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Proposed Rule Would Require Notice to Certain Renters of Source of Income Protections

The New York State Division of Human Rights (DHR) has proposed a new rule that would require housing providers to give notice to public housing program or assistance recipients regarding discrimination based on source of income.

Renters of nearly all types of housing in New York State have been protected from source of income discrimination since 2019. Protected sources of income include federal, State, or local public or housing assistance; child support; alimony; foster care subsidies; Social Security or Supplemental Security Income (SSI); and any other form of lawful income or government assistance.

The newly proposed rule includes a sample notice alerting tenants and prospective tenants of their protections under the law as well as how to file a complaint with DHR if an individual believes they have been discriminated against by a housing provider with regard to their lawful source of income.

Providers would be required to provide the written notice to current public housing program or assistance recipients within 30 days of the effective date of the rule or, for individuals receiving benefits after the rule is enacted, upon notification of qualification for a public housing program or assistance. Posting of the notice to a bulletin board, electronic bulletin board, or in a notice area would not satisfy the notice requirement.

Members may review the proposed rule here and provide public comment until Mon., July 25th. Data, views, or arguments may be submitted to:

Caroline J. Downey

General Counsel

Division of Human Rights

One Fordham Plaza

4th Floor

Bronx, NY 10458

718-741-8398

Caroline.downey@dhr.ny.gov

Contact: Annalyse Komoroske Denio, akomoroskedenio@leadingageny.org, 518-867-8866