NY State Senate Bill 2025-S5226

Current Bill Status - In Senate Committee Consumer Protection 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 19, 2025	referred to consumer protection

2025-S5226 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §350-a-1, Gen Bus L

2025-S5226 (ACTIVE) - Summary

Sets standards for advertising affordable and deeply affordable housing.

2025-S5226 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5226

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the general business law, in relation to setting stand-
ards for advertising affordable housing

 
PURPOSE:

Establishes clear and consistent standards for defining and advertising
affordable housing in New York State to reduce confusion, mitigate
mistrust, and make it easier for individuals to navigate their housing
options.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the general business law by adding a new section 350-
a-1, which:

*Defines "affordable housing" as a unit affordable to households making
60% or less of the area median income (AMI).

*Defines "deeply affordable housing" as a unit affordable to households
making 4015 or less of AMI.

*Establishes that misrepresenting a housing unit as affordable or deeply
affordable when it does not meet these standards constitutes false
advertising.

*Requires advertisements that promote both market-rate and affordable
units in the same development to specify the percentage or number of
each unit type.

*Mandates that municipal and state government agencies adhere to these
advertising standards when providing information about affordable hous-
ing availability.

*Clarifies that these provisions do not affect eligibility for tax cred-
its, grants, or other affordability programs with different definitions
but require that all advertising comply with these standards.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Many New Yorkers searching for affordable housing find themselves priced
out, encountering housing labeled as affordable only to find that the
pricing is far beyond their means. Rents are often advertised as afford-
able when they are priced for households earning up to 120% of the area
median income (AMI), which far exceeds what many low- and moderate-in-
come renters consider affordable. For instance, a one-bedroom apartment
in New York City advertised as affordable may cost upwards of $3,261 per
month. This creates confusion, fosters mistrust in the housing market,
and makes it harder for individuals to navigate their options.

By implementing standardized definitions and requiring greater transpar-
ency in advertisements, this bill ensures that renters receive accurate
and reliable information about their housing options. Clarity in housing
advertisements benefits not only renters but also developers and commu-
nities. When expectations align with reality, opposition to new develop-
ments may decrease, especially in areas where resistance to affordable
housing stems from misunderstandings about what affordability means.
This bill promotes fairness in the housing market and fosters greater
public trust in the systems designed to address affordability issues.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Minimal, as enforcement will fall under existing regulatory frameworks.

 
EFFECTIVE DATE:
This act shall take effect 180 days after becoming law.

2025-S5226 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5226
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2025
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to setting  stand-
   ards for advertising affordable housing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 350-a-1 to read as follows:
   § 350-A-1. STANDARDS FOR ADVERTISING  AFFORDABLE  HOUSING.  1.  (A)  A
 HOUSING  UNIT MAY ONLY BE ADVERTISED AS "AFFORDABLE" IF IT IS AFFORDABLE
 TO A HOUSEHOLD MAKING SIXTY PERCENT OR LESS OF THE AREA  MEDIAN  INCOME,
 AS DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOP-
 MENT.
   (B) A HOUSING UNIT MAY ONLY BE ADVERTISED AS "DEEPLY AFFORDABLE" IF IT
 IS  AFFORDABLE  TO  A HOUSEHOLD MAKING FORTY PERCENT OR LESS OF THE AREA
 MEDIAN INCOME, AS DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT.
   2. (A) DESCRIBING A HOUSING UNIT THAT DOES  NOT  MEET  THE  APPLICABLE
 CRITERIA  OF  SUBDIVISION  ONE  OF  THIS SECTION AS AFFORDABLE OR DEEPLY
 AFFORDABLE IN ANY PHYSICAL OR DIGITAL PROMOTIONAL MATERIAL CREATED BY  A
 PERSON OR ENTITY WITH A FINANCIAL INTEREST IN SUCH HOUSING UNIT SHALL BE
 CONSIDERED  FALSE  ADVERTISING FOR THE PURPOSES OF SECTION THREE HUNDRED
 FIFTY OF THIS ARTICLE.
   (B) IN CASES WHERE A PERSON OR ENTITY IS ADVERTISING HOUSING UNITS  IN
 A  BUILDING OR HOUSING DEVELOPMENT THAT ARE MARKET RATE ALONG WITH UNITS
 WHICH MEET THE APPLICABLE DEFINITION OF AFFORDABLE OR DEEPLY AFFORDABLE,
 SUCH ADVERTISEMENT SHALL CLEARLY STATE  EITHER  (I)  THE  PERCENTAGE  OF
 UNITS  IN  SUCH BUILDING OR HOUSING DEVELOPMENT THAT MEET THE APPLICABLE
 DEFINITIONS OF THIS SECTION OR (II) THE NUMBER OF UNITS  THAT  MEET  THE
 APPLICABLE  DEFINITION OF AFFORDABLE OR DEEPLY AFFORDABLE AND THE NUMBER
 OF UNITS THAT ARE MARKET-RATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05091-01-5

 S. 5226                             2
 
   3. WHEN A MUNICIPAL GOVERNMENT OR THE STATE PROVIDE INFORMATION TO THE
 PUBLIC ABOUT AVAILABLE AFFORDABLE HOUSING UNITS, THEY  SHALL  ADHERE  TO
 THE  DEFINITIONS  AND  ADVERTISING  RULES  ESTABLISHED  PURSUANT TO THIS
 SECTION.   THIS INCLUDES PUBLIC-FACING  COMMUNICATIONS,  DATABASES,  AND
 PROMOTIONAL MATERIALS REGARDING AVAILABLE HOUSING UNITS.
   4.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT BE CONSTRUED TO IMPACT
 ELIGIBILITY FOR TAX CREDITS, GRANTS, OR OTHER INCENTIVES FOR AFFORDABIL-
 ITY PROGRAMS WITH DEFINITIONS THAT DIFFER FROM THOSE  IN  THIS  SECTION;
 PROVIDED,  HOWEVER,  THAT ADVERTISEMENT OF ANY HOUSING UNIT UNDER SUCH A
 TAX CREDIT, GRANT OR OTHER INCENTIVE PROGRAM SHALL BE  GOVERNED  BY  THE
 PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S5226

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

2025-S5226 (ACTIVE) - Details

2025-S5226 (ACTIVE) - Summary

2025-S5226 (ACTIVE) - Sponsor Memo

2025-S5226 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5226

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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Consumer Protection Committee

2025-S5226 (ACTIVE) - Details

2025-S5226 (ACTIVE) - Summary

2025-S5226 (ACTIVE) - Sponsor Memo

2025-S5226 (ACTIVE) - Bill Text download pdf

Comments