Finding the perfect apartment is something we all want. The process of gathering all of the necessary documents and getting your finances in order is an ordeal in itself. Additional barriers to finding an apartment are frustrating and, in some cases, illegal. Continue reading to make sure you are not a victim of Income Discrimination.
Income Discrimination based on lawful source of income is the illegal practice by landlords, owners, and real estate brokers of refusing to rent to current or prospective tenants seeking to pay for housing with housing assistance vouchers, subsidies, or other forms of public assistance. Before searching for your ideal apartment, make sure you understand your rights regarding income discrimination.
What is the Housing Choice Voucher Program?
The Housing Choice Voucher Program, also known as Section 8, helps low-income families, elderly persons, veterans, and disabled individuals afford housing in the private market. Check out the following link to see if you qualify for Section 8.
Who is eligible for the Housing Choice Voucher Program?
The following criteria are used to consider if an applicant qualifies for Section 8 vouchers:
- A family’s annual income and family size are used to determine eligibility. Check the HUD income limits for your location.
- Applicants must be a U.S. citizen or eligible non-citizen as defined by the U.S. Department of Housing and Urban Development, otherwise known as HUD.
- The head of the household must have a valid Social Security number.
- Some crimes may make an applicant ineligible. Please refer to HUD’s HCV Guidebook Chapter on Eligibility Determination and Denial of Assistance to learn more.
How to apply for Public Housing Vouchers?
You must apply for rental assistance through your local Public Housing Agency. You can find this information at the HUD’s Public Housing Agency Directory. The following documents may be needed, but may differ depending on the Public Housing Agency:
- Income paperwork (pay stubs) and bank information.
- If applicable, other forms of public assistance paperwork (SSI, SNAP, etc.)
- Proof of citizenship and Social Security Cards.
History of Income Discrimination?
In April 2019, New York State Human Rights Law was amended to apply to all housing types throughout New York. The law was amended to make it illegal to deny housing based on lawful income. This includes Housing Choice Voucher Program vouchers, as well as any federal, state, or local public assistance.
Examples of Income Discrimination
Any of the following statements made by an owner, manager, or real estate agent is evidence of source of income discrimination:
- This building does not take vouchers.
- There is a “waitlist” for people with vouchers or programs.
- This building only takes “working Section 8.”
- You can rent this apartment with a voucher, but you have to pay six (6) months of rent up front.
- For tenants in housing: “I’m not taking Section 8 for your unit. You need to move.”
Reporting Discrimination
- If you believe that you have been discriminated against, report to the NYC Department of Consumer and Worker Protection (DCWP) via this form, to the NYC Commission on Human Rights via this form, or by calling 311.
- Make sure you document all correspondence you have with the broker or landlord, as this will make it easier to back up your claim in the case of any discrimination.
- Be wary of voucher scammers. Individuals or private companies cannot sell or transfer vouchers.
Tenant Rights Resources
Make sure you are aware of your rights as a tenant. Below are resources that can help you get and keep your dream apartment without any issues.
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- Learn more information about Income Discrimination.
- New York City Tenant Resource Portal.
- Familiarize yourself with the FARE Act.
