Are landlords allowed to reject tenants based on the number of occupants in their household under Fair Housing Law?

Under Fair Housing Law in New York, a landlord is not allowed to reject potential tenants based on the number of occupants in their household. According to the New York State Division of Human Rights (DHR), “[A] landlord cannot refuse to rent to you because of the number of people who will occupy the dwelling. The landlord cannot ask you about the names of the people who will live in the dwelling, or make any inquiries about their marital status, family composition, number, or other characteristics.” The DHR further explains that a landlord is only allowed to set reasonable occupancy standards, which are based on the size of the dwelling. Reasonable occupancy standards are based on the total number of occupants allowed, not the specific number of adults and children. These occupancy requirements must also be the same for every tenant. In addition, a landlord cannot refuse to rent to a tenant simply because they have children. Under the Fair Housing Act, it is illegal to discriminate against any person because of their familial status. In other words, a landlord cannot reject an applicant solely because they have children. In conclusion, landlords are not allowed to reject tenants based on the number of occupants in their household under Fair Housing Law in New York. A landlord is only allowed to set reasonable occupancy standards that apply to all tenants. Furthermore, it is illegal to reject an applicant because of their familial status.

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Are landlords allowed to reject tenants based on the number of occupants in their household under Fair Housing Law?

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