Shut The Door On Fear And Seek Legal Representation For Housing Discrimination Claims

No one wants to be told where they can or cannot live. Housing discrimination denies people the freedom to choose their neighborhood when they are denied the sale, rental or financing for an apartment or home on the basis of a protected characteristic such as gender, race, national origin, sexual orientation, disability, age or marital status.

Such discrimination is illegal under many laws, both state and federal. At Gould & Berg, LLP, our attorneys, Jane B. Gould and Kim P. Berg, have decades of experience representing clients in civil rights, discrimination and retaliation litigation. Both have been admitted to practice in state, federal and appellate courts, including the U.S. Supreme Court. Our firm represents both plaintiffs and defendants in housing discrimination claims, giving us a comprehensive view of housing claims and experience in predicting opposing counsel’s next move.

New York State And Federal Laws Impacting Housing Rights

Renters and potential homeowners in New York are protected by a network of laws, including the Fair Housing Act (FHA) at the federal level. The FHA, passed in 1968, made it illegal to refuse to rent, sell or finance real estate on the basis of race, color, national origin, religion, sex, disability or familial status. New York later implemented powerful state-level protections that exceeded those of the FHA. Some of these laws included:

• The New York State Human Rights Law (NYSHRL), which provides broader protections than federal law by adding sexual orientation, gender identity, age, military status, and “lawful source of income” (including Section 8) as protected classes
• Housing Stability and Tenant Protection Act of 2019, which made it harder for landlords to raise rents upon vacancy and changed the rules around legal fees and security deposits
• The Good Cause Eviction Law of 2024, which requires landlords to show “good cause” for evictions and limits rent increases, and is mandatory in New York City but only applies in other areas, such as White Plains, if the local government formally opts into the program

Landlords also have rights under federal and state laws. Recently, in the decision of New York v. Commons West, LLC, a New York court addressed the intersection of housing laws and constitutional rights. The court held that the state could not use NYSHRL to compel a landlord to accept Section 8 vouchers. This is because the Section 8 program requires landlords to submit to property inspections that the court found would violate their Fourth Amendment right to be free from unreasonable searches without a warrant

How Can Gould & Berg, LLP, Help Me With A Housing Discrimination Claim?

Our firm approaches housing discrimination litigation by tailoring potential strategies to match your goals. We communicate clearly, so you can make high-stakes decisions fully informed. We also evaluate potential resolutions against their long-term impact on the circumstances of you and your family.

Data analysis is a critical part of building a plaintiff’s case related to housing rights violations. Our attorneys will review housing advertisements, interview former tenants, neighbors and others, and review tenant screening reports to determine patterns of bias. If the discrimination is rooted in disability issues, they may have the property in question inspected for accessibility. Our attorneys can help you determine the best place to file your claim, whether that is the U.S. Department of Housing and Urban Development (HUD), the New York State Division of Human Rights, or filing a lawsuit in civil court.

If you are a landlord or associated with an entity that is facing a housing discrimination claim, our attorneys can evaluate the allegations against you and determine the best course of action to minimize the impact of the claim on your business.

Contact Our Team For Guidance On Housing Discrimination

You have rights under the law, regardless of whether you’ve experienced housing discrimination or been accused of housing discrimination. Call our firm in White Plains at 914-397-1050 to schedule a consultation or reach out online.