CITY COUNSEL VOTES TO ADD
“SOURCE OF INCOME” AS PROTECTED CLASS

On March 26, 2008, the NYC Council voted to override a mayoral veto of anti-discrimination legislation that prohibited discrimination against tenants based on lawful source of rent payment.  The legislation now protects New York City renters from housing discrimination and supports those with limited incomes to find and maintain affordable housing by maximizing the use of Section 8 vouchers or other forms of governmental rent payments in the city.

The City Council acknowledged that small landlords may have difficulty with the administrative burden caused by the Section 8 program and as a result, the legislation exempts landlords who own 5 or fewer units; however, rent control tenants who reside in these small properties would come under the protection of the law.  The law applies to all housing accommodations regardless of the number of units in each, of any one who owns at least one property of 6 or more units.

A study released in April of 2007 revealed that of 122 available studios and 1-bedroom apartments within Section 8 limits listed on Craig’s List, The Daily News and The New York Times, only 16 of the owners surveyed indicated they would accept Section 8 vouchers.  It must now be understood that any and all landlords of buildings of 6 units or more are obligated to accept Section 8 vouchers so long as the individual applicant is qualified to pay the rent as requested by the landlord.  Furthermore, any rent controlled tenants in units under 6 families are also covered by this legislation.

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