Brooklyn, NY asked in Landlord - Tenant for New York

Q: Does the landlord have to give a reason why he chose one tenant over another? in NYC

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2 Lawyer Answers
T. Augustus Claus
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A: Landlords in NYC have broad discretion in choosing tenants, and they are not required to disclose their reasons for rejecting an applicant. However, landlords cannot discriminate against applicants based on protected characteristics, such as race, religion, gender, sexual orientation, or disability.

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Steven Warren Smollens agrees with this answer

James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In New York City, a landlord is not legally required to disclose the reasons for choosing one tenant over another. However, the decision must not be based on discrimination against protected classes as outlined by federal, state, and local fair housing laws. If a prospective tenant suspects that the decision was made for discriminatory reasons, they may have grounds to file a complaint with the New York State Division of Human Rights or the NYC Commission on Human Rights. Landlords are advised to have transparent criteria for tenant selection to avoid potential legal issues related to discrimination claims.

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