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A06922 Summary:

BILL NOA06922
 
SAME ASNo Same As
 
SPONSORTapia
 
COSPNSR
 
MLTSPNSR
 
Add §223-c, Pub Hous L
 
Requires section 8 voucher holders to be provided notice of their legal protections from source of income discrimination; requires online housing platforms operating in the state to display notices of rights against source of income discrimination; makes related provisions; provides for penalties for violations.
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A06922 Text:



 
                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.
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