NY State Senate Bill 2019-S7625

Senate Bill S7625

2019-2020 Legislative Session

Relates to requiring annual fair housing testing

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 25, 2020	print number 7625a
Sep 25, 2020	amend and recommit to investigations and government operations
Jan 31, 2020	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S7625 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §292, add §295-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S112
2023-2024: S5230

2019-S7625 - Summary

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.

2019-S7625 - Sponsor Memo

                                
 
BILL NUMBER: S7625

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring annual fair
housing testing

 
PURPOSE:

This legislation sets up a fair housing testing program to identify
possible discrimination in the housing market.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 292 of the executive law by adding a new subdi-
vision 39 to define term fair housing testing, which means a covert
housing investigation to gather evidence of compliance with this article
for the purpose of comparing how members and non-members of protected
class who are otherwise similarly situated are treated.

Section 2 amends the executive law by adding a new section 295-a to the
executive law to direct the attorney general to conduct yearly fair
housing testing. The results shall be reported to the Governor and
Legislature. This section allows the attorney general to contract with a
non-profit organization to execute any or all portions of this fair
housing testing program.

Section 3 is the effective date.

 
JUSTIFICATION:

A recent NEWSDAY story has shed light on the fact that minorities are
exposed to bias when looking to purchase a home. This is unfathomable
and shows we are not removed from a time when this is commonplace. We
must act to enforce the laws already on the books, as well as to produce
new laws aimed at ending this shameful, and hateful practice. This
legislation seems to implement a third party run program of paired test-
ing. Paired testing is when two applicants have equivalent social and
economic characteristics differ only in terms of characteristics being
tested for discrimination such as race, sexual orientation, gender iden-
tity or disability status.  Paired testing is a tool used at the Federal
level and is called a critical methodology for assessing discrimination
in the housing market. This legislation seeks to employ an industry
funded, but independent third party paired testing program to help
prevent and to collect data on instances of bias in housing purchases.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day.

2019-S7625 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7625
 
                             I N  S E N A T E
 
                             January 31, 2020
                                ___________
 
 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:

   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 39 to read as follows:
   39. THE TERM "FAIR HOUSING TESTING" SHALL MEAN A COVERT HOUSING INVES-
 TIGATION TO GATHER EVIDENCE OF COMPLIANCE WITH  THIS  ARTICLE  INVOLVING
 ONE  OR  MORE PERSONS WHO INITIATE CONTACT WITH ANOTHER PERSON OR ENTITY
 FOR THE PURPOSE OF COMPARING HOW MEMBERS AND NON-MEMBERS OF A  PROTECTED
 CLASS,  AS DEFINED BY THIS ARTICLE, WHO ARE OTHERWISE SIMILARLY SITUATED
 ARE TREATED. THE INVESTIGATION MAY ALSO INCLUDE COMPARING  THE  OBSERVED
 CONDUCT  OR  BUSINESS PRACTICES TO THE REQUIREMENTS OF FAIR HOUSING LAWS
 AND ANALYSIS OF ANY PUBLICLY AVAILABLE DATA TO  IDENTIFY  DISCRIMINATORY
 FAIR HOUSING PRACTICES.
   §  2.  The  executive  law is amended by adding a new section 295-a to
 read as follows:
   § 295-A. FAIR HOUSING TESTING.  THE  ATTORNEY  GENERAL  SHALL  CONDUCT
 YEARLY  FAIR HOUSING TESTING TO ENSURE COMPLIANCE WITH THIS ARTICLE. THE
 RESULTS OF SUCH FAIR HOUSING TESTING SHALL BE REPORTED ANNUALLY  TO  THE
 GOVERNOR  AND  THE  LEGISLATURE, INCLUDING THE NUMBER OF TESTS CONDUCTED
 EACH YEAR, THE NUMBER OF INSTANCES OF POSSIBLE DISCRIMINATION FOUND AS A
 RESULT OF SUCH TESTING, AND ANY RESULTING ENFORCEMENT ACTION BROUGHT  AS
 A  RESULT  OF  SUCH TESTING. THE ATTORNEY GENERAL MAY CONTRACT TO A NON-
 PROFIT ORGANIZATION OR ORGANIZATIONS TO EXECUTE ANY PORTION  OR  ALL  OF
 THE FAIR HOUSING TESTS. ANY ORGANIZATION OR INDIVIDUAL CONTRACTED BY THE
 ATTORNEY  GENERAL  TO  PERFORM  FAIR  HOUSING TESTING UNDER THIS SECTION
 SHALL NOT BE PRECLUDED FROM PURSUING  ANY  AND  ALL  REMEDIES  AVAILABLE
 UNDER  LAW  FOR  ANY  POTENTIAL DISCRIMINATION FOUND AS A RESULT OF FAIR
 HOUSING TESTING DONE PURSUANT TO THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14978-03-0

 S. 7625                             2
 
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2019-S7625A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §292, add §295-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S112
2023-2024: S5230

2019-S7625A (ACTIVE) - Summary

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.

2019-S7625A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7625a

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring annual fair
housing testing

 
PURPOSE:

This legislation sets up a fair housing testing program to identify
possible discrimination in the housing market.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 292 of the executive law by adding a new subdi-
vision 39 to define term fair housing testing, which means a covert
housing investigation to gather evidence of compliance with this article
for the purpose of comparing how members and non-members of protected
class who are otherwise similarly situated are treated.

Section 2 amends the executive law by adding a new section 295-a to the
executive law to direct the attorney general to conduct yearly fair
housing testing. The results shall be reported to the Governor and
Legislature. This section allows the attorney general to contract with a
non-profit organization that operates a full-service fair housing
program and has expertise in conducting fair housing testing for at
least two years to execute any or all portions of this fair housing
testing program.

Section 3 is the effective date.

 
JUSTIFICATION:

A recent NEWSDAY story has shed light on the fact that minorities are
exposed to bias when looking to purchase a home. This is unfathomable
and shows we are not removed from a time when this is commonplace. We
must act to enforce the laws already on the books, as well as to produce
new laws aimed at ending this shameful, and hateful practice.  This
legislation seems to implement a third party run program of paired test-
ing. Paired testing is when two applicants have equivalent social and
economic characteristics differ only in terms of characteristics being
tested for discrimination such as race, sexual orientation, gender iden-
tity or disability status. Paired testing is a tool used at the Federal
level and is called a critical methodology for assessing discrimination
in the housing market. This legislation seeks to employ an industry
funded, but independent third party paired testing program to help
prevent and to collect data on instances of bias in housing purchases.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day.

2019-S7625A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7625--A
 
                             I N  S E N A T E
 
                             January 31, 2020
                                ___________
 
 Introduced  by Sens. KAPLAN, KAVANAGH -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and  Government  Operations  --  committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 39 to read as follows:
   39. THE TERM "FAIR HOUSING TESTING" SHALL MEAN A COVERT HOUSING INVES-
 TIGATION TO GATHER EVIDENCE OF COMPLIANCE WITH  THIS  ARTICLE  INVOLVING
 ONE  OR  MORE PERSONS WHO INITIATE CONTACT WITH ANOTHER PERSON OR ENTITY
 FOR THE PURPOSE OF COMPARING HOW MEMBERS AND NON-MEMBERS OF A  PROTECTED
 CLASS,  AS DEFINED BY THIS ARTICLE, WHO ARE OTHERWISE SIMILARLY SITUATED
 ARE TREATED. THE INVESTIGATION MAY ALSO INCLUDE COMPARING  THE  OBSERVED
 CONDUCT  OR  BUSINESS PRACTICES TO THE REQUIREMENTS OF FAIR HOUSING LAWS
 AND ANALYSIS OF ANY PUBLICLY AVAILABLE DATA TO  IDENTIFY  DISCRIMINATORY
 FAIR HOUSING PRACTICES.
   §  2.  The  executive  law is amended by adding a new section 295-a to
 read as follows:
   § 295-A. FAIR HOUSING TESTING.  THE  ATTORNEY  GENERAL  SHALL  CONDUCT
 YEARLY  FAIR HOUSING TESTING TO ENSURE COMPLIANCE WITH THIS ARTICLE. THE
 RESULTS OF SUCH FAIR HOUSING TESTING SHALL BE REPORTED ANNUALLY  TO  THE
 GOVERNOR  AND  THE  LEGISLATURE, INCLUDING THE NUMBER OF TESTS CONDUCTED
 EACH YEAR, THE NUMBER OF INSTANCES OF POSSIBLE DISCRIMINATION FOUND AS A
 RESULT OF SUCH TESTING, AND ANY RESULTING ENFORCEMENT ACTION BROUGHT  AS
 A  RESULT  OF  SUCH TESTING. THE ATTORNEY GENERAL MAY CONTRACT TO A NON-
 PROFIT ORGANIZATION THAT OPERATES A FULL-SERVICE  FAIR  HOUSING  PROGRAM
 AND  HAS  EXPERTISE  IN CONDUCTING FAIR HOUSING TESTING FOR AT LEAST TWO
 YEARS TO EXECUTE ANY PORTION OR ALL  OF  THE  FAIR  HOUSING  TESTS.  ANY
 ORGANIZATION OR INDIVIDUAL CONTRACTED BY THE ATTORNEY GENERAL TO PERFORM
 FAIR  HOUSING  TESTING  UNDER  THIS  SECTION SHALL NOT BE PRECLUDED FROM
 PURSUING ANY AND ALL REMEDIES AVAILABLE  UNDER  LAW  FOR  ANY  POTENTIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14978-04-0

 S. 7625--A                          2

 DISCRIMINATION  FOUND  AS A RESULT OF FAIR HOUSING TESTING DONE PURSUANT
 TO THIS SECTION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S7625

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Sponsored By

Anna M. Kaplan

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

Brian Kavanagh

2019-S7625 - Details

2019-S7625 - Summary

2019-S7625 - Sponsor Memo

2019-S7625 - Bill Text download pdf

co-Sponsors

Todd Kaminsky

Brian Kavanagh

2019-S7625A (ACTIVE) - Details

2019-S7625A (ACTIVE) - Summary

2019-S7625A (ACTIVE) - Sponsor Memo

2019-S7625A (ACTIVE) - Bill Text download pdf

Comments