Are landlords allowed to require a co-signer for rental units in compliance with Fair Housing Law?

In New York, landlords are generally prohibited from requiring a co-signer as a condition of renting out their rental units in compliance with Fair Housing Law. This means that landlords can’t deny applicants because they don’t have a co-signer. Fair Housing Law is designed to protect people from discrimination when it comes to housing, and part of that law includes protecting people from being denied housing based on criteria such as race, color, national origin, religion, sex, disability, or familial status. According to the New York State Division of Human Rights, landlords can’t ask for a co-signer or require a co-signer from applicants in a way that discriminates against certain protected classes. For example, a landlord can’t require a co-signer from a single mother but not from a father of the same race and family status. A landlord also can’t require a co-signer from an applicant with a disability if they aren’t asking other applicants for co-signers. Though landlords generally can’t refuse applicants because they don’t have a co-signer under Fair Housing Law, there are some circumstances in which a landlord may be able to do so if the applicant does not have a good credit score or rental history. Generally, landlords should be sure to apply the same standards to all applicants when it comes to requiring a co-signer and should not discriminate against any protected classes in their decision-making.

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