Westchester County, New York Discrimination Law Update
On June 14, 2010, the Westchester County Board of Legislators passed legislation that would prohibit discrimination on the basis of "source of income" under Westchester County's Fair Housing Law. Westchester County joins other jurisdictions including New York City, New Jersey, and Nassau County that also prohibit discrimination based on an individual's "Source of Income." Source of Income would include any legal, verifiable income derived from social security, or any form of federal, state or local public assistance or housing assistance, including the federal housing subsidy known as "Section 8" but it specifically excludes alimony, court ordered payments, gifts and inheritances. For years, section 8 voucher holders, including senior citizens and members of the disabled community, were unable to find suitable housing. This is a victory for advocates fighting against housing discrimination. Similar to discrimination in the employment context, housing discrimination is simply wrong. Our discrimination attorneys have protected victims of employment and housing matters and assisted individuals in obtaining reasonable accommodations.
That being said, the new law, provided it is signed by Westchester County Executive Robert P. Astorino, does not apply to every landlord. The law specifically exempts cooperative apartments, condominiums and small buildings with four or fewer apartments. A landlord can still use his or her reasonable business judgment to reject a tenant who receives Section 8 or other government assistance provided that the landlord's denial is based on other factors (example: credit history and criminal background) and not just the fact that the prospective tenant receives governmental assistance. The law will expire in five years unless further action is taken by the legislators.
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