Going to Housing Court

Most situations considered in Housing Court are not based on discriminatory actions by either the tenant or the landlord and do not require remedy from the Fair Housing protections of the Human Rights Law. But, some can be discriminatory and end up in Housing Court.
  • For example, an owner may refuse a tenant’s Section 8 voucher toward rent payments in violation of the ‘lawful source of income’ protection for the tenant. Then if the owner begins eviction proceedings due to the nonpayment of rent, the owner’s action may be discriminatory.
  • An owner could begin proceedings toward eviction for a tenant who was called into military service in violation of the ‘lawful occupation’ provision of the Human Rights Law.
  • If you are in court for withholding rent payments because an owner has failed to provide services, you may believe that the failure to provide you services is based upon your membership in a protected class (race, creed, etc.). If you are in doubt about how to proceed, you should call the NYC Commission on Human Rights.
  • If an owner has failed to provide repairs to your apartment and you have been withholding rent, you may believe it is because of your national origin in violation of the Human Rights Law.
Frequently Asked Questions
Housing Court Terms

A website of the NYC Commission on Human Rights and the NYC Department of Housing Preservation and Development

Helpful Resources