Complaint Alleged Unlawful Inquiry into Potential Tenants’ Race as well as Unlawful Refusal to Accept Rental Payments from a Housing Subsidy Program 

Respondents Ordered to Pay $16,500 in Fines to the State of New York 

The Division Reminds New Yorkers that the Human Rights Law Prohibits Housing Providers from Discriminating against Tenants Based on their Race or their Lawful Source of Income

The New York State Division of Human Rights today announced a successful complaint brought by the Division against a Nassau County-based real estate brokerage firm, real estate agent, and property owner stemming from unlawful discrimination against a group of prospective tenants based on their skin color and their lawful source of income.

“It is illegal for New Yorkers to be denied their next home because of the color of their skin or their lawful source of income, like a housing subsidy or Social Security payment,” Division of Human Rights Acting Commissioner Denise M. Miranda said. “The Division of Human Rights will continue to stand with and fight for those impacted by housing discrimination, and our work will ensure that real estate brokerage firms, agents, and the housing sector as a whole comply with the New York State Human Rights Law.”

In its complaint, the Division alleged that New Image Realty Corporation—as well as a real estate agent and property co-owner involved in the incident that gave rise to the complaint—unlawfully discriminated against a group of prospective tenants by inquiring about their skin color and refusing to accept their lawful source of income–in this case a housing subsidy provided by a non-profit organization–as a rental payment. Following a public hearing, a final order was issued in this case in February 2025. Pursuant to the order, the respondents are required to participate in training on the New York State Human Rights Law, implement non-discrimination policies that comply with the Human Rights Law, and pay civil fines to the State of New York totaling $16,500.

This case originated in 2019, when representatives of a non-profit organization that provides housing subsidies to its clients contacted a real estate agent who listed an apartment for rent on behalf of New Image Realty Corporation. The agent confirmed that the apartment was available, and representatives of the non-profit organization completed a rental application on behalf of three of their clients. The representatives then visited the apartment for a viewing. During the viewing, the real estate agent asked about the prospective tenants’ skin color and inquired further into a description of the subsidy program. Shortly thereafter, the agent rejected further attempts to move forward with a rental agreement by informing the non-profit organization representatives that the landlord would not accept their subsidy program.

The New York State Human Rights Law prohibits housing providers from asking about the race or color of prospective tenants in any manner that communicates an intention to discriminate or to treat the prospective tenants differently. The Human Rights Law also prohibits housing providers from refusing to rent or lease housing accommodations to people based on their lawful source of income, including housing subsidy programs.

Details of these events were reported to the Division, and the Division Initiated Action Unit filed a complaint against New Image Realty Corporation and several individual people, including the real estate agent who listed the apartment. A subsequent investigation found that probable cause existed to believe that unlawful discrimination had occurred, and the case was referred to the Division’s public hearing process for adjudication. In February 2025, a final order was issued upholding the Division’s complaint against three respondents: New Image Realty Corporation, the real estate agent who listed the apartment on behalf of New Image, and a co-owner of the property that prospective tenants were seeking to rent.

Under the terms of the order, the respondents are required to pay a total of $16,500 in civil fines to the State of New York and cease and desist from discriminatory practices in housing. The order further requires that New Image must: (1) Provide fair housing and anti-discrimination training to all of its employees, real estate agents, real estate brokers, and real estate salespeople; (2) Develop a non-discrimination policy requiring its employees, real estate agents, real estate brokers, and real estate salespeople to comply with the New York State Human Rights Law; and (3) Develop a source of income non-discrimination policy that must be distributed to all of its employees, real estate agents, real estate brokers, and real estate salespeople.

About the New York State Division of Human Rights

The New York State Division of Human Rights is dedicated to eliminating discrimination, remedying injustice, and promoting equal opportunity, access, and dignity.

The Division of Human Rights is empowered by law to investigate and prosecute systematic patterns of discrimination through its Division Initiated Action Unit (DIAU). The DIAU can, upon its own motion, initiate investigations and file complaints alleging violations of the state anti-discrimination law. Individuals can report systemic issues of discrimination by emailing the Division at tips@dhr.ny.gov.

The final order announced today relates to a complaint originally filed by DIAU under its authority to investigate and prosecute issues of systemic discrimination. DIAU cases resolved in 2024 resulted in a total of $67,000 in civil fines paid to the State of New York, in addition to case-specific requirements to ensure respondents’ compliance with the Human Rights Law. Thus far in 2025, DIAU cases have resulted in a total of $37,500 in civil fines paid to the State of New York.

New Yorkers experiencing harassment or discrimination are encouraged to file a complaint with the Division. If you experience any form of hate or bias in NYS, please call 844-NO-2-HATE or use our online submission form for assistance. For more information about the law or to file a complaint, please visit dhr.ny.gov, and follow the Division of Human Rights on social media: Facebook, Instagram, LinkedIn, Threads, X, and YouTube.