N.Y. Comp. Codes R. & Regs. tit. 9 § 466.16

Current through Register Vol. 46, No. 45, November 2, 2024

Section 466.16 - Provision of notice regarding discrimination based on lawful source of income

(a) Statutory Authority. Pursuant to N.Y. Executive Law section 295.5, it is a power and a duty of the Division to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions of the N.Y. Executive Law, article 15 (Human Rights Law) and pursuant to New York Executive Law section 170-e, the New York State Division of Human Rights "shall promulgate regulations requiring any state, county, municipal or other governmental entity. . . or any agency or instrumentality of such an entity, and any public or private non-profit entity authorized to administer any public housing program or assistance. . . to ensure that individuals who have applied for and are eligible to receive such assistance, payment, subsidy or credit are informed, in writing, of their rights and remedies available under law, with regard to lawful source of income discrimination...." as such rights are provided for in Human Rights Law sections 296.2 -a and 296.5.

(b) Effective date. The regulation will be effective upon publication of a Notice of Adoption in the New York State Register.

(c) Definitions.

(1) "Public housing program or assistance" shall mean: section eight housing choice vouchers, or any form of federal, state or local government-sponsored housing assistance, payment, subsidy or credit paid to a tenant or applicant for housing, or to a housing provider on behalf of a tenant or applicant for housing. For the avoidance of doubt, this term shall not include project-based rental assistance or housing units that have income-based eligibility restrictions, such as those developed with low-income housing tax credits and public housing units.

(2) "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.

(3) "Housing provider" as referenced in the sample notice shall mean:

(i) "the owner, lessee, sub-lessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accommodation, constructed or to be constructed, or any agent or employee thereof" as set forth in Human Rights Law section 296.5; or

(ii) "the owner, lessee, sub-lessee, assignee, or managing agent of publicly-assisted housing accommodations or other person having the right of ownership or possession of or the right to rent or lease such accommodations" as set forth in Human Rights Law section 296.2 -a.

(4) "Housing" or "housing accommodation" as referenced in the sample notice includes "any building, structure, or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings" as set forth in Human Rights Law section 292.10.

(5) "Publicly-assisted housing accommodations" as referenced in the sample notice shall include:

(i) "public housing" as set forth in Human Rights Law section 292.10(a);

(ii) "housing operated by housing companies under the supervision of the commissioner of housing" as set forth in Human Rights Law section 292.10(b); or

(iii) other publicly-assisted housing as described in Human Rights Law section 292.10(c), (d) and (e).

(d) Actions required by Executive Law section 170-e.

(1) Entities that administer any Public housing program or assistance, as defined in paragraph (1) of subdivision (c) of this section, must provide notice, as provided for in this regulation, to all recipients of Public housing vouchers or assistance in following manner:

(i) For current Public housing program or assistance recipients, within thirty days after the effective date of this regulation.

(ii) For individuals who receive Public housing program or assistance benefits after the effective date of this regulation, upon notification such individual qualifies for the voucher or assistance.

(iii) In writing, and in 14 point or other easily legible font.

(iv) By email, text, electronic messaging system, facsimile, or hardcopy. An electronic communication containing a link to the notice required pursuant to this regulation shall be permissible, provided the communication also contains text to inform the prospective tenant that the link contains information regarding lawful source of income discrimination. The notice must be available for printing and downloading.

(v) Where such communication is in paper form, the notice must be included within such communication..

(vi) May be accomplished by including the notice in or with other written communications routinely provided to voucher or assistance recipients.

(vii) Oral disclosure does not satisfy the requirements imposed by this section.

(viii) "Posting" of the notice either on paper, on a bulletin board, or on an electronic bulletin board or notice area, does not satisfy the requirements imposed by this section.

(2) In addition to the delivery of notice above, all entities that administer housing programs or assistance shall provide notice on all websites created and maintained by such entities by prominently and conspicuously displaying on the homepage of such website a link to the Division's notice as required by this regulation which shall be made available by the Division.

(3) The notice is to advise individuals of their right to nondiscrimination based on lawful source of income in housing pursuant to Human Rights Law section 296.2 -a (publicly-assisted housing) or Human Rights Law section 296.5 (private housing).

(e) Content of the required notice. The following shall be deemed sufficient notice when provided to the individual to be notified.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 466.16

Adopted New York State Register August 17,2022/Volume XLIV, Issue 33, eff. 8/17/2022