Lawful source of income in New York: Executive Law section 296 for landlords

What does subdivision 5 prohibit?

The housing paragraph lists three acts for an owner, lessee, sub-lessee, assignee or managing agent, or anyone with the right to rent or lease a housing accommodation, or an agent or employee. One is to refuse to sell, rent or lease, or deny or withhold the accommodation, because of the listed traits including lawful source of income, or to represent that a housing accommodation is not available for inspection or rental when it is. The second is to discriminate in the terms, conditions or privileges of the rental or in the furnishing of facilities or services. The third is to print or circulate any statement, advertisement or publication, to use any application form, or to make any record or inquiry that expresses, directly or indirectly, a limitation, specification or discrimination, or any intent to make one.

Is there a separate rule for publicly assisted housing?

Yes. Subdivision 2-a repeats the same three kinds of conduct for the owner or manager of publicly assisted housing accommodations, and adds a ban on written or oral inquiries or records about the listed traits, including lawful source of income, of a person seeking to rent such a unit. If you manage a building with any public assistance, read subdivision 2-a as well as subdivision 5.

What does the exemption cover?

Subdivision 5(a)(4)(i) says the refusal and discrimination provisions do not apply to the rental of a housing accommodation in a building with housing accommodations for no more than two families living independently, if the owner lives in one of them, to restricting the rental of all rooms in a housing accommodation to individuals of the same sex, or to the rental of a room (the text continues beyond what I summarize). Do not assume you are exempt; confirm the exact facts against the full text.

Example a made-up owner lives in a two-family house and rents the other unit. On Monday, November 2, 2026 the owner places a listing. Even if the owner believes the two-family exemption applies, the owner uses a neutral written checklist, leaves any line about type of income out of the ad, and keeps a dated record of the steps. The advertising and application-form language is easier to defend if the exemption turns out not to fit.

How should a New York landlord apply this?

• Delete any listing language that limits applicants by type of income or payment.
• Remove application questions that sort applicants by how they are paid.
• Apply one written income standard, measuring ability to pay the applicant's share.
• Offer identical lease terms, fees and services to all tenants.
• Record each denial reason against a written criterion.

The section I read lists lawful source of income as a protected trait but the text I captured does not define it, and the enforcement provisions of the Human Rights Law are separate. Check the definition and the enforcement sections before acting on a complaint.

Where does DoorKeeping fit?

DoorKeeping keeps your written screening standard, each application, the dates you responded and the reasons in one place, so every applicant gets the same checklist and you can show it. You make the decisions. This is general information, not legal advice: check the current statute, and ask a local attorney if an applicant raises a complaint.

Sources

1. N.Y. Executive Law 296, Unlawful discriminatory practices (New York State Senate), read Oct 30, 2026

Questions

Is lawful source of income protected in New York housing?

Yes. It is a listed trait in the housing provisions of Executive Law 296.

Can a New York application form ask about source of income?

Subdivision 5 bars forms, records and inquiries that express a limitation or discrimination on a listed trait.

Is there an exemption?

A narrow one for owner-occupied buildings of no more than two families and some room rentals (296(5)(a)(4)).