Protection for Domestic Violence Victims
In New York State, victims of domestic violence (also called intimate partner violence or family violence) have additional rights. These rights may apply to you as a homeowner or a tenant.
Right Against Discrimination
You have the right not to be discriminated against or treated differently because you are a domestic violence victim.
As a tenant who is a victim of domestic violence, a landlord CANNOT:
- Refuse to rent to you because you are a victim
- Say a property is not available to rent when it is actually available
- Give you different rules than other tenants.
This right also applies to parents of a minor child who is a victim of family violence.
This right does not apply if the landlord lives in the building, and there are only 1 or 2 apartments, or if you are renting a room.
This right against discrimination in housing also applies to the sale or purchase of a property. Property owners and realtors cannot:
- Refuse to sell you a property because you are a victim
- Say a property is not for sale when it actually is
Lenders cannot deny you a mortgage or loan because you are a victim.
What if I think I was discriminated against?
You can sue the person or business who broke the law for damages in civil court. That means they must pay for your losses. If you win, you can also ask them to pay your lawyer’s fees. Instead of court, you may file a complaint with the Division of Human Rights.
You must prove the landlord refused to rent to you because you or the owner refused to sell to you because you are a victim of domestic violence and for no other reason.
Right to End Your Lease Early
To be safe from their abusive partners, victims of domestic violence may need to move out of their apartment before the lease ends. Most leases say that you must pay rent until the end date on the lease even if you end the lease early and move.
But, if you are:
- A domestic violence victim or
- The non-abusive parent of a child who is abused
you have the right to end your lease early without paying for the entire length of the lease. This helps you be safe without added financial costs.
It is against the law for a lease to ask you to give up this right.
There are two (2) ways you can break your lease early to be safe from domestic violence without having to pay future rent.
1. Ask the Court to Break Your Lease
If you already have an order of protection, you can ask the court that gave you the order of protection to let you end the lease early. If there are other tenants, the court may split the lease and let the others stay.
2. Notify your Landlord you are Breaking Your Lease
You can break your lease by telling your landlord. You will not be responsible for getting the abuser to leave. There are very specific requirements to end a lease early.
You have to tell your landlord in writing and other co-tenants (but not the abuser) that you are breaking the lease. You have to include the date you are leaving which must be at least 30 days from the date you give the written notice.
That notice also has to have certain language in it. And, you must provide documentation of the domestic violence.
Your written notice must
- Tell the landlord that you or your child (or other household member) have been victims of domestic violence and the date(s) of the most recent incident(s)
- You need to break the lease because you or your child “reasonably fear staying in the dwelling because of potential further domestic violence”
- You must also give documentation of the domestic violence which may be:
- An order of protection
- A police report
- A record from a health care provider OR
- A verification from law enforcement, court employee, attorney, health care professional, mental health care professional, domestic violence program, or clergy.
A sample notice and verification are available within the law itself at subsection 2(d). You may also be able to find a sample notice on the NYS court website or in NYS courthouses.
My landlord won’t let me end the lease early unless I pay the rest of the rent. What can I do?
You can sue the landlord for damages (money) in court and for the costs of going to court.
What if I have roommates?
If your roommates are not on the lease, they will have to leave when you leave. If the abuser is your roommate, you are not responsible for getting the abuser to leave.
If your roommates are on the lease, they can continue to live there. They will have 30 days to decide if they want to stay or leave.
Right Not to be Evicted Because of Domestic Violence
It is illegal for your landlord to evict you (force you from your rented home) because your partner abused you in your home.
All crime victims have the right to call 911 without facing any penalty in housing. This means that a town or landlord cannot use your calls to 911 as the reason to evict you, refuse to renew your lease, or end your tenancy. You can call 911 as often as you need to.
There are many towns in New York State that have something called “nuisance ordinances.” If police are called to a home a certain number of times within a given period, the property can be considered a nuisance. When police respond to a rental property repeatedly, landlords often decide to evict the tenant. This is illegal.
If you live with someone who is abusing you, the landlord can remove the abuser from the property without evicting you.
Right to Cancel Utilities, Cable, Internet, and Phone Contracts Without Fees or Penalties
Victims of domestic violence who own their home or rent have the right to cancel utility service, cable or satellite, internet, and cell and landline telephone contracts without having to pay a cancellation fee or penalty. You must ask to terminate services in writing attesting to your status as a victim of domestic violence.
You are also allowed to get a new phone number and have your new number remain confidential without having to pay a fee.
Right to Change Your FHA Loan
If you are behind on your mortgage and have an FHA loan, as a victim of domestic violence you may have additional rights for “loss mitigation” options to help save your home from foreclosure. If your abusive partner is a co-borrower, you may be able to apply for loss mitigation without them. Your lender or loan servicer must contact you to start loss mitigation before you are 4 months behind on mortgage payments.
Your lender or loan servicer must tell you if you have an FHA loan. You can find their number on your monthly statement and ask if you have an FHA loan.
For more information please see our foreclosure section and FHA Resources for Homeowners.
Federal Subsidized Housing
If you are behind on your mortgage and have an FHA loan, as a victim of domestic violence you may have additional rights for “loss mitigation” options to help save your home from foreclosure. If your abusive partner is a co-borrower, you may be able to apply for loss mitigation without them. Your lender or loan servicer must contact you to start loss mitigation before you are 4 months behind on mortgage payments.
Your lender or loan servicer must tell you if you have an FHA loan. You can find their number on your monthly statement and ask if you have an FHA loan.
For more information please see our foreclosure section and FHA Resources for Homeowners.