STATE OF NEW YORK
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7298
2023-2024 Regular Sessions
IN SENATE
May 19, 2023
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to prohibiting discrimi-
nation because of affordability of residential buildings and residen-
tial construction projects
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 2618
2 to read as follows:
3 § 2618. Discrimination because of affordability of residential build-
4 ings and residential construction projects. Notwithstanding the
5 provisions of section three thousand four hundred twenty-nine of this
6 chapter, no individual or entity subject to the supervision of the
7 superintendent shall refuse to issue any policy of insurance, or cancel
8 or decline to renew the policy; make any distinction or discrimination
9 as to the premiums or rates charged for such policies; make or require
10 any rebate, discrimination or discount upon the amount to be paid or the
11 service to be rendered on any policy; insert in the policy any condi-
12 tion, or make any stipulation, whereby the insured binds themselves, or
13 their heirs, executors, administrators or assigns, to accept any sum or
14 service less than the full value or amount of such policy in case of a
15 claim thereon except such conditions and stipulations as are imposed
16 upon others in similar cases; or fix any lower rate or discriminate in
17 the fees or commissions of agents or brokers for writing or renewing
18 such a policy, due to any of the following factors:
19 (a) The presence within such a residential building or a residential
20 construction project of dwelling units that are subject to restrictions
21 on the maximum amount of rent that may be charged pursuant to a statue,
22 regulation, regulatory agreement or restrictive declaration with a city,
23 state, or federal agency;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10702-05-3
S. 7298 2
1 (b) The presence within such a residential building or a residential
2 construction project of tenants with rental assistance provided by a
3 city, state, or federal agency, housing authority, or other entity wher-
4 ein the tenant's portion of the rent is limited to a percentage of his
5 or her income; or
6 (c) Whether such residential building or residential construction
7 project is a limited-equity cooperative or limited-equity condominium;
8 owned by a public housing authority; or owned by a housing development
9 fund corporation as defined in the private housing finance law.
10 § 2. This act shall take effect immediately.
