Assembly Bill A4040

2025-2026 Legislative Session

Codifies the disparate impact standard in the human rights law

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Current 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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2025-A4040 (ACTIVE) - Details

See Senate Version of this Bill:
S4067
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §296, Exec L

2025-A4040 (ACTIVE) - Summary

Codifies the disparate impact standard in the human rights law; provides that in cases of alleged housing discrimination, an unlawful discriminatory practice may be established by a practice's discriminatory effect, even if such practice was not motivated by a discriminatory intent.

2025-A4040 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4040
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of  A.  LASHER,  WRIGHT, P. CARROLL, EPSTEIN, GLICK,
   GONZALEZ-ROJAS, HEVESI, HOOKS, KELLES,  LEVENBERG,  O'PHARROW,  REYES,
   SHIMSKY, TAPIA, TORRES, ZACCARO, ZINERMAN -- read once and referred to
   the Committee on Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to codifying the dispa-
   rate impact standard in the human rights law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 296 of the executive law is amended by adding a new
 subdivision 5-a to read as follows:
   5-A.  (A)  FOR  ANY  CASE  ALLEGING  HOUSING DISCRIMINATION UNDER THIS
 SECTION, AN UNLAWFUL DISCRIMINATORY PRACTICE MAY  BE  ESTABLISHED  BY  A
 PRACTICE'S  DISCRIMINATORY  EFFECT,  EVEN IF SUCH PRACTICE WAS NOT MOTI-
 VATED BY A DISCRIMINATORY INTENT. THE PRACTICE MAY STILL  BE  LAWFUL  IF
 SUPPORTED BY A LEGALLY SUFFICIENT JUSTIFICATION, AS DEFINED IN PARAGRAPH
 (C) OF THIS SUBDIVISION.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, A PRACTICE HAS A DISCRIMINA-
 TORY  EFFECT  WHERE  IT  ACTUALLY  OR PREDICTABLY RESULTS IN A DISPARATE
 IMPACT ON A GROUP OF  PERSONS  OR  CREATES,  INCREASES,  REINFORCES,  OR
 PERPETUATES  SEGREGATED  HOUSING PATTERNS BECAUSE OF RACE, CREED, COLOR,
 NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL  ORIENTATION,
 GENDER  IDENTITY  OR  EXPRESSION, MILITARY STATUS, SEX, AGE, DISABILITY,
 MARITAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE,  LAWFUL  SOURCE
 OF INCOME OR FAMILIAL.
   (C) (1) A LEGALLY SUFFICIENT JUSTIFICATION EXISTS WHERE THE CHALLENGED
 PRACTICE:
   (I)  IS  NECESSARY  TO  ACHIEVE  ONE  OR MORE SUBSTANTIAL, LEGITIMATE,
 NONDISCRIMINATORY INTERESTS OF THE RESPONDENT; AND
   (II) THOSE INTERESTS COULD NOT BE SERVED BY ANOTHER PRACTICE THAT  HAS
 A LESS DISCRIMINATORY EFFECT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05110-02-5
 A. 4040                             2

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