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.