S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7625--A
 
                             I N  S E N A T E
 
                             January 31, 2020
                                ___________
 
 Introduced  by Sens. KAPLAN, KAVANAGH -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and  Government  Operations  --  committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to requiring annual  fair
   housing testing
   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 39 to read as follows:
   39. THE TERM "FAIR HOUSING TESTING" SHALL MEAN A COVERT HOUSING INVES-
 TIGATION TO GATHER EVIDENCE OF COMPLIANCE WITH  THIS  ARTICLE  INVOLVING
 ONE  OR  MORE PERSONS WHO INITIATE CONTACT WITH ANOTHER PERSON OR ENTITY
 FOR THE PURPOSE OF COMPARING HOW MEMBERS AND NON-MEMBERS OF A  PROTECTED
 CLASS,  AS DEFINED BY THIS ARTICLE, WHO ARE OTHERWISE SIMILARLY SITUATED
 ARE TREATED. THE INVESTIGATION MAY ALSO INCLUDE COMPARING  THE  OBSERVED
 CONDUCT  OR  BUSINESS PRACTICES TO THE REQUIREMENTS OF FAIR HOUSING LAWS
 AND ANALYSIS OF ANY PUBLICLY AVAILABLE DATA TO  IDENTIFY  DISCRIMINATORY
 FAIR HOUSING PRACTICES.
   §  2.  The  executive  law is amended by adding a new section 295-a to
 read as follows:
   § 295-A. FAIR HOUSING TESTING.  THE  ATTORNEY  GENERAL  SHALL  CONDUCT
 YEARLY  FAIR HOUSING TESTING TO ENSURE COMPLIANCE WITH THIS ARTICLE. THE
 RESULTS OF SUCH FAIR HOUSING TESTING SHALL BE REPORTED ANNUALLY  TO  THE
 GOVERNOR  AND  THE  LEGISLATURE, INCLUDING THE NUMBER OF TESTS CONDUCTED
 EACH YEAR, THE NUMBER OF INSTANCES OF POSSIBLE DISCRIMINATION FOUND AS A
 RESULT OF SUCH TESTING, AND ANY RESULTING ENFORCEMENT ACTION BROUGHT  AS
 A  RESULT  OF  SUCH TESTING. THE ATTORNEY GENERAL MAY CONTRACT TO A NON-
 PROFIT ORGANIZATION THAT OPERATES A FULL-SERVICE  FAIR  HOUSING  PROGRAM
 AND  HAS  EXPERTISE  IN CONDUCTING FAIR HOUSING TESTING FOR AT LEAST TWO
 YEARS TO EXECUTE ANY PORTION OR ALL  OF  THE  FAIR  HOUSING  TESTS.  ANY
 ORGANIZATION OR INDIVIDUAL CONTRACTED BY THE ATTORNEY GENERAL TO PERFORM
 FAIR  HOUSING  TESTING  UNDER  THIS  SECTION SHALL NOT BE PRECLUDED FROM
 PURSUING ANY AND ALL REMEDIES AVAILABLE  UNDER  LAW  FOR  ANY  POTENTIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              
             
                          
                                       [ ] is old law to be omitted.
                                                            LBD14978-04-0
 S. 7625--A                          2
 DISCRIMINATION  FOUND  AS A RESULT OF FAIR HOUSING TESTING DONE PURSUANT
 TO THIS SECTION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.