East Orange, NJ asked in Landlord - Tenant for New York

Q: Can a landlord deny me a rental because I have a baby? It’s 3 bedrooms 2 bath and they said it’s too small for 3 people

I applied for this place and in the description I mentioned That my fiancé and I have a baby, they responded that it’s “too small” for a 3 person family and that it would be better suited for a single person or a couple. It’s 1400 square feet, 3 bedrooms and 2 bathrooms. She said the management doesn’t want too many people in the house because of their policies and regulations. Is this legal?

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: In NYC landlord's cannot refuse to rent to a prospective tenant because he/she/they have children.

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