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S08452 Summary:

BILL NOS08452
 
SAME ASNo Same As
 
SPONSORPARKER
 
COSPNSR
 
MLTSPNSR
 
Amd §§291, 296 & 295, Exec L; add §227-g, amd §233, RP L; add §397-c, Gen Bus L; amd §18-c, Civ Rts L
 
Enacts the regulating equality in neighborhood tenancy act; prohibits discrimination in housing based on credit scores.
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S08452 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8452
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      July 9, 2025
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the executive law, the real property  law,  the  general
          business  law  and  the  civil rights law, in relation to enacting the
          "regulating equality in neighborhood tenancy" act to prohibit discrim-
          ination in housing based on credit scores
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the "regulating
     2  equality in neighborhood tenancy" act.
     3    §  2. Subdivision 2 of section 291 of the executive law, as amended by
     4  chapter 8 of the laws of 2019, is amended to read as follows:
     5    2. The opportunity to obtain education, the use of  places  of  public
     6  accommodation  and  the ownership, use and occupancy of housing accommo-
     7  dations and commercial space  without  discrimination  because  of  age,
     8  race, creed, color, national origin, sexual orientation, gender identity
     9  or expression, military status, sex, marital status, [or] disability, or
    10  credit  score,  as  specified  in section two hundred ninety-six of this
    11  article, is hereby recognized as and declared to be a civil right.
    12    § 3. Paragraphs (a), (b), (c), and (c-1) of subdivision 2-a of section
    13  296 of the executive law, as separately amended by chapters 202 and  748
    14  of the laws of 2022, are amended to read as follows:
    15    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
    16  hold from any person or group of  persons  such  housing  accommodations
    17  because of the race, creed, color, disability, national origin, citizen-
    18  ship  or  immigration  status,  sexual  orientation,  gender identity or
    19  expression, military status, age,  sex,  marital  status,  status  as  a
    20  victim  of  domestic  violence,  lawful  source of income [or], familial
    21  status or credit score of such person or persons, or to  represent  that
    22  any housing accommodation or land is not available for inspection, sale,
    23  rental or lease when in fact it is so available.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13439-01-5

        S. 8452                             2
 
     1    (b)  To  discriminate against any person because of [his or her] their
     2  race, creed, color, disability, national origin,  citizenship  or  immi-
     3  gration status, sexual orientation, gender identity or expression, mili-
     4  tary  status,  age,  sex, marital status, status as a victim of domestic
     5  violence,  lawful source of income [or], familial status or credit score
     6  in the terms, conditions or privileges of any publicly-assisted  housing
     7  accommodations  or  in  the  furnishing  of  facilities  or  services in
     8  connection therewith.
     9    (c) To cause to be made any written or oral inquiry or record concern-
    10  ing the race, creed, color, disability, national origin, citizenship  or
    11  immigration  status,  sexual orientation, gender identity or expression,
    12  membership in the reserve armed forces of the United States  or  in  the
    13  organized  militia  of  the state, age, sex, marital status, status as a
    14  victim of domestic violence, lawful  source  of  income  [or],  familial
    15  status  or credit score of a person seeking to rent or lease any public-
    16  ly-assisted housing accommodation; provided, however,  that  nothing  in
    17  this  subdivision shall prohibit a member of the reserve armed forces of
    18  the United States or in the organized militia of the state  from  volun-
    19  tarily disclosing such membership.
    20    (c-1)  To  print or circulate or cause to be printed or circulated any
    21  statement, advertisement or publication, or to use any form of  applica-
    22  tion  for the purchase, rental or lease of such housing accommodation or
    23  to make any  record  or  inquiry  in  connection  with  the  prospective
    24  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    25  expresses, directly or  indirectly,  any  limitation,  specification  or
    26  discrimination as to race, creed, color, national origin, citizenship or
    27  immigration  status,  sexual orientation, gender identity or expression,
    28  military status, sex, age,  disability,  marital  status,  status  as  a
    29  victim  of  domestic  violence,  lawful  source of income [or], familial
    30  status or credit score, or any intent to make any such limitation, spec-
    31  ification or discrimination.
    32    § 4. Subdivision 3-b of section 296 of the executive law, as separate-
    33  ly amended by chapters 202 and 748 of the laws of 2022,  is  amended  to
    34  read as follows:
    35    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
    36  estate broker, real estate salesperson or employee or agent  thereof  or
    37  any  other  individual, corporation, partnership or organization for the
    38  purpose of inducing a real estate transaction from which any such person
    39  or any of its stockholders or members may benefit financially, to repre-
    40  sent that a change has occurred or will or may occur in the  composition
    41  with  respect  to  race,  creed,  color, national origin, citizenship or
    42  immigration status, sexual orientation, gender identity  or  expression,
    43  military  status, sex, disability, marital status, status as a victim of
    44  domestic violence, [or] familial status or credit score, of  the  owners
    45  or  occupants in the block, neighborhood or area in which the real prop-
    46  erty is located, and to represent, directly  or  indirectly,  that  this
    47  change  will  or  may  result  in undesirable consequences in the block,
    48  neighborhood or area in which the real property  is  located,  including
    49  but not limited to the lowering of property values, an increase in crim-
    50  inal  or anti-social behavior, or a decline in the quality of schools or
    51  other facilities.
    52    § 5. Subdivision 5 of section 296 of the executive law, as  separately
    53  amended  by chapters 202 and 748 of the laws of 2022, is amended to read
    54  as follows:
    55    5. (a) It shall be an unlawful discriminatory practice for the  owner,
    56  lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person

        S. 8452                             3
 
     1  having the right  to  sell,  rent  or  lease  a  housing  accommodation,
     2  constructed or to be constructed, or any agent or employee thereof:
     3    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
     4  from any person or group of persons such a housing accommodation because
     5  of  the  race, creed, color, national origin, citizenship or immigration
     6  status, sexual orientation,  gender  identity  or  expression,  military
     7  status,  sex,  age,  disability,  marital  status, status as a victim of
     8  domestic violence, lawful source of  income  [or],  familial  status  or
     9  credit  score, of such person or persons, or to represent that any hous-
    10  ing accommodation or land is not available for inspection, sale,  rental
    11  or lease when in fact it is so available.
    12    (2)  To discriminate against any person because of race, creed, color,
    13  national origin, citizenship or immigration status, sexual  orientation,
    14  gender  identity  or  expression, military status, sex, age, disability,
    15  marital status, status as a victim of domestic violence,  lawful  source
    16  of  income  [or],  familial status or credit score, in the terms, condi-
    17  tions or privileges of the sale, rental or lease  of  any  such  housing
    18  accommodation  or  in  the  furnishing  of  facilities  or  services  in
    19  connection therewith.
    20    (3) To print or circulate or cause to be  printed  or  circulated  any
    21  statement,  advertisement or publication, or to use any form of applica-
    22  tion for the purchase, rental or lease of such housing accommodation  or
    23  to  make  any  record  or  inquiry  in  connection  with the prospective
    24  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    25  expresses,  directly  or  indirectly,  any  limitation, specification or
    26  discrimination as to race, creed, color, national origin, citizenship or
    27  immigration status, sexual orientation, gender identity  or  expression,
    28  military  status,  sex,  age,  disability,  marital  status, status as a
    29  victim of domestic violence, lawful  source  of  income  [or],  familial
    30  status or credit score, or any intent to make any such limitation, spec-
    31  ification or discrimination.
    32    (4)  (i) The provisions of subparagraphs one and two of this paragraph
    33  shall not apply (1) to the rental of a housing accommodation in a build-
    34  ing which contains housing accommodations for not more than two families
    35  living independently of each other, if the owner resides in one of  such
    36  housing  accommodations,  (2)  to  the  restriction of the rental of all
    37  rooms in a housing accommodation to individuals of the same sex  or  (3)
    38  to  the  rental  of  a room or rooms in a housing accommodation, if such
    39  rental is by the occupant of the housing accommodation or by  the  owner
    40  of  the  housing  accommodation  and  the  owner resides in such housing
    41  accommodation or (4) solely with respect to age and familial  status  to
    42  the  restriction  of the sale, rental or lease of housing accommodations
    43  exclusively to persons sixty-two years of age or older and the spouse of
    44  any such person, or for housing intended and operated for  occupancy  by
    45  at least one person fifty-five years of age or older per unit. In deter-
    46  mining whether housing is intended and operated for occupancy by persons
    47  fifty-five  years  of age or older, Sec. 807(b) (2) (c) (42 U.S.C.  3607
    48  (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,  shall
    49  apply.  However, such rental property shall no longer be exempt from the
    50  provisions of subparagraphs one and two of this paragraph  if  there  is
    51  unlawful  discriminatory  conduct pursuant to subparagraph three of this
    52  paragraph.
    53    (ii) The provisions of subparagraphs one, two, and three of this para-
    54  graph shall not apply (1) to the restriction of the rental of all  rooms
    55  in  a  housing  accommodation to individuals of the same sex, (2) to the
    56  rental of a room or rooms in a housing accommodation, if such rental  is

        S. 8452                             4
 
     1  by  the  occupant  of  the  housing accommodation or by the owner of the
     2  housing accommodation and the owner resides  in  such  housing  accommo-
     3  dation,  or  (3)  solely  with respect to age and familial status to the
     4  restriction  of  the  sale,  rental  or  lease of housing accommodations
     5  exclusively to persons sixty-two years of age or older and the spouse of
     6  any such person, or for housing intended and operated for  occupancy  by
     7  at least one person fifty-five years of age or older per unit. In deter-
     8  mining whether housing is intended and operated for occupancy by persons
     9  fifty-five  years  of age or older, Sec. 807(b) (2) (c) (42 U.S.C.  3607
    10  (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended,  shall
    11  apply.
    12    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
    13  lessee, sub-lessee, or managing agent of, or  other  person  having  the
    14  right of ownership or possession of or the right to sell, rent or lease,
    15  land or commercial space:
    16    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
    17  from any person or group of persons land or commercial space because  of
    18  the  race,  creed,  color,  national  origin, citizenship or immigration
    19  status, sexual orientation,  gender  identity  or  expression,  military
    20  status,  sex,  age,  disability,  marital  status, status as a victim of
    21  domestic violence, [or] familial status or credit score, of such  person
    22  or  persons,  or  to represent that any housing accommodation or land is
    23  not available for inspection, sale, rental or lease when in fact  it  is
    24  so available;
    25    (2)  To discriminate against any person because of race, creed, color,
    26  national origin, citizenship or immigration status, sexual  orientation,
    27  gender  identity  or  expression, military status, sex, age, disability,
    28  marital status, status as a victim of domestic violence,  [or]  familial
    29  status  or  credit  score, in the terms, conditions or privileges of the
    30  sale, rental or lease of any such land or commercial space;  or  in  the
    31  furnishing of facilities or services in connection therewith;
    32    (3)  To  print  or  circulate or cause to be printed or circulated any
    33  statement, advertisement or publication, or to use any form of  applica-
    34  tion  for the purchase, rental or lease of such land or commercial space
    35  or to make any record or inquiry  in  connection  with  the  prospective
    36  purchase,  rental  or  lease  of  such  land  or  commercial space which
    37  expresses, directly or  indirectly,  any  limitation,  specification  or
    38  discrimination as to race, creed, color, national origin, citizenship or
    39  immigration  status,  sexual orientation, gender identity or expression,
    40  military status, sex, age,  disability,  marital  status,  status  as  a
    41  victim  of  domestic  violence, [or] familial status or credit score; or
    42  any intent to make any such limitation, specification or discrimination.
    43    (4) With respect to age and familial status, the  provisions  of  this
    44  paragraph  shall  not  apply  to  the restriction of the sale, rental or
    45  lease of land or commercial  space  exclusively  to  persons  fifty-five
    46  years  of  age  or  older  and  the spouse of any such person, or to the
    47  restriction of the sale, rental or lease of land  to  be  used  for  the
    48  construction,  or  location  of  housing  accommodations exclusively for
    49  persons sixty-two years of age or older, or intended  and  operated  for
    50  occupancy  by  at  least one person fifty-five years of age or older per
    51  unit. In determining whether housing is intended and operated for  occu-
    52  pancy  by  persons fifty-five years of age or older, Sec. 807(b) (2) (c)
    53  (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988,  as
    54  amended, shall apply.
    55    (c)  It  shall  be  an  unlawful  discriminatory practice for any real
    56  estate broker, real estate salesperson or employee or agent thereof:

        S. 8452                             5
 
     1    (1) To refuse to sell, rent or lease any housing  accommodation,  land
     2  or  commercial  space  to any person or group of persons or to refuse to
     3  negotiate for the sale, rental or lease, of any  housing  accommodation,
     4  land  or  commercial  space to any person or group of persons because of
     5  the  race,  creed,  color,  national  origin, citizenship or immigration
     6  status, sexual orientation,  gender  identity  or  expression,  military
     7  status,  sex,  age,  disability,  marital  status, status as a victim of
     8  domestic violence, lawful source of  income  [or],  familial  status  or
     9  credit  score, of such person or persons, or to represent that any hous-
    10  ing accommodation,  land  or  commercial  space  is  not  available  for
    11  inspection,  sale,  rental  or lease when in fact it is so available, or
    12  otherwise to deny or withhold any housing accommodation, land or commer-
    13  cial space or any facilities  of  any  housing  accommodation,  land  or
    14  commercial  space  from  any  person  or group of persons because of the
    15  race, creed, color, national origin, citizenship or immigration  status,
    16  sexual orientation, gender identity or expression, military status, sex,
    17  age,  disability, marital status, lawful source of income [or], familial
    18  status or credit score, of such person or persons.
    19    (2) To print or circulate or cause to be  printed  or  circulated  any
    20  statement,  advertisement or publication, or to use any form of applica-
    21  tion for the purchase, rental or lease  of  any  housing  accommodation,
    22  land  or commercial space or to make any record or inquiry in connection
    23  with the prospective purchase, rental or lease of any  housing  accommo-
    24  dation,  land or commercial space which expresses, directly or indirect-
    25  ly, any limitation, specification, or discrimination as to race,  creed,
    26  color, national origin, citizenship or immigration status, sexual orien-
    27  tation,  gender identity or expression, military status, sex, age, disa-
    28  bility, marital status, status as a victim of domestic violence,  lawful
    29  source of income [or], familial status or credit score; or any intent to
    30  make any such limitation, specification or discrimination.
    31    (3)  With  respect  to age and familial status, the provisions of this
    32  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    33  lease of any housing accommodation, land or commercial space exclusively
    34  to  persons  fifty-five years of age or older and the spouse of any such
    35  person, or to the restriction of the sale, rental or lease of any  hous-
    36  ing accommodation or land to be used for the construction or location of
    37  housing  accommodations  for persons sixty-two years of age or older, or
    38  intended and operated for occupancy by at least  one  person  fifty-five
    39  years  of  age  or  older  per  unit.  In determining whether housing is
    40  intended and operated for occupancy by persons fifty-five years  of  age
    41  or  older,  Sec.  807  (b)  (2)  (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    42  federal Fair Housing Act of 1988, as amended, shall apply.
    43    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
    44  estate  board, because of the race, creed, color, national origin, citi-
    45  zenship or immigration status, sexual orientation,  gender  identity  or
    46  expression,  military  status,  age,  sex,  disability,  marital status,
    47  status as a victim of domestic violence, lawful source of  income  [or],
    48  familial  status  or  credit  score,  of any individual who is otherwise
    49  qualified for membership, to  exclude  or  expel  such  individual  from
    50  membership,  or  to  discriminate  against such individual in the terms,
    51  conditions and privileges of membership in such board.
    52    (e) It shall be an unlawful discriminatory  practice  for  the  owner,
    53  proprietor  or  managing  agent  of, or other person having the right to
    54  provide care and services in, a private proprietary nursing home, conva-
    55  lescent home, or home for adults, or an intermediate care  facility,  as
    56  defined   in   section  two  of  the  social  services  law,  heretofore

        S. 8452                             6
 
     1  constructed, or to be constructed, or any agent or employee thereof,  to
     2  refuse  to  provide  services  and  care in such home or facility to any
     3  individual or to discriminate  against  any  individual  in  the  terms,
     4  conditions, and privileges of such services and care solely because such
     5  individual  is  a blind person. For purposes of this paragraph, a "blind
     6  person" shall mean a person who is registered as a blind person with the
     7  commission for the visually handicapped and who meets the definition  of
     8  a  "blind  person"  pursuant  to  section  three of chapter four hundred
     9  fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
    10  establish a state commission for improving the condition of the blind of
    11  the state of New York, and making an appropriation therefor".
    12    (f)  The  provisions of this subdivision, as they relate to age, shall
    13  not apply to persons under the age of eighteen years.
    14    (g) It shall be an unlawful discriminatory  practice  for  any  person
    15  offering  or  providing housing accommodations, land or commercial space
    16  as described in paragraphs (a), (b), and (c) of this subdivision to make
    17  or cause to be made any written or oral  inquiry  or  record  concerning
    18  membership  of  any person in the state organized militia in relation to
    19  the purchase, rental or lease of such housing  accommodation,  land,  or
    20  commercial  space,  provided,  however, that nothing in this subdivision
    21  shall prohibit a member of the state organized militia from  voluntarily
    22  disclosing such membership.
    23    § 6. The real property law is amended by adding a new section 227-g to
    24  read as follows:
    25    § 227-g. Denial on the basis of credit score prohibited. 1. No person,
    26  firm  or  corporation  owning or managing any building used for dwelling
    27  purposes, or the agent of such person, firm or corporation, shall refuse
    28  to rent or offer a lease to a potential tenant solely on  the  basis  of
    29  the  potential  tenant's  credit  score.  An applicant for a residential
    30  lease shall be evaluated on multiple qualifying factors  including,  but
    31  not limited to:
    32    a. income level and stability;
    33    b. employment history;
    34    c. prior rental history;
    35    d. references from previous landlords; and
    36    e.  other  relevant  criteria  that  support  the  tenant's ability to
    37  fulfill rental obligations.
    38    2. There shall be a rebuttable presumption  of  a  violation  of  this
    39  section  if  it  is  established  that  the  person, firm or corporation
    40  requested the credit  score  of  a  potential  tenant  and  subsequently
    41  refuses to rent or offer a lease to the potential tenant.
    42    3.  Whenever  the  attorney  general  shall  believe from satisfactory
    43  evidence that any person, firm, corporation or agent or employee thereof
    44  has violated subdivision one of this section, they may bring  an  action
    45  or  special proceeding in the supreme court for a judgment enjoining the
    46  continuance of such violation and for a civil penalty of not  less  than
    47  one  thousand  dollars, but not more than five thousand dollars for each
    48  violation.
    49    § 7. Section 233 of the real property law is amended by adding  a  new
    50  subdivision z to read as follows:
    51    z.  A  manufactured  home  park  owner  may  only use credit scores in
    52  conjunction with other qualifying factors such as employment history and
    53  monthly wages in making determinations of tenancy or  rental  agreements
    54  under this section.
    55    § 8. The general business law is amended by adding a new section 397-c
    56  to read as follows:

        S. 8452                             7
 
     1    § 397-c. Prohibition on exclusive use of credit score in rental agree-
     2  ments.  1.  No landlord or property owner shall refuse to rent, lease or
     3  otherwise provide housing to any person based  solely    on  the  credit
     4  score of such person.
     5    2.  A  landlord shall evaluate rental applications based on a combina-
     6  tion of factors, including but not limited to income level and verifica-
     7  tion, prior rental history, and  personal  references,  in  addition  to
     8  credit scores.
     9    3.  Landlords shall disclose to applicants the criteria used for eval-
    10  uating rental applications, ensuring that credit scores are not the only
    11  measure of eligibility.
    12    4.  A  violation  of this section shall result in penalties, including
    13  fines and a civil action for damages incurred by the affected applicant.
    14    § 9. Section 18-c of the civil rights law, as added by chapter 287  of
    15  the laws of 1950, is amended to read as follows:
    16    § 18-c. Discrimination prohibited. It shall be unlawful:
    17    1.  For  the  owner  of any publicly assisted housing accommodation to
    18  refuse to rent or lease or otherwise to deny to  or  withhold  from  any
    19  person  or  group  of  persons such housing accommodation because of the
    20  race, color, religion, national origin or ancestry, or credit  score  of
    21  such person or persons.
    22    2.  For  the  owner  of any publicly assisted housing accommodation to
    23  discriminate against any person because of the  race,  color,  religion,
    24  national  origin  or  ancestry,  or  credit  score of such person in the
    25  terms, conditions or privileges of any publicly assisted housing  accom-
    26  modations  or  in the furnishing of facilities or services in connection
    27  therewith.
    28    3. For any person to cause to be made  any  written  or  oral  inquiry
    29  concerning  the  race, color, religion, national origin or ancestry of a
    30  person seeking to rent or lease any [publicly assisted] housing accommo-
    31  dation.
    32    § 10. Subdivision 17 of section 295 of the executive law, as added  by
    33  chapter 701 of the laws of 2021, is amended to read as follows:
    34    17.  To  establish a dedicated telephone line to provide assistance to
    35  individuals with complaints of housing discrimination, including  claims
    36  of  discrimination based on the unlawful use of credit scores in denying
    37  applications for rental or lease of residential property.  Such  assist-
    38  ance  shall  include,  but  not  be limited to, directing individuals to
    39  resources available to the public regarding housing discrimination.  The
    40  division  shall  operate  such  dedicated  telephone line during regular
    41  business hours and shall post the telephone number  for  such  dedicated
    42  phone  line  on  the website of the division. The commissioner is hereby
    43  authorized and directed to promulgate rules and regulations to  effectu-
    44  ate the purposes of this subdivision.
    45    §  11.  This  act shall take effect immediately; provided that section
    46  ten of this act shall take effect on the ninetieth day  after  it  shall
    47  have become a law.
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