more specific you are, the easier it is for investigators to build a case.
Keep a copy for yourself. Write down the complaint number and the date you filed. You will need this to check on your case status.
What Happens After You File
Once you file, the NYC Commission on Human Rights will investigate. An investigator will contact the landlord, review the evidence, and may interview witnesses. This process takes time, sometimes several months.
If the agency finds that discrimination occurred, they can:
- Issue a cease-and-desist order.
- Fine the landlord.
- Order the landlord to offer you the apartment.
- Require training or policy changes.
You do not have to pay anything to pursue this. If you win, the landlord may also be ordered to cover your costs.
Keep Searching While the Case Runs
Do not wait for your complaint to be resolved before you keep looking. Investigations take time, and you need a home now. Use VoucherMatch to browse landlords who accept vouchers in your neighborhood. You can also search Section 8 apartments by borough to find buildings with a track record of renting to voucher holders.
If the discrimination delayed your search and your voucher is about to expire, you may be eligible for voucher extension requests. Document the refusal and mention it when you request an extension from HRA or your local housing authority.
The whole reason VoucherMatch exists is so you do not have to fight refusals door-to-door. Landlords who list here accept vouchers. Start there, file your complaint, and move forward.
Frequently Asked Questions
Is it really illegal for a landlord to refuse my Section 8 voucher?
Yes. In New York City, refusing a tenant because they pay with a housing voucher is source-of-income discrimination, illegal under the NYC Human Rights Law for buildings with 6 or more units, and citywide for most housing. New York State also bans source-of-income discrimination statewide under the NYS Human Rights Law since 2019.
What counts as voucher discrimination?
Common forms include saying "the apartment is no longer available" right after you mention a voucher, applying minimum-income requirements like "40x the rent" only to voucher holders, or listing "no programs" in the ad. Any refusal tied to your voucher status is discrimination.
Do I need a lawyer to file a complaint?
No. Filing is free and does not require a lawyer. However, legal help strengthens cases, especially if you have solid documentation or a witness to the refusal.
What happens after I file a complaint with the NYC Commission on Human Rights?
The agency investigates your complaint. If they find discrimination, they can issue fines and order the landlord to offer you the apartment or take other corrective action. The process takes time, so keep searching for other apartments while your case runs.
Can I file with both NYC and New York State?
You don't need to. The NYC Commission on Human Rights handles cases in the city. The NYS Division of Human Rights covers cases outside NYC and is also an alternative venue inside it. Pick the one that fits your situation best.
What if I don't have written proof of the refusal?
Write down the date, time, location, landlord or agent name, and exactly what was said. Include the names of any witnesses. Screenshots of listings with "no programs" language are useful evidence. Enforcement agencies often use testing, where a second person without a voucher inquires about the same apartment, to prove discrimination.
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Jake Gandolfo
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