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Know Your Rights

Several protections under New York State and local laws may apply to the LGBTQ+ community when renting or buying housing.

Sexual Orientation

State and local laws in New York prohibit discrimination in housing based on a person’s actual or perceived sexual orientation. The New York State Human Rights Law defines sexual orientation as “heterosexuality, homosexuality, bisexuality, or asexuality, whether actual or perceived.”

Gender Identity or Expression

New York State also prohibits discrimination in housing based on a person’s gender identity or expression, which means “a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.”

In Suffolk County, fair housing protections based on group identity include gender and sexual orientation. In Nassau County, fair housing protections include actual or perceived gender or sexual orientation.

The New York State Division of Human Rights has published a list of definitions to help in understanding protections based on gender identity or expression. The guidance defines terms including gender non-confirming, non-binary, misgendering and transgender, among others.

Marriage or Partnership Status

New York City has made it illegal to discriminate in housing based on marriage or partnership status.  Suffolk and Nassau Counties also make it illegal to discriminate on the basis of marital status.   

Disability

New York State’s prohibitions against discrimination in housing based on disability can also protect the LGBTQ+ community. Disability includes a person’s HIV/AIDS status as well as gender dysphoria, which is a recognized medical condition related to a person having a gender identity different from the one assigned to them at birth.

Applying the Law

Discrimination in housing against the LGBTQ+ community can take many forms. CNY Fair Housing offers examples to help people renting, selling or buying housing understand their rights. Examples of discrimination based on sexual orientation or gender identify or expression include:

  • Refusing to show a potential buyer houses for sale because the buyer is transgender.
  • Refusing to rent a house to a same-sex couple because they are of the same sex.
  • Showing a transgender person rentals only in LGBTQ+ communities rather than throughout the city as the prospective renter requested.
  • Refusing to refer to a transgender tenant by their preferred name, pronouns or title.
  • Using derogatory terms to harass a non-binary tenant.
  • Refusing to authorize repairs to a tenant’s unit because the tenant is transgender.

Get Help

Several organizations can help members of the LGBTQ+ community who believe they have experienced discrimination in housing: