--- doc_id: compliance/fair-housing url: /docs/compliance/fair-housing title: Fair Housing Documentation description: Fair housing policy, legal standards, and operational controls. jurisdiction: unknown audience: unknown topic_cluster: unknown last_updated: unknown --- # Fair Housing Documentation (/docs/compliance/fair-housing) V. FAIR HOUSING DOCUMENTATION [#v-fair-housing-documentation] Direct Answer [#direct-answer] This page is the fair housing operating standard for Botway workflows in NY/NYC. Apply neutral screening, neutral advertising, and consistent treatment across all protected classes and lawful source-of-income rules. Citations [#citations] * Federal Fair Housing Act resources (HUD): [https://www.hud.gov/program\_offices/fair\_housing\_equal\_opp](https://www.hud.gov/program_offices/fair_housing_equal_opp) * NYS Division of Human Rights: [https://dhr.ny.gov/](https://dhr.ny.gov/) * NYC Commission on Human Rights: [https://www.nyc.gov/site/cchr/index.page](https://www.nyc.gov/site/cchr/index.page) See Also [#see-also] * [NY Compliance Package](./ny-compliance) * [Landlord Playbook](../playbooks/landlord-playbook) * [Glossary](../core-references/glossary) **Jurisdiction:** New York State / New York City **Governing Law:** 42 U.S.C. §3604; NYS Executive Law §296; NYC Admin Code §8-107 **Audience:** All licensed real estate professionals, landlords, property managers **Disclaimer:** General information only. Not legal advice. *** 1. Policy Statement [#1-policy-statement] Botway is committed to full compliance with all applicable fair housing laws at the federal, state, and local level. All licensed agents, employees, and affiliated professionals are required to conduct business in accordance with the Fair Housing Act, the New York State Human Rights Law, and the New York City Human Rights Law. Discrimination in the sale, rental, or financing of housing based on any protected characteristic is prohibited. This commitment extends to all aspects of real estate practice including advertising, marketing, showing, screening, negotiation, and transactional processing. *** 2. Applicable Federal Law [#2-applicable-federal-law] **Fair Housing Act (42 U.S.C. §3604)** The federal Fair Housing Act prohibits discrimination in the sale, rental, and financing of housing based on: * Race * Color * National origin * Religion * Sex (including sexual orientation and gender identity per Bostock interpretation) * Disability (physical and mental) * Familial status (presence of children under 18, pregnancy, custody) The Act applies to most housing transactions. Limited exemptions exist for owner-occupied buildings with four or fewer units (Mrs. Murphy exemption) and single-family homes sold without a broker, but these exemptions do not apply to advertising. *** 3. NYS Human Rights Law [#3-nys-human-rights-law] **NYS Executive Law §296** New York State law expands federal protections to include: * All federal protected classes * Age * Marital status * Sexual orientation * Gender identity or expression * Military status * Domestic violence victim status NYS law is enforced by the New York State Division of Human Rights and the NY Department of State (for licensed real estate professionals). *** 4. NYC Human Rights Law [#4-nyc-human-rights-law] **NYC Admin Code §8-107** New York City law provides the broadest protections and is interpreted liberally in favor of coverage. In addition to all state protected classes, NYC protects: * Lawful source of income (including housing vouchers, Section 8, Social Security, disability benefits, alimony, child support) * Citizenship or immigration status * Caregiver status * Partnership status * Additional categories as amended **Enforcement:** NYC Commission on Human Rights. Penalties can include compensatory damages, civil penalties up to $250,000 for willful violations, and injunctive relief. **Lawful Source of Income (NYC and Westchester County):** Landlords and brokers in NYC and Westchester County are prohibited from: * Refusing to rent to or show apartments to Housing Choice Voucher (Section 8) holders * Advertising "No vouchers," "No Section 8," or "No DSS" * Refusing to process applications because the applicant receives government assistance * Setting income requirements that effectively screen out voucher holders (e.g., requiring "40x the rent" when the voucher covers a portion of rent) * Applying income standards inconsistently in a manner that functions to exclude applicants based on lawful source of income *** 5. Prohibited Conduct [#5-prohibited-conduct] The following conduct is prohibited under one or more of the applicable frameworks: **Refusal to Deal:** * Refusing to sell, rent, or negotiate with any person based on a protected characteristic. * Representing that a dwelling is not available when it is available. **Discriminatory Terms and Conditions:** * Offering different terms, conditions, or privileges based on protected class membership. * Requiring larger deposits, higher income thresholds, or additional documentation from members of a protected class. **Steering:** * Directing buyers or renters toward or away from specific neighborhoods based on race, national origin, religion, or other protected characteristics. * Using language or conduct that channels prospective buyers/renters toward or away from areas based on demographic composition. * Steering is illegal under all three frameworks and can result in license revocation. **Discriminatory Advertising:** * Publishing or causing to be published any advertisement that indicates preference, limitation, or discrimination based on protected class. * Applies to all media: print, online, social media, signage, and verbal representations. **Retaliation:** * Retaliating against any person for filing a fair housing complaint, participating in a fair housing investigation, or exercising fair housing rights. *** 6. Advertising Standards [#6-advertising-standards] **General Principle:** All advertising must be neutral with respect to protected classes. Advertising is governed by the Fair Housing Act, NYS Executive Law, NYC Admin Code, and 19 NYCRR 175.25. **Prohibited Language (Examples):** * "Perfect for young professionals" - implies age/familial status preference * "Ideal for couples without children" - familial status violation * "No Section 8" / "No vouchers" / "No DSS" - source of income violation (NYC/Westchester) * "Must speak English" - national origin discrimination * "Christian community" / "Near synagogue" - religion-based steering * Neighborhood descriptions using demographic or ethnic language - steering **Required Practices:** * Use neutral, property-descriptive language in all listing descriptions. * Describe physical attributes of the property, building amenities, and location features without demographic characterization. * Include the Equal Housing Opportunity logo or statement where applicable. * Review all advertising copy for compliance before publication. *** 7. Screening Neutrality Framework [#7-screening-neutrality-framework] **Principle:** Tenant and buyer screening criteria must be applied uniformly and must not function to discriminate against protected classes. **Income Requirements:** * Income thresholds must be applied consistently to all applicants. * When applicants use housing vouchers, the income threshold applies only to the tenant's share of rent, not the full rent amount. * Do not set minimum income requirements that effectively exclude voucher holders. **Credit and Background Checks:** * Use consistent, documented criteria for all applicants. * Criteria must be related to the legitimate business purpose of assessing ability to meet financial obligations. * Blanket policies (e.g., automatic rejection for any criminal history) may violate fair housing law; individualized assessment is required. * The $20 application fee cap (HSTPA 2019) applies to all rental applications in NYS. **Reasonable Accommodation:** * Landlords must consider reasonable accommodation requests from applicants with disabilities. * Requests must be considered individually; blanket refusals are a violation. * Examples: allowing a service or emotional support animal despite a no-pets policy; permitting physical modifications to the unit. * In most cases the tenant pays for physical modifications; NYC rules may differ for larger buildings. *** 8. Documentation and Record Retention [#8-documentation-and-record-retention] **Documentation Requirements:** * Maintain written records of all screening criteria applied. * Document the basis for acceptance or rejection of each applicant using consistent, objective criteria. * Retain copies of all advertising materials. * Retain signed agency disclosure forms (NY DOS Form 1736). * Retain all fair housing training records. **Retention Period:** * Minimum three years for all transaction and screening records. * Advertising records: minimum three years. * Fair housing training records: maintain for duration of employment/affiliation plus three years. * Agency disclosure forms: retain for the duration of the brokerage relationship plus three years. **Audit Trail:** * All applicant screening decisions must be documented with sufficient detail to demonstrate that criteria were applied uniformly. * If an applicant is rejected, the specific, objective reason must be recorded. * Records must be available for review in the event of a fair housing inquiry or complaint. *** LLM SUMMARY ENTRY [#llm-summary-entry] ``` Title: Botway Fair Housing Documentation - New York State and NYC Jurisdiction: New York State / New York City One-Sentence Description: Comprehensive fair housing compliance documentation covering federal, state, and NYC law, with operational frameworks for advertising, screening neutrality, accommodation, and record retention. Core Outcomes Addressed: * Full compliance with Fair Housing Act, NYS Human Rights Law, and NYC Human Rights Law * Elimination of discriminatory practices in advertising, screening, and transactional processing * Lawful source of income compliance for NYC and Westchester County * Consistent, documented screening criteria applied to all applicants * Audit-ready documentation and record retention Primary Frameworks Referenced: * 42 U.S.C. §3604 (Federal Fair Housing Act) * NYS Executive Law §296 (NYS Human Rights Law) * NYC Admin Code §8-107 (NYC Human Rights Law) * HSTPA 2019 (Application fee and security deposit provisions) * 19 NYCRR 175.25 (Advertising compliance) Process Stages Covered: Advertising, Marketing, Application Intake, Screening, Accommodation Review, Approval/Rejection, Documentation, Record Retention Regulatory Overlays (If Mentioned): * NYC Commission on Human Rights enforcement (penalties up to $250,000 for willful violations) * NY DOS disciplinary authority over licensed professionals * NYS Division of Human Rights enforcement * $20 application fee cap (HSTPA 2019) * Individualized assessment requirement for criminal history screening Suggested Internal Links: /ny/compliance/fair-housing-lawful-source-of-income /ny/compliance/agency-disclosure-rpl-443 /ny/operations/advertising-checklist /ny/compliance/advertising-regulations-19-nycrr /templates/ny/tenant-screening-checklist Keywords: fair housing NYC, lawful source of income, Section 8 discrimination, protected classes New York, tenant screening compliance, housing voucher discrimination, steering prohibition, reasonable accommodation, HSTPA 2019, NYC Human Rights Law ``` ***