Source
of income discrimination is now prohibited in all of New York State as a result
of Governor Cuomo’s signing of the New
York State FY 2020 Budget. The Budget amends the New York
State Human Rights Law or Section
292 of the Executive Law to add and define “lawful source of
income” as a protected class.
The
term “lawful source of income” shall include, but not be limited to, “child support, alimony, foster care
subsidies, income derived from social security, or any form of federal, state,
or local public assistance or housing assistance including, but not limited to,
section 8 vouchers, or any other form of housing assistance payment or credit
whether or not such income or credit is paid or attributed directly to a
landlord, and any other forms of lawful income.” Exec. Law §292(36).
Prior
to Governor Cuomo’s signing of the Budget, source of income discrimination was
already prohibited in New York City, Nassau, Suffolk and Westchester Counties,
among others. It is important to note that as a result of the new law, the
cooperative and condominium exemptions in Westchester County are no longer
applicable.