Senate Bill S112

2021-2022 Legislative Session

Requires annual fair housing testing

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2021-S112 (ACTIVE) - Details

See Assembly Version of this Bill:
A4665
Current Committee:
Assembly Housing
Law Section:
Executive Law
Laws Affected:
Amd §292, add §295-a, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7625
2023-2024: S5230

2021-S112 (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.

2021-S112 (ACTIVE) - Sponsor Memo

2021-S112 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    112
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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