NY State Senate Bill 2025-S7320

Senate Bill S7320

2025-2026 Legislative Session

Prohibits discriminatory practices by real estate appraisers and furthers fair housing compliance

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 10, 2025	referred to investigations and government operations

2025-S7320 (ACTIVE) - Details

See Assembly Version of this Bill:: A6869
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §§292, 296, 160-e, 160-u, 160-v & 160-w, Exec L; amd §80-a, St Fin L

2025-S7320 (ACTIVE) - Summary

Prohibits discriminatory practices by real estate appraisers; furthers fair housing compliance.

2025-S7320 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7320

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the executive law and the state finance law, in relation
to discriminatory practices by real estate appraisers and further fair
housing compliance

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to strengthen anti-discrimination
protections in real estate appraisals by prohibiting biased property
valuations and expanding penalties for violations.

 
SUMMARY OF PROVISIONS:

Section one of this bill would add a new subdivision defining "real
estate appraisal" to align with the existing definition in Executive Law
section 160-a subdivision 2. This provision also specifies that
appraisals encompass those conducted by individuals or businesses
presenting themselves as appraisers, regardless of licensure. It further

includes all oral and written communications used to support an
appraisal value.

Section two would add a new paragraph to section 296 of the Executive
Law by prohibiting the denial of real estate appraisal services or alter
valuations based on protected classes such as race, religion, sexual
orientation, age, disability, etc. The protection extends to
current/prospective property owners and neighbors of the property being
appraised. Strengthening fair housing protections by preventing discri-
minatory appraisals and ensuring property values are not affected by
unlawful biases.

Section three would expand on the disciplinary measures for appraisers
by adding the authority to impose monetary fines, in addition to exist-
ing powers to suspend or revoke licenses.

Section four of this bill would amend the disciplinary process, author-
izing the Department of State to investigate appraisers by allowing them
to sanction or discipline, the department can impose fines up to $2,000,
with 50% of fines directed to the Anti-Discrimination in Housing Fund.

Section five makes technical changes, by replacing gender-specific
language in compliance with Chapter 21 of the Laws of New York of 2024.

Section six would amend the disciplinary measures by introducing fines
for violations while maintaining existing penalties (reprimands, suspen-
sions, and revocations). The language also replaces gender-specific
terms with gender-neutral language.

Section seven would include the expansion of funds received by the Anti-
Discrimination in Housing Fund, which states that 50% of fines from
appraiser violations and 50% of fines from certain real estate
violations will support fair housing testing, education, investigations,
and addressing discriminatory appraisals.



Section eight would establish the severability clause, stating that if
any part of the law is found invalid, the remaining provisions remain in
effect.

Section nine would establish the effective date.

 
JUSTIFICATION:

This bill strengthens anti-discrimination protections in real estate
appraisals by explicitly prohibiting biased valuations based on
protected characteristics and expanding enforcement measures.
Originally introduced as a budget proposal from the Executive without an
appropriation, the policy issue remains critical and warranted stand-
alone legislative action.

Discriminatory appraisal practices contribute to systemic wealth dispar-
ities and limit fair access to homeownership. This bill ensures account-
ability by imposing fines for violations, directing a portion of those
fines to the Anti-Discrimination in Housing Fund, and modernizing disci-
plinary procedures. By clarifying the definition of appraisals and rein-
forcing fair housing protections, this legislation helps safeguard home-
owners and buyers from unfair valuation practices.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S7320 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7320
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2025
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 and the state finance law, in relation
   to discriminatory practices by real estate appraisers and further fair
   housing compliance

   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 "REAL ESTATE APPRAISAL" SHALL HAVE THE SAME MEANING AS IN
 SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED  SIXTY-A  OF  THIS  CHAPTER.
 PROVIDED, HOWEVER, THAT (A) REAL ESTATE APPRAISALS SUBJECT TO THIS ARTI-
 CLE INCLUDE THOSE PERFORMED BY ANY PERSON OR ENTITY WHOSE BUSINESS HOLDS
 ITSELF OUT AS ENGAGING IN RESIDENTIAL REAL ESTATE APPRAISALS, REGARDLESS
 OF WHETHER OR NOT SUCH PERSON OR ENTITY  IS  CERTIFIED  OR  LICENSED  TO
 PROVIDE  REAL  ESTATE  APPRAISALS  PURSUANT TO THE PROVISIONS OF ARTICLE
 SIX-E OF THIS CHAPTER, AND (B) FOR THE PURPOSES  OF  THIS  ARTICLE,  THE
 REAL  ESTATE  APPRAISAL INCLUDES ALL ORAL COMMUNICATIONS AND ALL WRITTEN
 COMMENTS AND OTHER DOCUMENTS SUBMITTED  AS  SUPPORT  FOR  THE  ESTIMATE,
 OPINION OF VALUE, OR ANALYSIS.
   §  2.  Subdivision 5 of section 296 of the executive law is amended by
 adding a new paragraph (h) to read as follows:
   (H) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON  TO
 DISCRIMINATE AGAINST ANY INDIVIDUAL  IN  MAKING  REAL  ESTATE  APPRAISAL
 SERVICES  AVAILABLE  OR  TO  BASE  A REAL ESTATE APPRAISAL, ESTIMATE, OR
 OPINION OF VALUE ON  THE RACE, CREED, COLOR, NATIONAL  ORIGIN,  CITIZEN-
 SHIP  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 STATUS OF EITHER THE PROSPECTIVE OWNERS  OR  OCCUPANTS  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11019-01-5

 S. 7320                             2
 
 REAL  PROPERTY, THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTY, OR
 THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTIES IN  THE  VICINITY
 OF  THE  PROPERTY.  NOTHING IN THIS SECTION SHALL PROHIBIT A REAL ESTATE
 APPRAISER FROM TAKING INTO CONSIDERATION FACTORS OTHER THAN RACE, CREED,
 COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIEN-
 TATION,  GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, AGE, DISA-
 BILITY, MARITAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE,  LAWFUL
 SOURCE OF INCOME, OR FAMILIAL STATUS.
   §  3.  Subdivision 9 of section 160-e of the executive law, as amended
 by chapter 397 of the laws of 1991, is amended to read as follows:
   9. To suspend and revoke certificates  or  licenses  OR  IMPOSE  FINES
 pursuant to the disciplinary proceedings provided for in this article.
   §  4.  The  opening paragraph of subdivision 1 of section 160-u of the
 executive law, as amended by chapter 397 of the laws of 1991, is amended
 to read as follows:
   The rights of any holder under a state certificate as a  state  certi-
 fied real estate appraiser, or a license as a state licensed real estate
 appraiser,  may  be  revoked  or suspended, or the holder of the certif-
 ication or license may be otherwise disciplined in accordance  with  the
 provisions  of  this  article, upon any of the grounds set forth in this
 section.  AS AN ALTERNATIVE OR IN ADDITION TO SUCH SUSPENSION OR REVOCA-
 TION, A FINE NOT EXCEEDING TWO THOUSAND DOLLARS MAY BE  IMPOSED  ON  ANY
 HOLDER  OF  THE CERTIFICATION OR LICENSE, PROVIDED THAT FIFTY PERCENT OF
 ALL MONEYS RECEIVED BY THE DEPARTMENT OF STATE FOR SUCH FINES  SHALL  BE
 PAYABLE  TO THE ANTI-DISCRIMINATION IN HOUSING FUND ESTABLISHED PURSUANT
 TO SECTION EIGHTY-A OF THE STATE FINANCE LAW. The department may  inves-
 tigate  the  actions  of  a  state  certified  or  licensed  real estate
 appraiser, and may [revoke or suspend the rights of] SANCTION OR  OTHER-
 WISE DISCIPLINE a certificate or license holder [or otherwise discipline
 a  state  certified  or  licensed  real estate appraiser] for any of the
 following acts or omissions:
   § 5. Subdivision 1 of section 160-v of the executive law,  as  amended
 by chapter 241 of the laws of 1999, is amended to read as follows:
   1.  Before  suspending  or  revoking  any  certification or license OR
 IMPOSING ANY FINES ON A  HOLDER  OF  A  CERTIFICATION  OR  LICENSE,  the
 department  shall  notify  the  state  certified or licensed real estate
 appraiser or licensed real estate appraiser assistant in writing of  any
 charges  made at least twenty days prior to the date set for the hearing
 and shall afford [him or her] SUCH REAL ESTATE APPRAISER  OR  SUCH  REAL
 ESTATE  APPRAISER  ASSISTANT  an opportunity to be heard in person or by
 counsel.
   § 6. Subdivision 2 of section 160-w of the executive law,  as  amended
 by chapter 241 of the laws of 1999, is amended to read as follows:
   2.  If  the  department  determined that a state certified or licensed
 real estate appraiser or licensed real  estate  appraiser  assistant  is
 guilty of a violation of any of the provisions of this article, it shall
 prepare  a  finding  of fact and recommend that such appraiser be repri-
 manded [or], that  [his  or  her]  THEIR  certification  or  license  be
 suspended  or  revoked, AND/OR INDICATE WHETHER A FINE SHALL BE IMPOSED.
 The decision and order of the department shall be final.
   § 7. Subdivisions 2 and 3 of section 80-a of the  state  finance  law,
 subdivision  2  as added by chapter 687 of the laws of 2021 and subdivi-
 sion 3 as amended by chapter 89 of the laws of 2022, are amended to read
 as follows:
   2. The anti-discrimination in housing fund  shall  consist  of  moneys
 appropriated thereto, moneys transferred from any other fund or sources,
 S. 7320                             3
 
 FIFTY  PERCENT OF ALL FINES AND FORFEITURES COLLECTED PURSUANT TO SUBDI-
 VISION ONE OF SECTION ONE HUNDRED SIXTY-U  OF  THE  EXECUTIVE  LAW,  and
 fifty  percent  of all fines and forfeitures collected pursuant to para-
 graph  (a) of subdivision one of section four hundred forty-one-c of the
 real property law. Nothing contained in this section shall  prevent  the
 state  from  receiving grants, gifts or bequests for the purposes of the
 fund as defined in this  section  and  depositing  them  into  the  fund
 according to law.
   3. The moneys in the anti-discrimination in housing fund shall be kept
 separate  from  and shall not be commingled with any other moneys in the
 custody of the state comptroller. Such moneys shall be made available to
 the office of the attorney general, for [fair housing testing]  PROGRAMS
 ASSISTING  WITH  FAIR  HOUSING  COMPLIANCE,  WHICH  INCLUDES, BUT IS NOT
 LIMITED TO, FAIR HOUSING TESTING, OUTREACH AND EDUCATION ON FAIR HOUSING
 PROTECTIONS, ADDRESSING AND INVESTIGATING FAIR HOUSING  ALLEGATIONS  AND
 COMPLAINTS,  AND  ADDRESSING DISCRIMINATION IN APPRAISALS, INCLUDING NEW
 APPRAISALS AND APPRAISAL REVIEW, through allocation of  grants  to  duly
 applying  county,  city,  town  or  village human rights commissions, or
 other duly applying county, city, town, village or not-for-profit  enti-
 ties  specializing in the prevention of unlawful discrimination in hous-
 ing, to detect unlawful discrimination in housing.
   § 8. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the validity or effectiveness of any other provision of this act,  or of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 9. This act shall take effect immediately.

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