New York 2025-2026 Regular Session

New York Assembly Bill A06922 Latest Draft

Bill / Introduced Version Filed 03/18/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 6922 2025-2026 Regular Sessions  IN ASSEMBLY March 18, 2025 ___________ Introduced by M. of A. TAPIA -- read once and referred to the Committee on Housing AN ACT to amend the public housing law, in relation to enacting the "fair housing and source of income discrimination awareness act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "fair housing and source of income discrimination awareness act". 3 § 2. Legislative findings and intent. The legislature finds and 4 declares that discrimination based on lawful sources of income, includ- 5 ing but not limited to housing vouchers, subsidies, and other forms of 6 government assistance, continues to be a barrier to fair housing. To 7 ensure that all applicants are aware of their rights and have the neces- 8 sary resources to address discrimination, this act mandates that real 9 estate brokers, real estate agents, property owners, landlords, and 10 online housing platforms provide formal notice to applicants regarding 11 protections against source of income discrimination. Additionally, 12 voucher providers shall be required to supply recipients with informa- 13 tion on advocacy organizations and reporting mechanisms for discrimina- 14 tory practices. 15 § 3. The public housing law is amended by adding a new section 223-c 16 to read as follows: 17 § 223-c. Source of housing discrimination awareness. 1. For the 18 purposes of this section, the following terms shall have the following 19 meanings: 20 (a) "Division" means the division of housing and community renewal. 21 (b) "Formal notice" means a document developed by the division outlin- 22 ing voucher holder's rights under state and local laws regarding source 23 of income discrimination. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10873-01-5 

 A. 6922 2 1 (c) "Online housing platform" shall mean any website, application, or 2 digital service that facilitates the advertisement, listing, or rental 3 of housing accommodations within the state. 4 (d) "Real estate broker" shall have the same meaning as defined by 5 section four hundred forty of the real property law. 6 (e) "Real estate agent" shall have the same meaning as the term 7 "agent" as defined by section four hundred forty-three of the real prop- 8 erty law. 9 (f) "Source of income discrimination" means the unlawful refusal to 10 rent, lease, or otherwise deny housing opportunities based on an indi- 11 vidual's lawful source of income, as prohibited under paragraph (a) of 12 subdivision five of section two hundred ninety-six of the executive law. 13 (g) "Voucher" means rental assistance administered by a voucher 14 provider pursuant to the federal department of housing and urban devel- 15 opment's section eight housing choice voucher program. 16 (h) "Voucher holder" means a recipient of vouchers. 17 (i) "Voucher provider" means a "public housing agency" as such term is 18 defined by 42 USC § 1437a(b)(6), authorized to administer vouchers in 19 the state. 20 2. All real estate brokers, real estate agents, landlords, and proper- 21 ty management companies shall provide every prospective tenant or appli- 22 cant who is a voucher holder with a formal notice, as shall be developed 23 by the division, explaining their rights against source of income 24 discrimination. Such prospective tenants and applicants shall sign an 25 acknowledgment of receipt of such notice, which may be in digital or 26 paper form. If such prospective tenant or applicant refuses to sign such 27 acknowledgment, the real estate broker, real estate agent, or landlord 28 shall document that such notice was provided. 29 3. (a) Any online housing platform operating within the state shall 30 prominently display a notice informing prospective tenants of their 31 rights as voucher holders. Such notice shall be visible on all rental 32 listing pages and include information about how to report suspected 33 discrimination. 34 (b) Online platforms shall require all property owners, landlords, 35 real estate agents, and real estate brokers posting listings to affirm 36 that they are aware of and shall comply with all state and local laws 37 prohibiting source of income discrimination. 38 4. All voucher providers shall: 39 (a) provide voucher holders with hotline or other contact information 40 for organizations that offer advocacy, legal assistance, and guidance 41 for individuals facing source of income discrimination; 42 (b) inform voucher holders of best practices for documenting potential 43 discriminatory behavior, including maintaining written records of commu- 44 nications, saving advertisements, and recording interactions with land- 45 lords, real estate agents, and real estate brokers; and 46 (c) supply voucher holders with the appropriate contact information 47 for reporting discrimination, including the division, the division of 48 human rights, local enforcement agencies, and non-profits. 49 5. (a) Failure to provide a required notice under subdivision two or 50 three of this section, or hotline or other contact information or recom- 51 mendations for best practices under subdivision four of this section, 52 shall constitute a violation of this section and shall be grounds for a 53 voucher holder to file a complaint with the division or division of 54 human rights. 55 (b) Any real estate broker, real estate agent, landlord, property 56 management company, or online housing platform found to have violated 

 A. 6922 3 1 any provision of this section may be subject to civil penalties, includ- 2 ing fines up to two hundred fifty thousand dollars per violation, as 3 determined by the appropriate enforcement agency. 4 6. The division and the division of human rights shall promulgate any 5 rules and/or regulations necessary to effectuate the provisions of this 6 section. 7 § 4. This act shall take effect on the ninetieth day after it shall 8 have become a law. Effective immediately, the addition, amendment and/or 9 repeal of any rule or regulation necessary for the implementation of 10 this act on its effective date are authorized to be made, including by 11 emergency, and completed on or before such effective date.