Westchester County Human Rights Commission

Section 700.03 of the Westchester County Human Rights Law was amended to require salary transparency in covered job postings. The requirements in this amendment became effective starting on Nov. 6, 2022.

Who is required to comply?
Covered employers are required to include the minimum and maximum salary for any job, promotion or transfer opportunity in a job posting for positions that are required to be performed, in whole or in part, in Westchester County, whether the duties are to be completed in the office, field, or remotely. The posting requirement also applies to labor organizations, employment agencies (regardless of size except as described below), and agents or employees of a covered employer.

Exceptions under the Human Rights Law
This requirement does not apply to a job posting for temporary employment at a temporary help firm as defined in Article 31 of the New York State Labor Law.

What is a job posting?
A job posting includes any written and electronic communications that an employer is recruiting and accepting application for a specific job opportunity. However, for purposes of this section, a “posting” does not include a general “help wanted” sign, affixed to employer’s premises, that does not reference any particular positions.

What does “salary” include?
The stated salary range in a job posting must be based on the employer’s good faith belief at the time the job is posted.

Salary shall include the base annual salary, the hourly wage or rate of pay. For example, a posting may state $15 per hour or an annual salary of $75,000 per year.

Salary does not include other forms of compensation or benefits offered in connection with the advertised position. Employers may choose to include information in the job posting such as the value of health insurance, paid time off, stock options, overtime pay, commissions, severance pay, meals, tips, lodging, employer-provided plans (e.g., 401k plans, pension plans, etc.), but it is not required under this amendment.

Remedies
Violations of this amendment are subject to the remedies and penalties provided in Section 700.11(h) of the Westchester County Human Rights Law.

If you have questions about your rights or obligations under this or any other provision of the Human Rights Law, or would like to file a complaint or send an anonymous tip, contact our office at (914) 995-9500 or by

Please note that the Human Rights Commission cannot provide specific legal advice.

Discriminatory harassment is injury or intimidation, by force or threat of force, that:

• Interferes with a person’s civil or constitutional rights; and
• Is motivated, in whole or in part, by that person’s actual or perceived group identity.

Discriminatory harassment is also damage, defacement or destruction to the real or personal property of a person that:

• Intimidates that person or interferes with that person’s civil or constitutional rights; and
• Is motivated, in whole or in part, by that person’s actual or perceived group identity.

Examples of Discriminatory Harassment
Discriminatory harassment can occur between neighbors or on the street. For example, if a neighbor or someone on the street says to you “go back to your country” and physically assaults you – that could form the basis of a complaint with the Human Rights Commission. It can also include a scenario when your home or personal property are damaged because of your race or religion.
The Westchester County Human Rights Law prohibits discrimination based on 16 protected categories, whether actual or perceived, including: 

How to File a Complaint?
If you have been injured, harmed or your property has been damaged due to your actual or perceived group identity, contact the Human Rights Commission to discuss filing a complaint.

Acts of discriminatory harassment occurring after Dec.7, 2021 are covered by this law. The Human Rights Commission is not a criminal law enforcement agency – if you have been the victim of a crime or your life is in danger, you should call 911 or your local police department first. The Commission does not ask about your immigration status.

Reporting discriminatory harassment is an important first step in ensuring that acts like this do not happen again. Your report can help prevent future abuse and guide the Commission’s efforts to protect your community.

Filing a complaint of Discriminatory Harassment is easy. Call (914) 995-9500 or send an e-mail to the Commission at .

Information sheets are available in the following languages:

• English
• Spanish
• Chinese
• Japanese
• Korean

For additional language translations of this page, use the Google Translate tool at the top of the website.

This general guidance is not binding, is not to be used in any litigation or proceeding, and does not constitute legal advice.

The Westchester County Human Rights Commission is proud to be a part of Fair Street USA presented by the City of White Plains.
You have the right to choose where you want to live free from discrimination. Everyone is protected under Westchester County’s Fair Housing Law.
The Westchester County Human Rights Commission accepts, investigates and adjudicates discrimination complaints.

If you have experienced or witnessed housing discrimination, contact the Westchester County Human Rights Commission at
(914) 995-9500, or email .

Responses to the word bubbles on the Commission’s Fair Street USA home are below.

1. “No Kids!”
   Families with children under 18 and pregnant persons cannot be denied housing. Familial status is protected under the Westchester County Fair Housing Law. Housing providers also cannot impose special requirements or conditions on tenants with custody of children or pregnant persons. Facilities which qualify, however, may be designated as Housing for Older Persons. Contact the Human Rights Commission if you experience or witness housing discrimination.
   
   
2. “U.S. Citizens Only!”
   The Westchester County Fair Housing Law prohibits discrimination based on national origin and citizenship/alienage status. This discrimination can be based either upon the individual’s actual or perceived country of birth, where their ancestors originated from, and/or whether they are U.S. Citizens. Contact the Human Rights Commission if you experience or witness housing discrimination.
   
   
3. “No Section 8 Accepted!”
   Discrimination against individuals with lawful sources of income, including, but not limited to the Housing Choice Voucher program (known as “Section 8”), is prohibited by the Westchester County Fair Housing Law. Housing providers are not permitted to indicate a discriminatory preference for or against an individual, or interfere with their rights, because of their lawful sources of income. Contact the Human Rights Commission if you experience or witness housing discrimination.
   
   
4. “No Dogs. No Exceptions!”
   Dogs and other animals may be necessary as service animals for individuals with disabilities. The Westchester County Fair Housing Law prohibits discrimination on the basis of disability, which includes a failure to provide reasonable accommodations for service animals. Contact the Human Rights Commission if you experience or witness disability discrimination.
   
   
5. “The most common fair housing discrimination complaint is…”
   Disability discrimination remains the number one basis for filed housing discrimination cases nationwide. Contact the Human Rights Commission if you experience or witness disability discrimination in housing.
   
   
6. “A ramp would make the building ugly!”
   It is unlawful under the Westchester County Fair Housing Law for housing providers to deny reasonable accommodations for persons with disabilities. These accommodations may include, among others: features of adaptive design, such as accessible routes through the housing accommodation, widened doors leading into the housing accommodation, and ramps. If a reasonable modification is needed in a common-area space, the housing provider must cover its cost. Contact the Human Rights Commission if you experience or witness housing discrimination.
   
   
7. “Perfect for Single Professionals!”
   The Westchester County Fair Housing Law prohibits discrimination based on marital status, familial status, source of income and disability. The phrase “single professionals” explicitly states a preference based on marital status and familial status (the presence of children under the age of 18) and, therefore, violates the law. It also expresses a preference for “professionals” and impliedly discriminates against people with disabilities who are unable to work. It also implies a limitation against people with certain protected sources of income. Contact the Human Rights Commission if you experience or witness housing discrimination.
   
   
8. “You’re pretty; we can work out ‘another’ way for you to pay rent.”
   Sexual harassment in housing is prohibited by the Westchester County Fair Housing Law. Housing providers, their staff and boards, cannot condition your housing, or any of its facilities or services, on your willingness to engage in an unwanted sexual or romantic relationship. It would also be discriminatory for them to create a hostile and unwelcome environment by subjecting you to sexually harassing behavior. Contact the Human Rights Commission if you experience or witness sexual harassment in housing.
   
   
9. “This might not be the right place for you to live.”
   When real estate agents steer potential homeowners to certain neighborhoods or away from certain neighborhoods based on a protected characteristic, such as race, color, or national origin, they are violating the Westchester County Fair Housing Law. Contact the Human Rights Commission if you experience or witness housing discrimination.
   
   
10. There are 4 million estimated incidents of housing discrimination every year
    That is equal to four times the number of people who live in Westchester County! Housing discrimination often goes undetected and unreported because it is difficult to identify or document. It is common for victims of discrimination to feel that nothing can or will be done about the discrimination they experience and to fear retaliation by their housing provider, landlord, or even neighbors. Only a small fraction of incidents is reported. This figure is an estimate from the National Fair Housing Alliance. Contact the Human Rights Commission if you experience or witness housing discrimination.

The Westchester County Fair Housing Law requires Cooperative Housing Corporations in Westchester County to adhere to certain time frames and report rejections to the Westchester County Human Rights Commission. Effective August 1, 2021, Section 700.21-a of the Westchester County Fair Housing Law was amended to include additional requirements. Review the full language of the amendment.

Application requirements
Applications for the purchase of cooperative shares must include a cover sheet providing notice in 12-point font regarding:

• The protected classes of the Fair Housing Law; and
• The deadlines and requirements imposed by the Fair Housing Law for receipt, review and rejections of application.
• Note that specific required language is detailed in Section 700.21-a of the Fair Housing Law.

Applications must now also disclose:

• The Cooperative Board’s minimum financial qualifications to purchase cooperative shares; or,
• If no such minimum financial qualifications exist, the Cooperative Board’s preferred minimum financial qualifications.

Rejection notice requirements
Cooperative Boards must use the model form promulgated by the Commission to inform applications of their rejection. The rejection notice must contain, among other things, the following information:

• The full legal name and address of the Cooperative
• Names, addresses, and contact information for all persons involved with the sale
• The reason for the rejection

Review the model rejection form

• Model Rejection form
• Example of completed Model Rejection form

Deadlines

• Within 15 days of receiving an application, Cooperative Boards must either acknowledge receipt of a completed application, or notify applicants of any defects, and provide them with an opportunity to correct said defects.
• Once it has received a completed application, Cooperative Boards have 60 days to approve or reject the application.
• Within 15 days of providing a rejection notice to an applicant, Cooperative Boards must send a copy of the rejection notice to the Commission via First Class mail or electronic mail.

 Fair Housing training

• All Cooperative Board members must complete a minimum of two hours of fair housing training every two years.
• New Board members must complete the fair housing training within 60 days of becoming a board member.
• Boards must maintain training records.
• The training must be live and interactive.
• Minimum standards for Fair Housing training
• Minimum requirements for Fair Housing trainers

Non-Compliance fines
Non-compliance with any provision of the Cooperative Housing Disclosure Law may result in the following fines:

• $1,000 for the first offense
• $1,500 for the second offense
• $2,000 for all subsequent offenses

Frequently Asked Questions

The County’s Fair Housing Law (“FHL”) requires cooperative housing corporations that have minimum financial qualification to disclose those qualifications in their applications. Section 700.21-a (A)(2)(b), however, states in relevant part:

If a cooperative housing corporation does not have stated mandatory minimum financial qualifications … the [cooperative must at least disclose its] preferred minimum income, total assets, and credit score, and preferred maximum debt-to-income ratio and percentage of purchase price being financed, noting that these criteria may vary in the discretion of the governing board weighing these factors when it makes a decision on an application. 

The Fair Housing Law is clear that cooperative governing boards have the discretion to weigh the factors which they set.

The hypotheticals below offer general guidance.

• Cooperative “A” lists the following minimum qualifications:
  
  Minimum Income: $75,000
  Total Assets: At least $25,000 in the bank
  Credit Score: Minimum 725
  DTI: Maximum 30.5%
  
  A prospective purchaser submits an application to purchase shares in a cooperative housing corporation. While the applicant’s credit score (i.e., 750) and DTI (i.e., 25%) meet the stated minimum qualifications, the applicant’s annual income falls below $75,000 because the applicant is retired. The applicant’s income of $50,000 consists of monies from a pension and social security benefits. The applicant provides proof that they have $5M in assets ($500,000 in savings and $4.5M in investments.) The Cooperative Board decides that, in this instance, because the applicant’s assets far exceed its asset requirement, it is going to give greater weight to the assets and lower weight to the income requirement. The Cooperative Board approves the application. Absent other information, this would not be a violation of the Fair Housing Law.
  
  

• Again, Cooperative “A”, as above. They have already accepted the applicant as described in the first example. The minimum qualifications remain the same:
  
  
  Minimum Income: $75,000
  Total Assets: At least $25,000 in the bank
  Credit Score: Minimum 725
  DTI: Maximum 30.5%
  
  The applicants this time are a family of four – two husbands and two children. Similar to the applicant in Example 1, their credit scores and combined DTI meet the stated financial criteria but they don’t meet the minimum income requirement. One husband is a stay-at-home parent and the other was an actor. Their income for the prior year was derived purely from royalties in the amount of $60,000. The couple has assets, including $750,000 in savings and $4M in investments. The cooperative board rejects the application based on “insufficient income” even though they have exercised their discretion to waive this requirement for similarly-situated applicants in the past (see the first example). It is possible that this rejection could be viewed as pretextual under the Fair Housing Law, and that the actual basis for rejection was related to a protected characteristic (such as gender, sexual orientation, or familial status). The merits of any claims, however, would depend on the specific information gathered in the investigation.
  
  

• Cooperative “B” lists the following minimum qualifications: Minimum Income: $100,000
  
  Total Assets: At least $100,000 in the bank
  Credit Score: Minimum 750
  DTI: no more than 28.5%

A prospective purchaser submits an application to purchase shares in Cooperative B. He is 24 years old and recently graduated with a Master’s degree. He appears to meet all of the minimum income qualifications. His income is $105,000/year, he has assets totaling $125,000, his credit score is 757, and his DTI is 28%. However, the Board notes that the applicant was evicted on two separate occasions by former landlords within the past five years. While the applicant meets the stated minimum financial criteria, the Board rejects his application because of his history of evictions. Absent other information, this would not constitute a violation of the Fair Housing Law.

The above general guidance (i) is not binding, (ii) is not to be used in any litigation or proceeding, and (iii) does not constitute legal advice. Each case is fact specific.”