LGBTQ+? Know Your Housing Rights

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Members of the LGBTQ+ Community:
Learn more about your housing rights!

The experience of a member of the LGBTQ+ community with sexual orientation or gender identity housing discrimination may be covered by the Fair Housing Act. Know your rights.

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LGBT renting in nyc

The federal Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability, and familial status (i.e., presence of children in the household).

 

The Fair Housing Act does not specifically include sexual orientation and gender identity as prohibited bases.

 

However, a lesbian, gay, bisexual, or transgender (LGBT) person’s experience with sexual orientation or gender identity housing discrimination may still be covered by the Fair Housing Act. In addition, housing providers that receive HUD funding, have loans insured by the Federal Housing Administration (FHA), as well as lenders insured by FHA, may be subject to HUD program regulations intended to ensure equal access of LGBT persons.

 

 

Let’s look at a few examples of how Fair Housing laws can provide protection:

 

Example 1: A property manager refuses to rent an apartment to a prospective tenant who is transgender. If the housing denial is because of the prospective tenant’s non-conformity with gender stereotypes, it may constitute illegal discrimination on the basis of sex under the Fair Housing Act.

 

Example 2: A gay man is evicted because his landlord believes he will infect other tenants with HIV/AIDS. That situation may constitute illegal disability discrimination under the Fair Housing Act because the man is perceived to have a disability, HIV/AIDS.

 

Example 3: An underwriter for an FHA insured loan is reviewing an application where two male incomes are being used as the basis for the applicants’ credit worthiness. The underwriter assumes the applicants are a gay couple and, as a result, denies the application despite the applicants’ glowing credentials. This scenario may violate HUD regulations which prohibit FHA-insured lenders from taking actual or perceived sexual orientation into consideration in determining the adequacy of an applicant’s income.

 

 

Being a member of the LGBT community renting in NYC may not always be easy.

 

At Replay Listings, we verify EVERY apartment representative to make sure they comply with a respectful code of ethics geared towards equal opportunity for all. Let Replay Listings, the best apartment finder app, be the key to helping you in finding your next home.

 

Download the app on the Apple Store here.

 

Below is a summary of the HUD LGBT Final Rule of 2012:

 

Through this final rule, HUD implements policy to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status.

 

This rule follows a January 24, 2011, proposed rule, which noted evidence suggesting that lesbian, gay, bisexual, and transgender (LGBT) individuals and families are being arbitrarily excluded from housing opportunities in the private sector.

 

Such information was of special concern to HUD, which, as the Nation’s housing agency, has the unique charge to promote the federal goal of providing decent housing and a suitable living environment for all.

 

It is important not only that HUD ensure that its own programs do not involve discrimination against any individual or family otherwise eligible for HUD-assisted or-insured housing, but that its policies and programs serve as models for an equal housing opportunity.

 

Fair Housing Act

 

The Fair Housing Act prohibits housing discrimination on the basis of race, color, national origin, religion, sex, familial status, and disability. A person who identifies as LGBTQ who has experienced (or is about to experience) discrimination under any of these bases may file a complaint with HUD. HUD is committed to investigating violations of the Fair Housing Act against all individuals regardless of their sexual orientation or gender identity.

 

 

Here’s a great but lengthy video we found by the HUD (Housing and Urban Development) on understanding and strengthening fair housing for all. If you’re a member of the LGBTQ+ community and are looking to rent an apartment, knowing your rights is important – this video can help.

 

HUD’s regulations requiring equal access to members of the LGBTQ+ community include the following:

 

  • A general equal access provision that requires housing that is funded by HUD or subject to a mortgage insured by the Federal Housing Administration (FHA) to be made available without regard to actual or perceived sexual orientation, gender identity, or marital status.

  • Clarification that the terms “family” and “household” as used in HUD programs include persons, regardless of actual or perceived sexual orientation, gender identity, or marital status.

  • Prohibition on owners and operators of HUD-funded housing or housing insured by FHA from asking about an applicant’s or occupant’s sexual orientation or gender identity for the purpose of determining eligibility or otherwise making housing available.

  • Prohibition on FHA lenders from taking into account actual or perceived sexual orientation or gender identity in determining the adequacy of a potential borrower’s income.

State and Local Additional Protections

 

Many state, city, and county laws specifically include sexual orientation and gender identity as prohibited bases, so all licensed real estate agents need to make sure they are informed and compliant with any possible LGBT violations. 

 

 

If you have a general question or need information about reporting a violation of HUD program regulations or the Fair Housing Act, you can email LGBTFairhousing@hud.gov.

 

 

You can use the following resource to see if your state offers protection to additional classes:
http://www.fairhousingresources.com

 

 

Recent HUD Update Regarding Criminal History

 

On April 4th, 2015, HUD’s Office of General Counsel issued guidance concerning how the Fair Housing Act applies to the use of criminal history by providers or operators of housing and real-estate-related transactions. Specifically, the guidance addresses how the discriminatory effects and disparate treatment methods of proof apply in Fair Housing Act cases in which a housing provider justifies an adverse housing action – such as a refusal to rent or renew a lease – based on an individual’s criminal history.

 

The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unjustified discriminatory effect because of race, national origin, or other protected characteristics. Because of widespread racial and ethnic disparities in the U.S. criminal justice system, criminal history-based restrictions on access to housing are likely disproportionately to burden African Americans and Hispanics.

 

While the Act does not prohibit housing providers from appropriately considering criminal history information when making housing decisions, arbitrary and overbroad criminal history-related bans are likely to lack a legally sufficient justification. Thus, a discriminatory effect resulting from a policy or practice that denies housing to anyone with a prior arrest or any kind of criminal conviction cannot be justified, and therefore such a practice would violate the Fair Housing Act.

 

Policies that exclude persons based on criminal history must be tailored to serve the housing provider’s substantial, legitimate, nondiscriminatory interest and take into consideration such factors as the type of the crime and the length of the time since conviction. Where a policy or practice excludes individuals with only certain types of convictions, a housing provider will still bear the burden of proving that any discriminatory effect caused by such policy or practice is justified. Such a determination must be made on a case-by-case basis.

 

Selective use of criminal history as a pretext for unequal treatment of individuals based on race, national origin, or other protected characteristics violates the Act.

 

In summary, the use of any policy that excludes persons based upon criminal history may be a violation of the Fair Housing Act. When forming a new policy or reviewing a current policy, it is best to consult legal counsel to avoid being in violation, inadvertently or not, of the Fair Housing Act.

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Midtown West, Manhattan

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Tour Midtown West, a Manhattan District in NYC

Learn more about one of New York’s most popular neighborhoods, Midtown West

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Midtown West, Manhattan Neighborhood NYC

 

Midtown West is a large area of Manhattan that ranges from Eighth Ave. to the Hudson River on the East to West Boundaries and 59th St. to 34th St. on the North to South boundaries.

 

Similar to other commercial areas in NYC, Midtown West was slow to see residential development due to its gritty nature and far west reach.

 

Midtown West is an emerging residential neighborhood that developers and small businesses alike are transforming into a 24-hour neighborhood. Great dining, affordable apartments, and a low-key vibe have become defining elements of the neighborhood.

 

Due to its eclectic, no-frills vibe, Midtown West is home to performance artists, professionals, and long-time residents, if you live here you’ll be part of the continued neighborhood change.

 

 

 

Let Replay Listings, the best apartment finder app, be the key to helping you with your Midtown West apartment listings and finding your next home!

Let Replay Listings, the best apartment finder app, be the key to helping you with your West Village apartment listings and finding your next home! 

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Roughy 140,247 people call Midtown West home. A traditionally very gritty, commercial neighborhood, the Midtown West has become known for its laid-back vibe, affordable apartments, eclectic dining, and new luxury residential development.

 

The Midtown West historically is recognized as a low-key, gritty commercial district, currently, it has become the epicenter for some iconic, luxury real estate developments. According to the US Census Report of 2016, its current residents are 15% Latino, 61% White, and 16% Asian.

 

The vast majority of families and residents live in multifamily housing, more specifically, 90% live in housing with 10 or more units in a 3.1 square miles radi.

 

In addition, 30% of housing is two bedroom apartments and three bedroom apartments. This supports a population density of 45,240 people per square mile, compared to NYC at 30,000 people per square mile or roughly, 1.5 times more densely populated than Manhattan. Midtown West density is what provides for a culturally rich and lively environment. In addition, its mix of studio apartment rentals, 1 bedroom apartment rentals, 2 bedroom apartment rentals, and 3 bedroom apartment rentals support a diverse, thriving community.

We currently do not have a video tour for Midtown West. However, check out the video below, which will tour you through the Chelsea neighborhood (South of Midtown West) with our partner James Marcolin.

In addition, Midtown West is home to iconic buildings, world-class real estate developments, and cutting-edge dining. The Atelier is a 46-story glass condominium tower located at 635 West 42nd Street offering some of the finest luxury apartments for sale in Clinton.

 

The condominiums at The Atelier embody the best of Manhattan luxury living, with spacious floor plans, quality finishes, and state-of-the-art kitchens and baths. This timely design, conceived of by American designer Costas Kondylis, represents Midtown West that is low-key with a strong sense of modern features and elements.

 

In addition, Midtown West is home to world-class dining, spearheaded by celebrity chefs such as Tom Colicchio, Bobby Flay and Daniel Boulud. In addition, Midtown West also offers convenient access to the High Line, an elevated, linear green park that was transformed from an abandoned rail yard.

 

The park extends from Gansevoort Street to 34th Street. At 30th Street the elevated tracks turn west around the Hudson Yards Redevelopment Project to the Jacob K. Javits Convention Center on 34th Street, the northern section is expected to be integrated with the Hudson Yards development and the Hudson Park and Boulevard.

 

Find your next, luxury apartment for rent in Manhattan, overlooking one of these timeless landmarks today! 

 

Continually, Midtown West has become defined by change, yet its committed to being an entertainment hub. On September 14, 2017, Crains published an article profiling Midtown West massive indie theater development. The article states, “Landmark Theatres—billionaire Mark Cuban and Todd Wagner’s Los Angeles-based movie chain—is opening a sprawling eight-theater complex on W. 57th Street between 11th and 12th Avenues on Sept. 15. The 30,000-square-foot complex is in the retail portion of the Durst Organization’s 32-story, 709-unit mixed-use building designed by Danish architect Bjarke Ingel. “We are creating a new destination for cinema,” said Ted Mundorff, president and chief executive of Landmark Theatres. “Today more than ever, audiences have discriminating tastes and high expectations. We take great pride in our customer service and delivering the best in film and are confident we will exceed our customers’ demands.”

 

 

 

 

More About Replay Listings:

 

Replay Listings is the best apartment search app for manhattan apartments for rent. Our rental listings are updated daily and instantly to reflect any changes.

 

Agents shoot up to 60-second in-app videos of the studio apartment that are shown completely raw and in their purest form — totally unedited and filmed through the app, so the apartment cannot be manipulated in any way.

 

You can also favorite a number of apartments if you’re looking to compare between different areas, such as Midtown West District and Murray Hill. Once you find a place you like, you can get in touch with an agent right away and find your home.

 

Find your next home in Upper Manhattan, now. Whether you are looking for a studio bedroom in Midtown East, a 1 bedroom for rent in Upper Manhattan, or a 3 bedroom in East Harlem, Replay Listings offers a variety of neighborhoods and NYC apartments that fits your needs. 

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Renting an Apartment in NYC – Podcast Episode 24 “Comparing Tenant Rights: New York VS Sydney”

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Renting an Apartment in New York City

A Podcast by Replay Listings

Episode 24: Comparing Tenant Rights Between New York City and Sydney, Australia.

 

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In this Episode N. 24 of the Podcast Renting an Apartment in New York City, created by Replay Listings, Cofounder of Dwell Nicely, Eleanor Meireles shares some insight on the different approaches and regulations when it comes to tenant rights in New York City VS Sydney, Australia.

 

Listen to Episode N.24 of this podcast on:

 

Learn more about the most popular New York City neighborhoods

 

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types of apartment layouts in NYC

Types of Apartment Layouts in NYC

When searching for a new rental on Replay Listings, you’ll come across a whole new vocabulary of different types of New York City apartments. Many of these apartment types are exclusive to New York City rentals, such as “Convertible”. Because the names might be confusing and misleading, we’ve compiled a list of the many apartment types that every New York City renter should be familiar with.

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Yousaf Rehman is Agent of the Month

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Meet Yousaf Rehman

Real Estate Agent in NYC Yousaf Rehman
Yousaf Rehman, Real Estate Agent in NYC

Replay Listings Veteran Agent of the Month

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Meet Yousaf Rehman, Replay Listings’ Agent of the Month.

 

Yousaf’s knowledge of neighborhoods, relationships with landlords, and building management companies give him an edge when helping clients buy, sell, or rent around the city.

 

His extensive background in retail businesses makes him adept at preparing buyers for the associated costs, including a discussion of their credit profile, financial situation, and tax benefits of homeownership.

 

When it comes to working with a Real Estate Agent in New York City, Yousaf brings his expertise and knowledge to help you find your dream home!

 

 

 

Rodolfo Delgado, Replay Listings CEO, on Yousaf:

 

I’ve known Yousaf for over four years now. I know him at work and I know him outside of work.

 

At work, Yousaf is an incredibly ethical and disciplined real estate agent. He is also honest, direct, and experienced – which is why so many of his clients enjoy working with him so much.

 

Outside of work, Yousaf is a great friend. He has a great sense of humor and always knows the best spots around.

 

 

 

 

More About Yousaf Rehman

Yousaf’s attention to detail has enabled him to grow with his clients, helping many of his former rental clients buy a home.

 

Outside of work, Yousaf enjoys a healthy lifestyle and is a member of the USA Racquetball Association.

 

 

Most Recent Testimonial

 

“Yousaf was amazing to work with! We looked for an apartment during covid, and were worried about renting without seeing it in person. Not only did he facetime us in, show us all the specs, and send photos and videos afterwards, he went out of his way to show us other units in the nearby area until we found our perfect match! We are so excited about the unit he found for us, and it checked every box!”
January 2021

– Mullaney

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types of apartment layouts in NYC
Renting in NYC

Types of Apartment Layouts in NYC

When searching for a new rental on Replay Listings, you’ll come across a whole new vocabulary of different types of New York City apartments. Many of these apartment types are exclusive to New York City rentals, such as “Convertible”. Because the names might be confusing and misleading, we’ve compiled a list of the many apartment types that every New York City renter should be familiar with.

Read More »

 

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Landlords Concession Update – May 2021

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NYC Landlord Concession Update

May 2021

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Update of concessions by some landlords in Manhattan
Want us to add a landlord to our monthly update list? Let us know!

Continues to provide up to FOUR months free on a selected number of apartment listings.
 
Has a promo of  1 month OP and up to 2 months free or a maximum of 3 months free on a 12-month lease, depending on the listed property.
 
Continues with their usual offer:  2 months free on all new leases.
 
Previously offered 2 months free on all new leases.
Now, they offer one month free on all the new leases for most of the listings with some properties offering up to two months free.
 
Centennial Properties (9300 Realty)
Continues with “Two months free with a 12-month lease” offer.
 
 

We want to expand our list of landlords!

 

We’re a community and believe in sharing information to grow together.

If you know any landlord information (such as concessions being offered) that may help others, please let us know by replying to this email, and we’ll make sure to include that in our next update.

 

The information provided in this email was gathered directly from each landlord’s website, email blast, newsletters, or other forms of communication and may be outdated. Please verify any information before taking further action.

 

We look forward to continuing to grow your business.

 

-Team Replay Listings


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types of apartment layouts in NYC
Renting in NYC

Types of Apartment Layouts in NYC

When searching for a new rental on Replay Listings, you’ll come across a whole new vocabulary of different types of New York City apartments. Many of these apartment types are exclusive to New York City rentals, such as “Convertible”. Because the names might be confusing and misleading, we’ve compiled a list of the many apartment types that every New York City renter should be familiar with.

Read More »

 

We’re committed to bringing more transparency and honesty to the Real Estate Industry.

Download our mobile app and experience your next home through unedited video tours. We’ll see you there!

 

 

Popular Searches

Manhattan Apartments

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Other