Section 8 in a NYC Co-op or Condo: Can the Board Refuse?
Quick answerIn New York City, as of October 2026, the Human Rights Law bars refusing to rent, or to "approve the sale, rental or lease" of a home, because of a Section 8 voucher (Administrative Code 8-107(5)(a)). The Commission on Human Rights has settled source of income cases with co-op boards. For the housing agency, the shareholder or condo unit owner is the "owner" who signs the contract, and the unit must still pass inspection.
- 8-107(5)(a)City section that binds anyone with the right to "approve the sale, rental or lease" of a home
- 4Commission settlements with co-op boards over source of income, 2021 to 2026
- $25,000the largest of the four, September 2021 ($20,000 damages plus $5,000 penalties)
- 30 daysfederal deadline to fix an inspection failure that is not life-threatening
- 24 hoursdeadline when the failure is life-threatening
Source of Income Discrimination Law
The City law reaches the person who approves a rental as well as the person who offers it. Administrative Code 8-107(5)(a) applies to "the owner, lessor, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease or approve the sale, rental or lease of a housing accommodation ... or an interest therein."
It is unlawful for any of them, "because of any lawful source of income," "to refuse to sell, rent, lease, approve the sale, rental or lease or otherwise deny" the home.
The subdivision does not use the words "cooperative" or "condominium." Section 8-102 defines "person" to include corporations and associations.
- Commission on Human Rights, landlord FAQ (March 2023)after its answers on fees and security deposit vouchers, "This applies to all rental apartments, including cooperatives, condos, fair market and rent stabilized apartments."
- NYCHA, owner page"It is illegal for owners of the following property types to refuse a voucher or public rental assistance," and the list includes "Co-op" and "Condominium."
- Commission, source of income pagedoes not mention co-ops, condos or boards. No Commission guidance written for boards was found.
What it means: the Commission's enforcement record, below, shows how it applies the law to boards.
Source: Commission on Human Rights landlord FAQ and source of income page; NYCHA owner page.
Has a co-op board been penalized for turning away a voucher?
Yes, in settlements, which are agreements and not rulings after a hearing. The Commission's settlement pages for 2019 through 2026 describe four source of income matters against co-ops.
- June 2021a NYCHA Section 8 holder "was told that rental assistance programs were not accepted." The board of 4380 Vireo Avenue Owners Inc. and the agent each paid $3,000, and the board agreed "to adopt policies on the evaluation and approval of sublease applications from applicants with public sources of income"
- September 2021a couple "was denied a unit because the co-op board ... did not want to process the housing voucher." Copton Owners Corp settled for $20,000 in emotional distress damages and $5,000 in civil penalties
- July to December 2024a "rental application was denied by the co-op board despite the individual shareholder agreeing to rent." The board paid $5,000 to the voucher holder and "$5,000 in lost income to the individual shareholder"
- January to May 2026Surrey Co-Operative Apartments settled a race and source of income complaint by people who "attempted to purchase a co-op unit," for training and policy changes
What it means: in the 2024 matter the shareholder complained alongside the tenant and was paid for lost rent. No settlement with a condominium board was found on those pages.
Source: Commission on Human Rights settlement pages for 2021, 2024 and 2026; the count is VoucherMatch's, from a search of the 2019 to 2026 pages.
Section 8-107(5)(a)(4) has two exemptions: an unadvertised unit in an owner-occupied two-family building, and a room in the owner's or occupant's own home. Can a landlord refuse Section 8 in NYC quotes both, covers the unit-count threshold that ended February 15, 2021, and lists the penalties.
Watch outThe 2026 State court ruling does not mention the City law.On March 5, 2026 a State appeals court affirmed judgments declaring the separate State provision "facially unconstitutional to the extent that" it covers Section 8 vouchers, and the Attorney General has appealed. The opinion does not mention the City law, and the City Commissioner said on May 4, 2026 that the ruling "doesn't apply to the New York City law directly." The Commons West article follows the case.
The Fundamental Difference Between Co-ops and Condos
A co-op owner holds shares and a lease, and a condo owner holds title to the unit, and that decides which building document controls a rental.
| Co-op | Condo | |
|---|---|---|
| What the owner holds | Shares in a corporation, which carry "a long-term proprietary lease for the apartment" | "Separate (individual) ownership of a unit" and an "undivided interest in the common elements" |
| Monthly charge | Maintenance, "based on the number of shares allocated to their apartment" | Common charges: "each unit's proportionate share of the common expenses" |
| Where the rental rules are | The by-laws and proprietary lease, which set "sublet provisions" | The by-laws, which "may" hold "provisions governing the ... leasing ... of units" |
| Proof of ownership NYCHA names | "Proprietary leases and the share certificate" | "Unit deeds" |
What it means: read the building's own documents first.
Source: NYS Attorney General cooperatives and condominiums pages and co-op board guide; Real Property Law 339-v and 339-e; NYCHA owner page, change of ownership list.
Who decides what
Four parties each control a different part of the rental.
| Party | Decides | Source |
|---|---|---|
| Shareholder or unit owner | The applicant, the proposed rent, repairs. Signs the lease and the Housing Assistance Payments (HAP) contract as "owner": "any person or entity with the legal right to lease or sublease a unit to a participant" | 24 CFR 982.4 and 982.307; NYCHA plan, section XVII.A; HPD plan, section 12.1 |
| Co-op board or condo board of managers | What the proprietary lease or by-laws give it, such as consent to a sublet. It may not refuse to approve a rental because of a voucher | Attorney General co-op board guide; Real Property Law 339-v(2)(a); Admin. Code 8-107(5)(a) |
| Housing agency (NYCHA or HPD) | Whether the unit is eligible, passes inspection and has a reasonable rent, and whether the owner is approved | 24 CFR 982.305(a) and 982.306 |
| Tenant | Which unit to ask the agency to approve. Pays only the tenant share, and "must not sublease or let the unit" | 24 CFR 982.451(b)(4) and 982.551 |
What it means: the agency contracts with the unit owner only. Neither plan gives the board a form to sign.
Source: as linked in each row; NYCHA Administrative Plan, May 2026; HPD Administrative Plan, April 2025. Compiled by VoucherMatch.
Co-op Subletting and Section 8
A co-op sublet to a voucher holder needs whatever consent the proprietary lease requires, and the board's decision is covered by the City law. The Attorney General's guide says a board "must follow the co-op's internal rules (as set forth in the by-laws, the proprietary lease, the certificate of incorporation and the house rules)."
- Residency periods, time limits, sublet feesset by each building's documents. Ask the managing agent for the current proprietary lease and house rules.
- Minimum income, such as 40 times the rentthe Commission's landlord FAQ says that where the tenant's share is calculated from income, "it is a violation of the Law to impose any additional income requirements," and "You may not require guarantors or co-signers." The FAQ is addressed to owners. The Commission has published no version for boards.
- Application feesState law caps the background and credit check fee at $20 or the actual cost, whichever is less, for a "landlord, lessor, sub-lessor or grantor." Its co-op exception covers an applicant who "would become a dwelling unit owner or shareholder."
- No stated reasonno Commission publication was found on a board that turns down a sublet without giving a reason.
What it means: the 2021 Vireo Avenue settlement required a board to adopt policies for sublease applicants with public income. How to screen Section 8 tenants covers credit, fees and background checks.
Source: Attorney General co-op board guide; Commission landlord FAQ, March 2023; Real Property Law 238-a.
Condo Rentals and Section 8
A condo unit owner is the one "owner" the agency deals with, and the by-laws say what the building can require. Real Property Law 339-v(2)(a) lets by-laws include "provisions governing the alienation, conveyance, sale, leasing, purchase, ownership and occupancy of units."
- Right of first refusal: the statute does not mention one. Whether a board holds that right depends on the by-laws.
- Rental caps: VoucherMatch found nothing from the Commission on by-laws that cap the number of rented units.
How Leasing a Co-op or Condo Unit Works
The agency treats a co-op or condo rental as an ordinary tenancy. Federal rules say rental assistance for a family that "leases a cooperative housing unit from a cooperative member ... is not a special housing type" and follows the general rules (24 CFR 982.619(a)(2)).
- 1Unit ownerreads the proprietary lease or by-laws for the sublet or leasing terms and tells the applicant what the building will ask for
- 2Unit owner and tenantcomplete the agency's packet. NYCHA's has the Owner Registration form (with boxes for "Condominium" and "Coop"), the Request for Tenancy Approval, the lead paint disclosure and a W-9. HPD's Landlord Package asks for the deed and the "Shareholder Agreement (if applicable)"
- 3Boardacts on the sublet or lease application under the building's documents. It may not refuse approval because of the voucher
- 4Agencychecks the owner and whether the rent is reasonable
- 5Agencyinspects the unit and, at NYCHA, the "public space, and exterior areas"
- 6Unit owner and tenantsign the lease with HUD's tenancy addendum. The owner signs the HAP contract
- 7Agency and tenantthe agency pays its share to the unit owner, and the tenant pays the tenant share
What it means: neither agency says whether board consent must come before the packet. How to become a Section 8 landlord in NYC covers the packet, and how long approval takes covers timing.
Source: NYCHA owner page, owner guide and registration form; HPD owner FAQ; 24 CFR 982.305. The order is VoucherMatch's.
Rent, payment standards and common charges
The approved rent is all the owner may collect for the unit. Maintenance, common charges and assessments are bills the building sends the unit owner.
- Rent reasonablenessthe agency compares the proposed rent with unassisted units, counting "any amenities, housing services, maintenance and utilities provided and paid by the owner." NYCHA looks within a quarter mile first.
- Payment standardlimits the subsidy, as for any unit. See NYC Section 8 payment standards.
- Nothing extra from the tenant"The owner may not demand or accept any rent payment from the tenant in excess of this maximum" (24 CFR 982.451(b)(4)). HUD's contract adds that rent to owner "includes all housing services, maintenance, utilities and appliances to be provided and paid by the owner in accordance with the lease."
- Side agreementsHPD calls any amount above its authorized rent "an unauthorized side payment."
- Fees a building bills the tenant directlynot addressed in either plan or in the HUD rules read.
What it means: build maintenance, common charges and any sublet fee into the proposed rent. After a later assessment, the route is a rent increase request.
Source: 24 CFR 982.507 and 982.451; form HUD-52641, edition 4/2023; NYCHA plan, section XIII; HPD owner FAQ, question 8.
Renting to a relative, or a unit the owner lives in
Two federal rules stop most family arrangements.
- Relatives: the agency "must not approve a unit if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the family," unless it finds that approval would be a reasonable accommodation for a person with disabilities (24 CFR 982.306(d)). Both City plans repeat the rule.
- Owner in the unit: "a unit occupied by its owner or by a person with any interest in the unit" is ineligible (24 CFR 982.352(a)(6)).
Inspections and common areas the owner does not control
Federal rules put the repair duty on the "owner" who signed the contract, and no exception for areas the building runs was found in them. Under 24 CFR 982.404, "the owner must maintain the unit in accordance with HQS," and in HUD's contract the owner certifies it "is maintaining the contract unit and premises."
| Source | What it says |
|---|---|
| 24 CFR 5.703(a) | For vouchers, the standards cover the unit, the means of egress, "common features related to the residential use of the building" and "the systems equipment that directly services the subsidized unit" |
| NYCHA | Inspects "the unit, public space, and exterior areas." Public space violations go to "the owner" in a separate letter. Repairs are due in 24 hours if life-threatening, 30 days otherwise |
| HPD | "The property owner is responsible for providing access to the heating system and public areas of the building." Payments are abated if repairs are not certified within 30 days |
What it means: neither agency has published a separate process for a unit owner who cannot repair a hallway, boiler or elevator. What happens if you fail a Section 8 inspection covers the steps after a failure.
Source: 24 CFR 5.703; NYCHA owner guide and inspection FAQ; HPD plan, section 8.15, and owner FAQ.
Lead Paint and Window Guard Considerations
Both City rules follow the tenant into a rented co-op or condo unit. HPD's lead-based paint page lists "Coop/Condos dwelling units not being occupied by the owner or a family member of the owner" among the homes Local Law 1 covers.
- Lead paint: when a tenant lives in the unit, the annual notice applies, and if a child under six lives there, an annual inspection of "common areas and the dwelling unit." HPD tells owners to "discuss these requirements with their cooperative or condo board and management company." Details are in Section 8 lead paint requirements.
- Window guards: NYCHA's plan (section XII) requires them, in buildings of three or more units with a child 10 or younger, "in the unit in which the child resides and in any public areas." See window guard requirements.
Can a Section 8 Voucher Buy a Co-op or Condo in NYC?
HPD's plan has a homeownership option that names co-ops and condos, and NYCHA's plan has none. HPD's public Section 8 pages do not explain how to apply.
- HPD, buyingits plan says HPD "has established a Housing Choice Voucher Homeownership Option." Eligible homes include "cooperative units, and condominium units." The buyer must be a current HPD voucher holder, a first-time homeowner, and in or graduated from HPD's Family Self Sufficiency (FSS) program.
- HPD, how to applyno application page was found on HPD's site. Its FSS page gives 917-286-4300.
- NYCHA, buyingthe May 2026 plan has no homeownership option.
- NYCHA, already a co-op ownerits tenant FAQ says "You may receive Section 8 subsidy in your co-op," with a contract rent "equal to the maintenance fee." The plan lists "Cooperative Housing" among its special housing types.
What it means: an HPD voucher holder can ask the FSS office. NYCHA's plan has no purchase route. Owning a house or car on Section 8 covers assets.
Source: HPD Administrative Plan, chapter 20; HPD FSS page; NYCHA plan, section XIV.B; NYCHA tenant FAQ.
What Voucher Holders Should Know
Ask on the first call whether the unit is in a co-op or a condo and who has to approve the rental.
- Is the building a co-op or a condo, and does the board have to approve a tenant?
- What does the board's application ask for?
- Is the owner a close relative of anyone in the household?
- Who fixes a problem in the hallway or with the heat?
The Commission's tenant FAQ advises saving ads and messages and asking for "a letter explaining the reason" for a rejection. The Commission's number is 212-416-0197, and how to report voucher discrimination has the steps.
What Unit Owners Should Know
A unit owner answers to the board for the sublet and to the agency for everything in the contract.
- Building documents. current proprietary lease or by-laws and house rules, with every sublet or leasing condition noted
- Proof of ownership. unit deed for a condo. Proprietary lease and share certificate for a co-op
- Rent. one proposed figure that covers maintenance or common charges
- Relatives and occupancy. the tenant is not a close relative, and no owner will live in the unit
- Board application. filed with dated copies kept
- Inspection. the unit, the route to the street and the building systems serving the unit. The pre-inspection checklist lists the items
- Lead paint and window guards. agreed with the managing agent who sends notices and who inspects
- If the board refuses. the reason requested in writing
Resources
The two agencies answer questions about a specific unit.
- NYCHA Customer Contact Center, 718-707-7771. HPD owner services, S8landlords@hpd.nyc.gov
- HPD vs NYCHA Section 8, to tell which agency issued a voucher
Frequently Asked Questions
Can a co-op board reject a Section 8 tenant in NYC? Not because of the voucher. Administrative Code 8-107(5)(a) covers anyone with the right to "approve the sale, rental or lease" of a home.
- Enforcement: the Commission has settled four source of income matters with co-ops since 2021
Can a condo owner rent to a Section 8 tenant? Yes. The unit owner signs the lease and the HAP contract as the "owner," subject to the by-laws and to the agency's inspection and rent review.
Can a co-op require a voucher holder to earn 40 times the monthly rent? The Commission's landlord FAQ calls an added income requirement "a violation of the Law" where the tenant's share is calculated from income. It has published no version addressed to boards.
- Guarantors: the same FAQ says they may not be required
Is a condo rental cap source of income discrimination? VoucherMatch found no Commission publication or settlement on rental caps. Real Property Law 339-v(2)(a) lets by-laws govern leasing.
Do lead paint and window guard rules apply to rented co-op and condo units? Yes. HPD lists co-op and condo units not occupied by the owner or the owner's family under Local Law 1, and NYCHA requires window guards where a child 10 or younger lives.
- Details: under Lead Paint and Window Guard Considerations
What should a voucher holder ask before applying to a co-op apartment? Ask whether the board must approve the sublet, and what its application requires and costs.
Can a shareholder charge the tenant the maintenance on top of the rent? No. Under 24 CFR 982.451(b)(4) the owner may not accept more than the approved rent less the agency's payment.
- Next step for unit owners: get the building's sublet or leasing rules in writing, then list the unit on VoucherMatch
- Voucher holders: browse listings from landlords who take vouchers
How this article was checked
Last checked: October 7, 2026, against the NYC Human Rights Law (Administrative Code Title 8, chapter 1); the Commission on Human Rights' source of income page, FAQs and 2019 to 2026 settlement pages; 24 CFR 5.703 and part 982; form HUD-52641; NYCHA's Administrative Plan (May 2026) and owner pages; HPD's Housing Choice Voucher Administrative Plan (April 2025), owner FAQ and lead paint page; Real Property Law 238-a and 339-v; and the Attorney General's co-op and condo pages. General information, not legal advice.
Sources for this article (34)
- Administrative Code 8-107(5)(a) (nyc.gov)
- landlord FAQ (nyc.gov)
- source of income page (nyc.gov)
- owner page (nyc.gov)
- 2021 (nyc.gov)
- 2024 (nyc.gov)
- 2026 (nyc.gov)
- cooperatives (ag.ny.gov)
- condominiums (ag.ny.gov)
- co-op board guide (ag.ny.gov)
- Real Property Law 339-v (nysenate.gov)
- 24 CFR 982.4 (ecfr.gov)
- 982.307 (ecfr.gov)
- 24 CFR 982.305(a) (ecfr.gov)
- 982.306 (ecfr.gov)
- 24 CFR 982.451(b)(4) (ecfr.gov)
- 982.551 (ecfr.gov)
- Administrative Plan, May 2026 (nyc.gov)
- Administrative Plan, April 2025 (nyc.gov)
- Real Property Law 238-a (nysenate.gov)
- 24 CFR 982.619(a)(2) (ecfr.gov)
- owner guide (nyc.gov)
- registration form (nyc.gov)
- owner FAQ (nyc.gov)
- 24 CFR 982.507 (ecfr.gov)
- form HUD-52641 (hud.gov)
- 24 CFR 982.352(a)(6) (ecfr.gov)
- 24 CFR 982.404 (ecfr.gov)
- 24 CFR 5.703 (ecfr.gov)
- inspection FAQ (nyc.gov)
- lead-based paint page (nyc.gov)
- FSS page (nyc.gov)
- tenant FAQ (nyc.gov)
- tenant FAQ (nyc.gov)
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