The NYC housing market is ever evolving for agents, buyers, and renters alike, with standards and regulations shifting significantly in 2025. At StreetEasy®, we believe consumers deserve free and easy access to real estate listings and information, an agent committed solely to their best interests, and full transparency on fees and their right to negotiate them. For agents, these are the building blocks of a successful practice, and staying informed protects your business and builds trust with clients.

As you navigate the changing market, StreetEasy is your partner in success. Here are some best practices to apply to your business in regards to fair housing, listing transparency, communicating with clients, and keeping up-to-date on the latest laws and regulations.

Table of Contents

    Fair housing fundamentals

    New Yorkers have a right to access housing without discrimination on the basis of a protected class or characteristic. This right is protected by various city, state, and federal laws — most significantly, the federal Fair Housing Act (FHA) of 1968.

    Protected classes

    Under the FHA and a combination of state and city laws (such as New York City and State Human Rights Law), NYC has an extensive list of classes protected from housing discrimination. As such, NYC real estate agents are prohibited from discriminating against these protected classes based on the following characteristics:

    • Age
    • Creed
    • Disability
    • Family status/presence of children
    • Gender (including sexual harassment)
    • Gender identity
    • Immigration or citizenship status
    • Lawful occupation
    • Lawful source of income (including housing vouchers)
    • Marital/partnership status
    • National origin
    • Predisposing genetic characteristics
    • Pregnancy and lactation accommodations
    • Prior arrest or conviction record
    • Race/color
    • Religion/creed
    • Retaliation for opposing unlawful discriminatory practices
    • Sexual orientation
    • Skin color
    • Status as veteran or active military service member
    • Status as victim of domestic violence, stalking, or sex offenses

    What constitutes discriminatory behavior?

    Agents are prohibited from discriminating in the sale or rental of housing on the basis of a person’s status or inclusion in a protected class. The law also prohibits:

    • Redlining: This term is derived from the practice of drawing red lines around certain “undesirable” areas on a map. In practice, it involves denying real estate services based on protected characteristics of those living in the neighborhood, or indirectly denying services by selectively raising prices.
    • Steering: Guiding buyers or renters toward or away from certain neighborhoods or properties based on protected characteristics of the neighborhood or client such as race, national origin, or religion.

    As an NYC real estate agent, the following actions based on a person’s protected class could be considered unlawful discrimination:

    • Refusing to provide your services, negotiate, or rent or sell property to the individual
    • Charging a higher rent, security deposit, or asking price
    • Printing or publishing discriminatory statements or advertisements based on protected characteristics like age or familial status, e.g. “no children,” “adults preferred,” “mature couples only”
    • Making oral statements that are discriminatory in nature, e.g. “We don’t want children on the second floor”
    • Neglecting lawful sources of income, including housing vouchers
    • Falsely representing the availability of a property

    Resources

    Prohibited real estate practices are outlined in §3604 of the FHA. The U.S. Department of Housing and Urban Development (HUD) also provides an overview of housing discrimination under the FHA. For city resources, visit the Fair Housing NYC site. New York State Homes and Community Renewal (HCR) offers a helpful FAQ, training, and other fair housing information.

    Building trust through listing transparency

    Consumers overwhelmingly prefer fair, transparent, and public listings. According to StreetEasy research conducted by The Harris Poll, 1 in 3 NYC sellers who listed their home privately at any point reported experiencing seller’s remorse — more than twice as many as those who only listed publicly. Nearly 9 in 10 NYC sellers also believe limiting access to for-sale home listings to only certain subsets of buyers could lead to discrimination.

    Agents should be prepared to explain listing strategy options (e.g. public vs. private) to sellers and communicate the pros and cons in clear, buyer-centric language. Translating complex listing choices into straightforward, actionable advice differentiates agents as trusted advisors and promotes fair housing access and equitable treatment for all.

    Communicating with clients

    Fair housing starts with communication. Agents should lead with transparency and explain that part of their role is to make sure the client has access to all available options that meet their criteria.

    When working with buyers, be upfront about your services, the value you offer, and your fee structure. Provide a touring agreement to set expectations around representation, compensation, and exclusivity, and when you’re ready to formally work together, introduce a buyer’s agreement. Be sure to clearly explain how commissions work, and always remind the buyer that your fees are negotiable.

    Avoid any language or actions that inadvertently signal unfair preference. The following do’s and don’ts will help you put this into practice.

    Best practices

    • Let the client define their preferences. Ask open-ended questions to avoid steering, such as “What are your top priorities in a neighborhood?”
    • Describe the neighborhood or property itself, not the people who live there or would “fit in.” Stick to the facts — price, layout, nearby transit, amenities, etc. — and avoid making people-based judgements or assumptions.
    • Apply the same qualification standards to everyone. Income, credit, and documentation requirements should be communicated consistently.
    • Consider all lawful sources of income, including housing vouchers.
    • Offer equal support and follow-up. Provide the same level of responsiveness and guidance to all clients.

    What to avoid

    • Filtering listings before presenting them based on assumptions about a client’s family status, background, or other protected characteristics.
    • Pre-judging a client’s likelihood of approval. Let housing providers make decisions based on stated criteria; don’t filter applicants yourself.
    • Changing requirements or expectations, e.g. asking some clients for more documentation than others.
    • Neglecting certain inquiries by responding more slowly (or not at all).
    • Advertising in ways that signal preference. Even subtle phrases like “perfect for singles,” or mentions of nearby places of worship should be avoided.

    Fair housing isn’t just the right thing to do — it’s good business, too. Agents who prioritize transparency and fair housing principles often build trustworthy, long-term relationships and earn repeat clients.

    “I’ve had clients who trusted me to guide them through their first purchase, later their sale, and eventually the purchase of their next home,” Sarah Silva, StreetEasy Expert and licensed real estate salesperson with Brown Harris Stevens, told us. “That kind of trust only comes when people feel informed and never blindsided. I believe my job is to present all the information clearly and honestly so they can make decisions with confidence.”

    Refresh your knowledge and stay up-to-date

    Staying up-to-date on fair housing laws and regulations helps protect your business and strengthen client relationships. Several official sources provide helpful fair housing information, trainings, and policy updates, including:

    • U.S. Department of Housing and Urban Development (HUD) – HUD is the core federal authority enforcing the Fair Housing Act of 1968. HUD Exchange’s Fair Housing and Civil Rights resources include training materials, compliance guidance, and policy updates and interpretations.
    • New York State Homes and Community Renewal (HCR) – HCR’s Fair and Equitable Housing Office (FEHO) offers fair housing training materials, FAQs, and more.
    • New York State Attorney General (NYAG) – The NYAG’s Fair Housing pamphlet gives a plain-language overview of protected classes and the responsibilities of agents, landlords, and lenders.
    • Fair Housing NYC – This city initiative focuses on fair housing education, outreach, and local enforcement awareness. Visit the Fair Housing Materials page for downloadable brochures, posters, and fact sheets.
    • NYC Housing on YouTube – The NYC Department of Housing Preservation & Development (HPD)’s official YouTube channel contains helpful video guides, explainers, webinars, and more.

    Remember that fair housing is an ongoing practice, not a one-time checklist. Revisiting your brokerage’s compliance trainings and internal guidance, individually and with your team, on a regular basis can help ensure your day-to-day approach continues to reflect the latest standards and expectations.

    More fair housing resources from StreetEasy

    StreetEasy is committed to providing NYC agents with the tools, insights, and guidance needed to navigate a constantly evolving market with confidence. Our Latest Industry Standards: Resource Hub for Agents includes content and tools to help you adapt your business for success, as well as resources to share with clients.

    StreetEasy is an assumed name of Zillow, Inc. which has a real estate brokerage license in all 50 states and D.C. See real estate licenses. StreetEasy Concierge team members are real estate licensees, however they are not your agents or providing real estate brokerage services on your behalf. StreetEasy does not intend to interfere with any agency agreement you may have with a real estate professional or solicit your business if you are already under contract to purchase or sell property.