NY State Senate Bill S2525A

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2021	referred to judiciary delivered to assembly passed senate
Feb 03, 2021	amended on third reading (t) 2525a
Feb 02, 2021	ordered to third reading cal.233
Feb 01, 2021	reported and committed to rules
Jan 21, 2021	referred to judiciary

Votes

view votes

Feb 8, 2021 - floor Vote

S2525A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 2, 2021 - Judiciary committee Vote

S2525

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 2, 2021 - Rules committee Vote

S2525

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2525 - Details

Current Committee:: Assembly Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §442-m, RP L

S2525 - Summary

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

S2525 - Sponsor Memo

 
BILL NUMBER: S2525

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 compile and
disclose certain demographic information

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Sec. 1 amends amends 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 provide this informa-
tion to the Secretary of State. The Secretary of State shall maintain a

database of this information and provide it annually to the Governor,
temporary president of the Senate, and the speaker of the Assembly.

Sec. 2 sets forth the effective date.

 
EXISTING LAW:

none

 
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 in 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 identifying eliminating
housing discrimination and affirmatively identify bad actors. Develop-
ing, maintaining, and monitoring such data in a timely manner will allow
the State to better understand the dynamics of the housing market as
experienced 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.

 
LEGISLATIVE HISTORY:

none

 
FISCAL IMPLICATIONS:

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

 
LOCAL FISCAL IMPLICATIONS:

None

 
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.

S2525 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2525
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law,  in  relation  to  requiring  the
   secretary  of  state  to  require that real estate brokers 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 INFORMATION.  1. THE  SECRETARY
 OF  STATE  SHALL  ADOPT  SUCH  RULES AND REGULATIONS AS THE SECRETARY OF
 STATE MAY DETERMINE ARE NECESSARY FOR THE ADMINISTRATION AND ENFORCEMENT
 OF THIS SECTION.
   2. (A) EVERY REAL ESTATE BROKER ENGAGED IN THE REAL ESTATE BUSINESS IN
 THIS STATE SHALL COMPILE AND MAKE  AVAILABLE,  IN  ACCORDANCE  WITH  THE
 REGULATIONS OF THE SECRETARY OF STATE, DEMOGRAPHIC INFORMATION FROM SUCH
 BROKER'S  CLIENTS INCLUDING, BUT NOT LIMITED TO: (I) THE RACE, ETHNICITY
 AND GENDER OF EACH SUCH CLIENT, AND SUCH OTHER  DEMOGRAPHIC  INFORMATION
 AS THE SECRETARY OF STATE MAY DETERMINE IS NECESSARY; AND
   (II)  EVERY  REAL ESTATE TRANSACTION ENGAGED IN BY SUCH BROKER 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.
   (B) ALL INFORMATION COMPILED UNDER THIS SUBDIVISION SHALL BE SUBMITTED
 NOT  LESS THAN ANNUALLY TO THE SECRETARY OF STATE IN ACCORDANCE WITH THE
 RULES AND REGULATIONS  ADOPTED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION.
   3.  THE  SECRETARY OF STATE SHALL ESTABLISH AND MAINTAIN A DATABASE OF
 ALL INFORMATION SUBMITTED PURSUANT TO SUBDIVISION TWO  OF  THIS  SECTION
 AND SHALL MAKE SUCH DATA AVAILABLE TO THE GOVERNOR, THE TEMPORARY PRESI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08441-01-1

 S. 2525                             2
 
 DENT  OF  THE SENATE, AND THE SPEAKER OF THE ASSEMBLY ANNUALLY. ALL SUCH
 DATA SHALL BE MAINTAINED IN A FORMAT THAT CAN BE  SEARCHED  BY  LOCATION
 AND/OR BY REAL ESTATE BROKER.
   §  2.  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.

Co-Sponsors

S2525A (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §442-m, RP L

S2525A (ACTIVE) - Summary

S2525A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2525A

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:

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:

Sec. 1 amends amends 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, Attorney General, temporary president of
the Senate, and the speaker of the Assembly, and make such report avail-
able to the public.

Sec. 2 sets forth the effective date.

 
EXISTING LAW:

None.

 
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 identifying eliminating
housing discrimination and affirmatively identify bad actors. Develop-
ing, maintaining, and monitoring such data in a timely manner will allow
the State to better understand the dynamics of the housing market as
experienced 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.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

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

 
LOCAL FISCAL IMPLICATIONS:

None.

 
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.

S2525A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2525--A
     Cal. No. 233
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 Introduced  by Sens. KAVANAGH, KAPLAN -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   reported  favorably from said committee and committed to the Committee
   on Rules -- ordered to a third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08441-02-1

 S. 2525--A                          2
 
   (C) EVERY SUCH BROKER OR SALESPERSON SHALL  SUBMIT,  OR  CAUSE  TO  BE
 SUBMITTED  THROUGH A BROKERAGE BUSINESS WITH WHICH SUCH BROKER OR SALES-
 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 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.

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The New York State Senate

senate Bill S2525A

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 8, 2021 - floor Vote

Floor Vote: Feb 8, 2021

Feb 2, 2021 - Judiciary committee Vote

Committee Vote: Feb 2, 2021

Feb 2, 2021 - Rules committee Vote

Committee Vote: Feb 2, 2021

Bill Amendments

Co-Sponsors

S2525 - Details

S2525 - Summary

S2525 - Sponsor Memo

S2525 - Bill Text download pdf

Co-Sponsors

S2525A (ACTIVE) - Details

S2525A (ACTIVE) - Summary

S2525A (ACTIVE) - Sponsor Memo

S2525A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2525A

Share this bill

Sponsored By

Brian Kavanagh

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 8, 2021 - floor Vote

Floor Vote: Feb 8, 2021

Feb 2, 2021 - Judiciary committee Vote

Committee Vote: Feb 2, 2021

Feb 2, 2021 - Rules committee Vote

Committee Vote: Feb 2, 2021

Bill Amendments

Co-Sponsors

Anna M. Kaplan

S2525 - Details

S2525 - Summary

S2525 - Sponsor Memo

S2525 - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

James Gaughran

Anna M. Kaplan

S2525A (ACTIVE) - Details

S2525A (ACTIVE) - Summary

S2525A (ACTIVE) - Sponsor Memo

S2525A (ACTIVE) - Bill Text download pdf

Comments