Landlord Can't Deny Apartment to Voucher Tenant Based on Source of Income

A prospective tenant, who was a mother with two children, sued landlord of a Bronx housing complex after landlord denied her an apartment rental application because she didn't earn at least $62,000 per year. The tenant had received a CityFHEPS program voucher from the NYC Dept. of Social Services (DSS) that would cover the full rent. Tenant pointed out that if her income was as high as required by landlord, she would've been ineligible for the FHEPS program assistance. The court ruled for tenant, stating that it was a violation of NYC's Human Rights Law for landlords to deny apartments to applicants because they use government subsidies to pay their rent. The practice constituted source-of-income discrimination.

Olivierre v. Parkchester Preservation Company: Index No. 452058/22, NYLJ No. 1660186663 (Sup. Ct. NY; 7/28/22; Latin, J)[11-pg. document]