Senate Bill S7735A

2023-2024 Legislative Session

Relates to the use of automated decision tools by landlords for making housing decisions

download bill text pdf

Sponsored By

Current 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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Bill Amendments

2023-S7735 - Details

See Assembly Version of this Bill:
A7906
Current Committee:
Senate Investigations And Government Operations
Law Section:
Real Property Law
Laws Affected:
Add §227-g, RP L

2023-S7735 - Summary

Relates to the use of automated decision tools by landlords for making housing decisions; sets conditions and rules for use of such tools.

2023-S7735 - Sponsor Memo

2023-S7735 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7735
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 3, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to the use  of  automated
   decision tools to make housing decisions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  296-b
 to read as follows:
   § 296-B. UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO AUTOMATED DECI-
 SION  TOOLS.  1.   FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "AUTOMATED DECISION TOOL" MEANS ANY COMPUTATIONAL PROCESS, DERIVED
 FROM MACHINE LEARNING, STATISTICAL MODELING, DATA ANALYTICS, OR  ARTIFI-
 CIAL  INTELLIGENCE,  THAT  ISSUES  SIMPLIFIED OUTPUT, INCLUDING A SCORE,
 CLASSIFICATION, OR RECOMMENDATION, THAT IS USED TO SUBSTANTIALLY  ASSIST
 OR  REPLACE  DISCRETIONARY  DECISION MAKING FOR MAKING HOUSING DECISIONS
 THAT IMPACT NATURAL PERSONS. "AUTOMATED DECISION TOOL" DOES NOT  INCLUDE
 A TOOL THAT DOES NOT AUTOMATE, SUPPORT, SUBSTANTIALLY ASSIST, OR REPLACE
 DISCRETIONARY  DECISION-MAKING  PROCESSES  AND  THAT DOES NOT MATERIALLY
 IMPACT NATURAL PERSONS, INCLUDING, BUT NOT  LIMITED  TO,  A  JUNK  EMAIL
 FILTER, FIREWALL, ANTIVIRUS SOFTWARE, CALCULATOR, SPREADSHEET, DATABASE,
 DATA SET, OR OTHER COMPILATION OF DATA.
   (B) "DISPARATE IMPACT ANALYSIS" MEANS AN IMPARTIAL ANALYSIS, INCLUDING
 BUT  NOT  LIMITED  TO TESTING OF THE EXTENT TO WHICH USE OF AN AUTOMATED
 DECISION TOOL IS LIKELY TO RESULT IN AN ADVERSE IMPACT TO THE  DETRIMENT
 OF  ANY  GROUP  ON THE BASIS OF SEX, RACE, ETHNICITY, OR OTHER PROTECTED
 CLASS UNDER THIS ARTICLE. THE RESULTS OF SUCH ANALYSIS SHALL BE REPORTED
 TO THE LANDLORD IMPLEMENTING OR USING  AN  AUTOMATED  DECISION  TOOL.  A
 DISPARATE  IMPACT  ANALYSIS  SHALL  DIFFERENTIATE BETWEEN APPLICANTS WHO
 WERE SELECTED AND APPLICANTS WHO WERE NOT SELECTED BY THE TOOL AND SHALL
 INCLUDE A DISPARATE IMPACT ANALYSIS AS SPECIFIED IN THE  UNIFORM  STAND-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11808-01-3
              

2023-S7735A (ACTIVE) - Details

See Assembly Version of this Bill:
A7906
Current Committee:
Senate Investigations And Government Operations
Law Section:
Real Property Law
Laws Affected:
Add §227-g, RP L

2023-S7735A (ACTIVE) - Summary

Relates to the use of automated decision tools by landlords for making housing decisions; sets conditions and rules for use of such tools.

2023-S7735A (ACTIVE) - Sponsor Memo

2023-S7735A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7735--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 3, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on Investigations and Government Operations in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the real property law, in relation to the use  of  auto-
   mated decision tools to make housing decisions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  section
 227-g to read as follows:
   § 227-G. USE OF AUTOMATED DECISION TOOLS. 1.  FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "AUTOMATED DECISION TOOL" MEANS ANY COMPUTATIONAL PROCESS, DERIVED
 FROM  MACHINE LEARNING, STATISTICAL MODELING, DATA ANALYTICS, OR ARTIFI-
 CIAL INTELLIGENCE, THAT ISSUES SIMPLIFIED  OUTPUT,  INCLUDING  A  SCORE,
 CLASSIFICATION,  OR RECOMMENDATION, THAT IS USED TO SUBSTANTIALLY ASSIST
 OR REPLACE DISCRETIONARY DECISION MAKING FOR  MAKING  HOUSING  DECISIONS
 THAT  IMPACT NATURAL PERSONS. "AUTOMATED DECISION TOOL" DOES NOT INCLUDE
 A TOOL THAT DOES NOT AUTOMATE, SUPPORT, SUBSTANTIALLY ASSIST, OR REPLACE
 DISCRETIONARY DECISION-MAKING PROCESSES AND  THAT  DOES  NOT  MATERIALLY
 IMPACT  NATURAL  PERSONS,  INCLUDING,  BUT  NOT LIMITED TO, A JUNK EMAIL
 FILTER, FIREWALL, ANTIVIRUS SOFTWARE, CALCULATOR, SPREADSHEET, DATABASE,
 DATA SET, OR OTHER COMPILATION OF DATA.
   (B)  "DISPARATE  IMPACT  ANALYSIS"  MEANS  AN   IMPARTIAL   EVALUATION
 CONDUCTED  BY  AN  INDEPENDENT  AUDITOR.  SUCH DISPARATE IMPACT ANALYSIS
 SHALL INCLUDE, BUT NOT BE LIMITED TO, TESTING OF THE EXTENT TO WHICH USE
 OF AN AUTOMATED DECISION TOOL IS LIKELY TO RESULT IN AN  ADVERSE  IMPACT
 TO  THE  DETRIMENT OF ANY GROUP ON THE BASIS OF SEX, RACE, ETHNICITY, OR
 OTHER PROTECTED CLASS UNDER THIS ARTICLE.  A DISPARATE  IMPACT  ANALYSIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11808-03-4
 S. 7735--A                          2
              

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