ADDABBO, BIAGGI, GAUGHRAN, HARCKHAM, KAVANAGH, MANNION, MAY
MLTSPNSR
Amd 292, add 295-a, Exec L
Relates to requiring annual fair housing testing; defines fair housing testing; requires the attorney general to conduct yearly fair housing testing to ensure compliance with the human rights law.
STATE OF NEW YORK
________________________________________________________________________
112
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the executive law, in relation to requiring annual fair
housing testing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 292 of the executive law is amended by adding a new
2 subdivision 39 to read as follows:
3 39. The term "fair housing testing" shall mean a covert housing inves-
4 tigation to gather evidence of compliance with this article involving
5 one or more persons who initiate contact with another person or entity
6 for the purpose of comparing how members and non-members of a protected
7 class, as defined by this article, who are otherwise similarly situated
8 are treated. The investigation may also include comparing the observed
9 conduct or business practices to the requirements of fair housing laws
10 and analysis of any publicly available data to identify discriminatory
11 fair housing practices.
12 § 2. The executive law is amended by adding a new section 295-a to
13 read as follows:
14 § 295-a. Fair housing testing. The attorney general shall conduct
15 yearly fair housing testing to ensure compliance with this article. The
16 results of such fair housing testing shall be reported annually to the
17 governor and the legislature, including the number of tests conducted
18 each year, the number of instances of possible discrimination found as a
19 result of such testing, and any resulting enforcement action brought as
20 a result of such testing. The attorney general may contract to a non-
21 profit organization that operates a full-service fair housing program
22 and has expertise in conducting fair housing testing for at least two
23 years to execute any portion or all of the fair housing tests. Any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02063-01-1
S. 112 2
1 organization or individual contracted by the attorney general to perform
2 fair housing testing under this section shall not be precluded from
3 pursuing any and all remedies available under law for any potential
4 discrimination found as a result of fair housing testing done pursuant
5 to this section.
6 § 3. This act shall take effect on the ninetieth day after it shall
7 have become a law.
