NY State Senate Bill 2025-S951

Senate Bill S951

2025-2026 Legislative Session

Requires real estate brokers and salespersons to compile and disclose client demographic data to the secretary of state

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2025	reported and committed to finance
Jan 08, 2025	referred to judiciary

Votes

- Jan 27, 2025 - Judiciary Committee Vote
  S951
  
  12
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Jan 27, 2025
      
      aye (12)
      
      Bailey
      
      Cooney
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Parker
      
      Ramos
      
      Ryan
      
      Sepúlveda
      
      Stavisky
      
      nay (5)
      
      Lanza
      
      Martins
      
      O'Mara
      
      Palumbo
      
      Rhoads
      
      aye wr (2)
      
      Canzoneri-Fitzpatrick
      
      Skoufis

co-Sponsors

2025-S951 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Real Property Law
Laws Affected:: Add §442-m, RP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2525
2023-2024: S2352

2025-S951 (ACTIVE) - Summary

Requires real estate brokers and salespersons to compile and disclose client demographic data to the secretary of state; requires real estate brokers and salespersons to request the voluntary disclosure of demographic information from clients and record and retain such information for a period of two years.

2025-S951 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S951

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the real property law, in relation to requiring the
secretary of state to require that real estate brokers and salespersons
compile and disclose certain demographic information

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires the Secretary of State to collect from real estate brokers and
salespersons the demographic data of their clients. Requires the

Secretary of State to maintain a database of and issue an annual report
of this information.

 
SUMMARY OF PROVISIONS:

Section 1 amends the real property law by adding a new section 442-m.
This section requires real estate brokers to compile demographic infor-
mation about each of their clients and the ultimate dispositions of

their clients' interactions on a yearly basis and annually provide this
information to the Department of State in a manner prescribed by the
Secretary of State. Real estate brokers shall retain such information
for a period of two years. The Secretary of State shall maintain a data-
base of this information and provide it annually to the Governor, Attor-
ney General, temporary president of the Senate, and the speaker of the
Assembly. The information shall not be disclosed to the public unless
the data has been anonymized. The

Secretary of State shall issue an annual report to the Governor, Attor-
ney General, temporary president of the Senate, and the speaker of the
Assembly, and make such report available to the public.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

Outside oversight is necessary to ensure those in the real estate indus-
try are meeting their fair housing obligations. One possible tool to
ensure standards are met would be the statewide collection of data on
demographics of prospective homebuyers and renters who seek the advice
of real estate brokers and agents and the outcomes of their inter-
actions. This bill will act similarly to the federal Home Mortgage
Disclosure Act, which requires every mortgage lender to disclose data to
the federal government on every application received including the
applicant's basic demographic information, the application decision,
and, where applicable, the price of the loan.  Requiring brokers to
disclose demographic information regarding their clients would help to
identify potentially discriminatory patterns, implicit biases, and other
concerning indicators.

It is imperative that the State be proactive in eliminating housing
discrimination and affirmatively identify bad actors. Developing, main-
taining, and monitoring such data in a timely manner will allow the
State to better understand the dynamics of the housing market as experi-
enced by people of various races and ethnicities, and will enable both
the state and realty firms to review their progress in promoting fair
housing goals and treating clients equally without regard for their race
or ethnicity.

 
PRIOR LEGISLATIVE HISTORY:

2024: 52352 (Kavanagh) - PASSED SENATE /A10386 (Bichotte Hermelyn) -
referred to judiciary

2023: S2352 (Kavanagh) - PASSED SENATE

2022: S2525A (Kavanagh) - PASSED SENATE

2021: S2525A (Kavanagh) - PASSED SENATE

 
FISCAL IMPLICATIONS:

There will be costs associated with collecting, maintaining, and
publishing data incurred by the Secretary of State.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the adoption, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized to be made on or before
such date.

2025-S951 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    951
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. KAVANAGH, BRISPORT, WEBB -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
 AN  ACT  to  amend  the  real property law, in relation to requiring the
   secretary of state to require that real estate brokers  and  salesper-
   sons compile and disclose certain demographic information
 
   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
 442-m to read as follows:
   §  442-M.    COLLECTION AND DISCLOSURE OF DEMOGRAPHIC INFORMATION.  1.
 (A) EVERY REAL ESTATE BROKER OR SALESPERSON LICENSED IN THIS STATE SHALL
 REQUEST, IN A MANNER CONSISTENT WITH  ANY  REGULATIONS  ADOPTED  BY  THE
 SECRETARY  OF  STATE, THE VOLUNTARILY DISCLOSURE OF DEMOGRAPHIC INFORMA-
 TION FROM EACH CLIENT OF SUCH BROKER OR SALESPERSON WHO IS A PROSPECTIVE
 HOME PURCHASER, INCLUDING THE FULL NAME, RACE, ETHNICITY AND  GENDER  OF
 EACH  SUCH CLIENT, AND OTHER DEMOGRAPHIC INFORMATION AS THE SECRETARY OF
 STATE MAY DETERMINE IS NECESSARY,  AND  SHALL  RECORD  AND  RETAIN  SUCH
 INFORMATION  FOR  A  PERIOD  OF  TWO  YEARS;  PROVIDED THAT THE CLIENT'S
 PRODUCTION OF OR REFUSAL TO PRODUCE SUCH INFORMATION  SHALL  NOT  AFFECT
 THE PROVISION OF SERVICES TO THE CLIENT.
   (B)  FOR EACH SUCH CLIENT, SUCH BROKER OR SALESPERSON SHALL RECORD THE
 RESULTS OF THE SERVICES PROVIDED BY SUCH BROKER OR SALESPERSON  IN  THIS
 STATE,  INCLUDING  PROPERTIES  LISTED, PROPERTIES SHOWN, THE LOCATION OF
 SUCH PROPERTIES, AND THE DISPOSITION OF EVERY  OFFER  RECEIVED  BY  SUCH
 BROKER  WITH  RESPECT  TO A TRANSACTION, INCLUDING WHETHER THE OFFER WAS
 ACCEPTED OR REJECTED AND WHETHER A CLOSING OCCURRED,  AND  SHALL  RETAIN
 SUCH INFORMATION FOR A PERIOD OF TWO YEARS.
   (C)  EVERY  SUCH  BROKER  OR  SALESPERSON SHALL SUBMIT, OR CAUSE TO BE
 SUBMITTED THROUGH A BROKERAGE BUSINESS WITH WHICH SUCH BROKER OR  SALES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02370-01-5
 S. 951                              2
 
 PERSON  IS ASSOCIATED, A SUMMARY OF THE INFORMATION RECORDED PURSUANT TO
 THIS SUBDIVISION TO THE DEPARTMENT OF STATE IN A  MANNER  PRESCRIBED  BY
 THE  SECRETARY  OF  STATE.  SUCH SUBMISSION SHALL BE DUE ANNUALLY BY THE
 FIRST DAY OF MARCH FOR THE PRECEDING CALENDAR YEAR.
   2.  THE  SECRETARY OF STATE SHALL ESTABLISH AND MAINTAIN A DATABASE OF
 ALL INFORMATION SUBMITTED PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION
 AND  SHALL MAKE SUCH DATA AVAILABLE TO THE GOVERNOR, THE ATTORNEY GENER-
 AL, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEM-
 BLY UPON REQUEST. ALL SUCH DATA SHALL BE MAINTAINED IN A FORMAT THAT CAN
 BE SEARCHED BY LOCATION, BY REAL ESTATE BROKER OR  SALESPERSON,  AND  BY
 ANY  BROKERAGE  BUSINESS  WITH  WHICH  SUCH BROKER OR SALESPERSON MAY BE
 ASSOCIATED. SUCH DATABASE SHALL NOT BE DISCLOSED  TO  A  MEMBER  OF  THE
 PUBLIC  UNLESS  THE  DATA HAS BEEN ANONYMIZED TO PROTECT THE IDENTITY OF
 THE CLIENTS.
   3. THE SECRETARY OF STATE SHALL ISSUE AN ANNUAL REPORT TO  THE  GOVER-
 NOR,  THE  ATTORNEY  GENERAL, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY, AND  MAKE  SUCH  REPORT  AVAILABLE  ON  THE
 PUBLIC  WEBSITE OF THE DEPARTMENT OF STATE, ON THE AGGREGATE DEMOGRAPHIC
 DATA OF CLIENTS AND THE RESULTS OF SERVICES REPORTED PURSUANT TO  SUBDI-
 VISION ONE OF THIS SECTION. SUCH REPORT SHALL BE DUE BY THE FIRST DAY OF
 MAY  OF EACH YEAR AND SHALL COVER CLIENTS SERVED BY BROKERS OR SALESPER-
 SONS DURING THE PRECEDING CALENDAR YEAR AND  ANY  OTHER  INFORMATION  OR
 ANALYSIS  THAT  THE  SECRETARY  OF STATE MAY DETERMINE APPROPRIATE. SUCH
 REPORT SHALL NOT  INCLUDE  THE  IDENTITY  OF  ANY  CLIENT  WITHOUT  SUCH
 CLIENT'S CONSENT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S951

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Sponsored By

Brian Kavanagh