Housing Discrimination Resources
Note: The information below was taken from each agency's websites
Department of Housing and Urban Development
HUD Contact
U.S. Department of Housing and Urban Development
451 7th Street S.W., Washington, DC 20410
Telephone: (202) 708-1112 TTY: (202) 708-1455
http://www.hud.gov/
HUD in New York
http://www.hud.gov/local/index.cfm?state=ny
Complaints
HUD handles complaints in several categories:
http://www.hud.gov/complaints/
Housing discrimination: Federal law prohibits housing discrimination based on your race, color, national origin, religion, sex, family status, or disability. If you have been trying to buy or rent a home or apartment and you believe your rights have been violated, you can file a fair housing complaint.
Bad landlords in federal housing: Hundreds of landlords have been fined and/or debarred from doing business with the federal government as a result of failing to provide safe and decent housing for the poor, while enriching themselves on taxpayer-funded subsidies. Find out how to report a bad landlord.
Manufactured housing: If you have a problem with your manufactured home, learn how to solve the problem.
Land sales: The Interstate Land Sales Full Disclosure Act protects consumers from fraud and abuse when buying or leasing land from developers. If you believe your rights have been violated, you can file a complaint by writing to HUD.
Deceptive contractors: HUD insures loans to help people renovate and repair their homes through a program called Title 1. If you have problems with a contractor who is performing work for you under this program, find out how to report it to HUD.
Fraud, waste, and abuse: If you are aware of fraud, waste, and abuse in HUD programs and operations, report it to HUD's Inspector General Hotline!
Customer Service: HUD strives to provide excellent customer service. Had a great experience with HUD? Didn't get the service that you expected from HUD? We want to know.
You can file a complaint right online!
Or you can call the Housing Discrimination Hotline: 1-800-669-9777.
HUD Offices
New York Regional Office
26 Federal Plaza Suite 3541
New York, NY 10278-0068
SEAN MOSS Regional Director
(212) 264-8000 Fax (212) 264-3068
Albany Field Office
52 Corporate Circle Albany, NY 12203-5121
ROBERT SCOFIELD Field Office Director
(518) 464-4200 Fax (518) 464-4300
Buffalo Field Office
Lafayette Court 2nd Floor 465 Main Street
Buffalo, NY 14203-1780
STEPHEN BANKO Field Office Director(716) 551-5755
Fax (716) 551-5752
Syracuse Field Office
128 E. Jefferson Street Syracuse, NY 13202
FRANK MCKAY Director of Field Operations
(315) 477-0616 Fax (315) 477-0196
HUD Resources
Fair Housing Laws and Presidential Executive Orders
http://www.hud.gov/offices/fheo/FHLaws/index.cfm
Toolkit for Faith-Based and Community Organizations
http://www.hud.gov/local/shared/working/faithbased/iifaithbased.cfm?state=ny
About HUD
http://www.hud.gov/about/index.cfm
HUD Handbooks, Forms and Publications
http://www.hud.gov/offices/adm/handbks_forms/handbooks.cfm
New York City Commission on Human Rights
http://www.ci.nyc.ny.us/html/cchr/home.html
40 Rector Street, New York, NY 10006; (212) 306-7500
Enforces the City's Human Rights Law which prohibits discrimination based on race, creed, color, age, national origin, alienage or citizenship status, gender (including sexual harassment), sexual orientation, status as a victim of domestic violence, disability (including HIV/AIDS relatedconditions), lawful occupation, arrest or conviction record, marital status, family status, and retaliation. The Law prohibits discrimination in employment, housing and public accommodations, as well as bias-related harassment.
NYHRC Housing Discrimination
http://www.ci.nyc.ny.us/html/cchr/html/housing.html
The City Human Rights Law protects residents of most types of housing in New York City against discrimination. If you reside in an apartment building or multiple family dwelling, co-op, condominium, government-assisted housing, or residential hotel, you are covered under the Law. The Law does not extend to residents of two-family houses if the owner or a member of the owner?s family resides in one of the housing accommodations and the available housing accommodation was not advertised. In addition, you are not covered by the Law if you rent a room or rooms in non-government assisted housing where the owner resides.
It is unlawful for landlords, superintendents, building managers, condominium owners, cooperative owners and boards to discriminate in the sale, rental or lease of a housing accommodation or in the provision of services and facilities because of a person?s actual or perceived race, color, national origin, gender (including gender identity), disability, sexual orientation, creed, marital status, alienage or citizenship status, age, lawful occupation, or because children are or may be residing with the person.
Reasonable Accommodation for Persons with Disabilities in Housing
The City Human Rights Law protects the rights of people with disabilities by requiring that landlords, co-ops and condominiums reasonably accommodate the needs of disabled tenants, shareholders or owners. Reasonable accommodation can be structural, such as a ramp at the primary entrance to provide wheelchair access, or installing grab bars in the bathroom. They can also involve policy or rule changes, such as permitting a tenant who is blind or has a psychological disability to have a guide dog or a companion animal, despite a building?s ?no pets? policy. The Law provides guidance in assessing requests for reasonable accommodation, taking into account the nature and cost of the proposed accommodation and the financial resources of the landlord.
The City Human Rights Law also requires the landlord to pay for an accommodation in a common area if it is deemed to be reasonable.
If you have a disability and need an accommodation, you should inform the landlord and identify the type of accommodation you need. You may have to give the landlord a note from your doctor or other health care professional stating that you have a disability and describing the functional limitations that your disability imposes. You do not have to give the landlord your medical records.
Advertising
It is against the law to advertise or to use any form of application for the purchase, rental or lease of a housing accommodation, or to make any inquiry regarding the prospective purchase, rental or lease of a housing accommodation that discriminates against the protected groups.
Lending Practices
The City Human Rights Law also prohibits discriminatory lending practices by any person, bank, trust company, private banker, savings bank, savings and loan association, credit union, investment company, mortgage company, insurance company or any other financial institution or lender when you apply for a loan, mortgage or other financial assistance for construction, repairs or maintenance of your property. It is also against the law for financial institutions to redline, the practice of denying mortgages to prospective purchasers in certain communities.
How to File a Complaint
http://www.ci.nyc.ny.us/html/cchr/html/howto.html
If you believe you have been the victim of discrimination in the City of New York, you may file a complaint with the Law Enforcement Bureau of the City?s Commission on Human Rights, located at 40 Rector Street, 9th Floor, in lower Manhattan or any of our Community Service Centers. The Law requires that the complaint be filed within one year of the last alleged act of discrimination.
You must make an appointment for an Intake interview. Complaints will not be taken at the office without an appointment. To schedule an appointment, please call (212) 306-7450. If you are unable to travel to the Commission?s offices, we will make alternative arrangements.
When you visit the Commission on Human Rights, you will meet with a Human Rights Specialist or a staff attorney. To expedite the interview process, please bring all relevant information covered in the complaint with you such as names, addresses and phone numbers of the people or organizations you are charging and the exact dates of the events.
Processing the Complaint
http://www.ci.nyc.ny.us/html/cchr/html/processing.html
The initial process begins in Intake where an investigator or attorney conducts an interview with you, the complainant. The investigator or attorney will attempt to resolve the situation if appropriate.
INTAKE An investigator or attorney conducts the interview and tries to intervene and resolve the issue before generating a complaint.
COMPLAINT IS FILED
Office of Docketing files and serves the complaint; parties are invited to mediate.
INVESTIGATION Investigator or attorney interviews witnesses, reviews documents. DETERMINATION Probable cause: assignment to an attorney for prosecution. No probable cause: case is dismissed, complainant may appeal to the Commission.
THE HEARING PROCESS Administrative law judge holds a pre-trial conference. If case does not settle, administrative law judge conducts a hearing and issues a Report and Recommendation.
FINAL DECISION AND ORDER The Commission issues a Final Decision and Order. If no liability found: case dismissed. If liability found: relief ordered.
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Possible resolutions
Mediation
Both sides are encouraged to participate in conciliation efforts through the Commission?s mediation program.
Investigation
After a complaint has been filed, a neutral fact-finder, the investigator or attorney, will interview the parties and witnesses, review the respondent?s answer and supporting documentation, issue interrogatories and document requests, and conduct field visits and tests where appropriate. At the conclusion of the investigation, the Commission makes a determination of "probable cause" or "no probable cause." Where there is insufficient evidence to establish that discrimination occurred, the Commission will issue a ?no probable cause? determination and the case will be dismissed. If it receives a ?probable cause? determination, it will be prosecuted.
The Hearing Process
If the parties do not settle at the pre-trial conference, the case will be heard by an administrative law judge of the City?s Office of Administrative Trials and Hearings. After the hearing is completed, the judge will issue a Report and Recommendation.
A panel of Commissioners, appointed to the Commission on Human Rights by the Mayor, will review the administrative law judge?s Report and Recommendation and issue a final Decision and Order.
Remedies
The Commission will exercise its broad remedial powers if it determines that the respondent engaged in unlawful discrimination. Remedies may include requiring the respondent to hire, reinstate or promote a complainant; to compensate the complainant for lost wages; to provide a reasonable accommodation for a complainant?s disability; to rent or sell a housing accommodation to a complainant; and/or compensate a complainant for emotion distress. In addition, the Commission has the power to order respondents to implement anti-discrimination policies or participate in training. Finally, the Commission may impose a civil penalty of up to $100,000 if the Commission finds that the discrimination was the result of a willful or malicious act.
NYHRC Office Locations
Manhattan 40 Rector Street, 10th Floor
New York, NY 10006
(212) 306-5070
Brooklyn 275 Livingston Street, 2nd Floor
Brooklyn, NY 11217
(718) 722-3130
Bronx 1932 Arthur Avenue, Room 203A
Bronx, NY 10457
(718) 579-6900
Queens 136-56 39th Avenue, 3rd Floor
Flushing, NY 11354
(718) 886-6162
Staten Island 60 Bay Street, 7th Floor
Staten Island, NY 10301
(718) 390-8506
Resources
New York City Human Rights Law
http://www.ci.nyc.ny.us/html/cchr/html/toc.html#chapter1
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New York State Division of Human Rights
http://www.nysdhr.com/hist.html
Mission Statement
The New York State Division of Human Rights (the DHR) enforces the Human Rights Law. The Human Rights Law bans discrimination against others based on certain
personal traits. Anyone claiming to have been discriminated against at work, in a place where the public is served (i.e., a restaurant, hotel or doctor's office), or when buying or renting a house or apartment, can file a claim with the Division of Human Rights. The Human Rights law also protects you from discrimination when applying for credit, or when applying for admission to certain schools.
The Division of Human Rights ensures equal opportunity in employment, housing, public accommodation, education and credit. The Division enforces the Human Rights Law, seeking to:
- Promote human rights awareness;
- Prevent and eliminate discrimination;
- Investigate and resolve complaints of illegal discrimination fairly; and
- Develop human rights legislation and policy for the state.
IF YOU FEEL YOU HAVE BEEN DISCRIMINATED AGAINST
? because of your race, creed, color, national origin, sexual orientation, military status, sex, age, marital status, disability or prior arrest or conviction record, or if you believe you have been retaliated against for opposing unlawful discriminatory practices, you may be able to file a complaint with the State Division of Human Rights. The New York State Human Rights Law forbids discrimination in employment, apprenticeship and training; purchase and rental of housing and commercial space; places of public accommodation, resort and amusement; non-sectarian; tax-exempt educational institutions; and all credit transactions.
To File a Complaint
To file a complaint with the Division, you must file within one year of the most recent act of discrimination. The Division of Human Rights maintains conveniently located regional offices throughout the state. (Click here for locations.)
You may file a complaint in person or by mail. The intake officer will use the information you provide to decide if your situation is covered by the Human Rights Law. Among other things, the intake officer will ask you to identify witnesses and comparators. Witnesses are other individuals who saw or heard something that supports your claim of discrimination. Comparators are other individuals who, in a situation similar to yours, were treated the same or differently by the Respondent. *You may file directly in State Court up to three years after the most recent act of discrimination, but you cannot file with both the Division and State Court.
How to file a complaint
http://www.nysdhr.com/complaints.html
Contact the nearest regional office of the Division of Human Rights. There is no filing fee. You may retain private counsel, but it is not necessary. You may file a complaint within one year of the unlawful discriminatory act. When you do:
1. Have names, titles, addresses, and phone numbers of all persons alleged to have discriminated against you.
2. Bring along any documentation that supports the allegation made in your complaint.
3. 3. If possible, supply the correct names and addresses of any witnesses to the alleged act(s) of discrimination.
Investigative Procedure
The regional office will:
1. Receive your complaint of discrimination and notify the respondent(s).
(A respondent is a person or entity about whose action you complain). If you are unable to file a complaint in person, call the office, explain the details, and request that a complaint be prepared and forwarded to you for review and notarized signature.
2. Resolve questionable issues of jurisdiction.
3. If you so request, the Division will forward a copy of your complaint to the Equal Employment Opportunity Commission (EEOC) or the U.S. Department of Housing and Urban Development (HUD).
4. Investigate through appropriate methods (written inquiry, field investigation, investigatory conference, etc.)
5. If appropriate, the Division will attempt to settle the matter through conciliation.
6. If it cannot, the Division will determine whether or not there is probable cause to believe that an act of discrimination has occurred, and will notify you and the respondent(s) in writing.
PROCEDURE FOLLOWING AN INVESTIGATION:
If there is a finding of no probable cause, or lack of jurisdiction, the complainant may appeal to the State Supreme Court within 60 days.
If the determination is one of probable cause, the regional office attempts conciliation as follows:
1. Prepares proposed terms of conciliation
2. If the respondent accepts, the regional office submits an agreement to you. You are allowed up to 15 days to accept or object to the proposed terms of conciliation.
3. If conciliation efforts fail, the case is recommended to public hearing.
PUBLIC HEARING:
1. A Division attorney will represent your case or you may elect to retain outside counsel.
2. A notice of Hearing is issued at least one week in advance. The case may be adjourned only for a good cause.
3. An Administrative Law Judge presides over the hearing. It may last one or more days, not always consecutive.
4. A Proposed Order is prepared and, on request, is sent to the parties for comment.
5. A Commissioner's Order either dismisses the complaint or finds discrimination. In the latter case, it orders the respondent to cease and desist and take appropriate action. The Division may order damages and/or back pay. The Order may be appealed by either party to the State Supreme Court within 60 days.
COMPLIANCE HEARING:
Within one year, the Compliance Investigation Unit checks whether the respondent has complied with the provisions of the Order .
Offices
http://www.nysdhr.com/offices.html
Headquarters
New York State Division of Human Rights
One Fordham Plaza, 4th Floor
Bronx, New York 10458
Telephone No. (718) 741-8400
Albany
New York State Division of Human Rights
Empire State Plaza, Agency Building #2, 18th Floor
Albany, New York 12220
Telephone No. (518) 474-2705
Binghamton
New York State Division of Human Rights
44 Hawley Street, Room 603
Binghamton, New York 13901
Telephone No. (607) 721-8467
Brooklyn
New York State Division of Human Rights
55 Hanson Place, Room 304
Brooklyn, New York 11217
Telephone No. (718) 722-2856
Buffalo
New York State Division of Human Rights
The Walter J. Mahoney State Office Building
65 Court Street, Suite 506
Buffalo, New York 14202
Telephone No. (716) 847-7632
Manhattan
New York State Division of Human Rights
20 Exchange Place, 2nd Floor
New York, New York 10005
Telephone No. (212) 480-2522
New York State Division of Human Rights
Adam Clayton Powel State Office Building
163 West 125th Street, 4th Floor
New York, New York 10027
Telephone No. (212) 961-8650
Long Island
New York State Division of Human Rights
175 Fulton Avenue
Hempstead, New York 11550
Telephone No. (516) 538-1360
New York State Division of Human Rights
State Office Building, Veterans Memorial Building
Hauppauge, New York 11787
Telephone No. (516) 952-6434
Rochester
New York State Division of Human Rights
One Monroe Square, 259 Monroe Avenue, 3rd Floor
Rochester, New York 14607
Telephone No. (716) 238-8250
Syracuse
New York State Division of Human Rights
333 E. Washington Street, Room 401
Syracuse, New York 13202
Telephone No. (315) 428-4633
Peekskill
New York State Division of Human Rights
8 John Walsh Blvd. Suite 204
Peekskill, New York 10566
Telephone No. (914) 788-8050
Office of Case Review and Special Projects
New York State Division of Human Rights
Office of Case Review and Special Projects
One Fordham Plaza ,4th Floor
Bronx, New York 10458
Telephone No. (718) 741-8400
FAQ
http://www.nysdhr.com/faq.html
What happens after I file my compliant?
Based on the allegations in your complaint, an investigator will conduct a fact-finding investigation. Based on the evidence collected during the investigation, the Division makes a determination of whether there is probable cause to believe that unlawful discrimination took place. A determination of no probable cause will result in the dismissal of your case.
Do I need a Lawyer?
No, you do not need to have a lawyer represent you, however, you may retain one if you wish.
What evidence will I need to support my allegations?
Have the names, titles, addresses, and phone numbers of all persons alleged to have discriminated against you. Bring along any documentation that supports the allegation made in your complaint. If possible, supply the correct names and addresses of any witnesses to the alleged act (s) of discrimination.
Will I be fired when my employer discovers that I filed a complaint with the Division of Human Rights?
The Division of Human Rights views retaliation as a separate act of discrimination. Retaliating against individuals who complain of unlawful acts, or who testify or assist in any proceeding under the Law, is unlawful. Under the Human Rights Law, complainants and their witnesses are protected against retaliation.
Is my boss required to provide me a flexible work schedule as a reasonable accommodation?
If you need an accommodation because of a disability, your employer may be required to provide you one. The purpose of the reasonable accommodation is to allow you to complete the essential tasks of your job in a reasonable manner. You or your doctor may make suggestions, but you are not entitled to demand a specific accommodation. It is important to remember that what is considered reasonable varies from employer to employer - what is required of a large corporation as a reasonable accommodation may not be required of a smaller business. For further information, please refer to the New York State Division of Human Rights Reasonable Accomodation Law and Regulations available on our website.
I'm an employer who has had a lot of trouble with a female Hispanic worker. Is it true that I can't fire her without breaking the law?
Discrimination law is concerned with the motivation behind an action. A termination is unlawful under the Human Rights Law if it is executed because of an employee's race, color, creed, or other characteristic protected under the law. Your business should have written guidelines regarding termination, and those guidelines should be applied consistently with all employees. If they are not applied uniformly, it could be perceived that your actions were prompted by a discriminatory motive.
Can an employer ask about an applicant's medical history during a job interview?
It is unlawful for an employer to ask specific questions about an applicant's health or health history during a pre-employment interview. An employer may describe the job duties of the position, and ask if the applicant can perform them in a reasonable manner. If health questions are addressed in the pre-employment interview, and then the job is not offered, an applicant may have the grounds to file a complaint of unlawful discrimination. It is not necessary to hire or retain employees who are unable to perform the essential duties of the job in a reasonable manner.
Can I file a complaint with both the Equal Employment Opportunity Commission and the State Division of Human Rights?
The U. S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws that apply nationwide. The New York State Division of Human Rights (the DHR) enforces the the New York State Human Rights Law, which only
applies to New York State . Both offer slightly different protections in somewhat different
circumstances. However, some complaints may be covered by both federal and state laws. If this is true in your situation, you can protect both your state and federal rights by filing one complaint with DHR. This will provide you more options later if you later choose to take your complaint to court.
Resources
New York State Human Right Law
http://www.nysdhr.com/hrlaw.html
Fair Housing Guide
http://www.nysdhr.com/fairhousing.html
WHAT'S PROHIBITED
I. In Connection With the Sale, Rental, or Leasing of Housing
The Human Rights Law makes it illegal to discriminate in the sale, rental, or leasing of housing because of a protected characteristic. Specifically, the law makes it illegal to do the following because of a protected characteristic:
Refuse to sell, rent, or lease housing. Example: An owner refuses to sell a home to any Asian- Americans.
Discriminate in the terms, conditions, or privileges in the sale, rental, or leasing of housing. Examples: A landlord requires higher security Deposits from African-American families in connection with renting apartments. A homeowner decides to require a larger down payment from a Latino family in connection with the sale of a home.
Discriminate in providing facilities or services in connection with the sale, rental, or leasing of housing. Example: A landlord refuses to allow Latino children only to play unattended at a playground.
Print or circulate a statement, advertisement, or publication expressing a limitation, specification, or discrimination in the sale, rental, or leasing of housing. Example: A landlord asks all persons who call in response to a housing advertisement "what kind of name" they have.
Use an application for housing that expresses any limitation, specification, or discrimination in the sale, rental, or leasing of housing. Example: A real estate application asks questions about a protected characteristic.
Make any record or inquiry in connection with the prospective purchase, rental, or lease of a housing accommodation that expresses any limitation, specification, or discrimination. Example: A landlord asks whether prospective co-tenants of the opposite sex are married.
Discriminate against a sight- or hearing-impaired person because of his or her use of a guide dog, hearing dog, or service dog.
II. Retaliation, Aiding and Abetting, and Coercion
The Human Rights Law also prohibits participating in discrimination or retaliating against someone for helping to enforce the Law. Specifically, the Law prohibits:
Aiding someone in violating the Human Rights Law. Example: A real estate agent carries out a landlord?s instructions not to rent to single men.
Coercing someone to violate the Human Rights Law. Example: A neighbor threatens a homeowner with physical harm if she sells her home to an African-American family.
Retaliating against someone for opposing housing discrimination, filing a complaint, or testifying or assisting in any enforcement action under the Law. Example: A real estate agency fires an employee for reporting that a landlord refused to rent to her Latino client.
Office of the Attorney General, New York
Albany
State Capitol
Albany, New York 12224-0341
(518) 474-7330
http://www.oag.state.ny.us
Discrimination: What You Should Know
http://www.oag.state.ny.us/civilrights/discrim.html
Discrimination is not always a result of hatred or prejudice. It can also be a result of ignorance, indifference and carelessness. In either case, the result is segregation, exclusion, or the denial of equal treatment.
As the state official with principal responsibility for safeguarding the civil rights of all New Yorkers, one of the Attorney General's duties is to enforce the State's anti-discrimination laws. Combatting intolerance and bigotry based on race, sex, religion, color, national origin, age, marital status and disability is the mission of the Civil Rights Bureau. Using federal and state civil rights laws, the Bureau investigates and litigates complaints of illegal discriminatory practices in employment, housing, credit, education and places of public accommodation.
The Attorney General is authorized to handle cases that affect large numbers or "classes" of citizens. In cases which do not involve a widespread pattern of discrimination against a large number of people, but where one or two individuals are involved, there are other enforcement agencies available to New Yorkers, such as the New York State Division of Human Rights.
If you believe that you are a victim of discrimination, you may contact the Civil Rights Bureau at 120 Broadway, 23rd Floor, New York, NY 10271, (212)416-8250.
Civil Rights Matters
Attorney Generals office
CIVIL RIGHTS
120 Broadway
New York, New York 10271
(212) 416-8250
The Civil Rights Bureau enforces laws prohibiting discrimination on the basis of race, color, national origin, sex, religion, age, marital status or disability. Using federal and state civil rights laws, the Bureau investigates and litigates complaints alleging a pattern and practice or policy of unlawful discrimination in employment, housing, credit, education and places of public accommodation.
Civil Rights Complaints
Eliot Spitzer
Attorney General
State Of New York
Civil Rights Bureau
120 Broadway, Suite 23-160
New York, NY 10271
(212) 416-8250
http://www.oag.state.ny.us/complaints/complaints.html
Offices
Albany
State Capitol
Albany, New York 12224-0341
(518) 474-7330
Binghamton
44 Hawley Street - 17th Floor
Binghamton, New York 13901
(607) 721-8778
Buffalo
Statler Towers
7 Delaware Avenue
Buffalo, New York 14202-3473
(716) 853-8400
Harlem
163 West 125th Street
New York, NY
