Senate Bill S5230

2023-2024 Legislative Session

Requires annual fair housing testing

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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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2023-S5230 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §292, add §295-a, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7625
2021-2022: S112

2023-S5230 (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.

2023-S5230 (ACTIVE) - Sponsor Memo

2023-S5230 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5230
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sens.  THOMAS,  ADDABBO, HARCKHAM, KAVANAGH, MAY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Investigations and Government 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 42 to read as follows:
   42. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03231-01-3

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