S T A T E O F N E W Y O R K
________________________________________________________________________
7906--A
2023-2024 Regular Sessions
I N A S S E M B L Y
July 19, 2023
___________
Introduced by M. of A. L. ROSENTHAL, GLICK, LEVENBERG, SHIMSKY, SIMON,
DARLING -- read once and referred to the Committee on Housing --
recommitted to the Committee on Housing in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the real property law, in relation to the use of auto-
mated decision tools to make housing decisions
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
227-g to read as follows:
§ 227-G. USE OF AUTOMATED DECISION TOOLS. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "AUTOMATED DECISION TOOL" MEANS ANY COMPUTATIONAL PROCESS, DERIVED
FROM MACHINE LEARNING, STATISTICAL MODELING, DATA ANALYTICS, OR ARTIFI-
CIAL INTELLIGENCE, THAT ISSUES SIMPLIFIED OUTPUT, INCLUDING A SCORE,
CLASSIFICATION, OR RECOMMENDATION, THAT IS USED TO SUBSTANTIALLY ASSIST
OR REPLACE DISCRETIONARY DECISION MAKING FOR MAKING HOUSING DECISIONS
THAT IMPACT NATURAL PERSONS. "AUTOMATED DECISION TOOL" DOES NOT INCLUDE
A TOOL THAT DOES NOT AUTOMATE, SUPPORT, SUBSTANTIALLY ASSIST, OR REPLACE
DISCRETIONARY DECISION-MAKING PROCESSES AND THAT DOES NOT MATERIALLY
IMPACT NATURAL PERSONS, INCLUDING, BUT NOT LIMITED TO, A JUNK EMAIL
FILTER, FIREWALL, ANTIVIRUS SOFTWARE, CALCULATOR, SPREADSHEET, DATABASE,
DATA SET, OR OTHER COMPILATION OF DATA.
(B) "DISPARATE IMPACT ANALYSIS" MEANS AN IMPARTIAL EVALUATION
CONDUCTED BY AN INDEPENDENT AUDITOR. SUCH DISPARATE IMPACT ANALYSIS
SHALL INCLUDE, BUT NOT BE LIMITED TO, TESTING OF THE EXTENT TO WHICH USE
OF AN AUTOMATED DECISION TOOL IS LIKELY TO RESULT IN AN ADVERSE IMPACT
TO THE DETRIMENT OF ANY GROUP ON THE BASIS OF SEX, RACE, ETHNICITY, OR
OTHER PROTECTED CLASS UNDER THIS ARTICLE. A DISPARATE IMPACT ANALYSIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11808-02-4
A. 7906--A 2
SHALL DIFFERENTIATE BETWEEN APPLICANTS WHO WERE SELECTED AND APPLICANTS
WHO WERE NOT SELECTED BY THE TOOL.
(C) "HOUSING DECISION" MEANS TO SCREEN APPLICANTS FOR HOUSING.
2. IT SHALL BE UNLAWFUL FOR A LANDLORD TO IMPLEMENT OR USE AN AUTO-
MATED DECISION TOOL THAT FAILS TO COMPLY WITH THE FOLLOWING PROVISIONS:
(A) NO LESS THAN ANNUALLY, A DISPARATE IMPACT ANALYSIS SHALL BE
CONDUCTED TO ASSESS THE ACTUAL IMPACT OF ANY AUTOMATED DECISION TOOL
USED BY ANY LANDLORD TO SELECT APPLICANTS FOR HOUSING WITHIN THE STATE.
SUCH DISPARATE IMPACT ANALYSIS SHALL BE PROVIDED TO THE LANDLORD.
(B) A SUMMARY OF THE MOST RECENT DISPARATE IMPACT ANALYSIS OF SUCH
TOOL AS WELL AS THE DISTRIBUTION DATE OF THE TOOL TO WHICH THE ANALYSIS
APPLIES SHALL BE MADE PUBLICLY AVAILABLE ON THE WEBSITE OF THE LANDLORD
PRIOR TO THE IMPLEMENTATION OR USE OF SUCH TOOL. SUCH SUMMARY SHALL
ALSO BE MADE ACCESSIBLE THROUGH ANY LISTING FOR HOUSING ON A DIGITAL
PLATFORM FOR WHICH THE LANDLORD INTENDS TO USE AN AUTOMATED DECISION
TOOL TO SCREEN APPLICANTS FOR HOUSING.
3. (A) ANY LANDLORD THAT USES AN AUTOMATED DECISION TOOL TO SCREEN
APPLICANTS FOR HOUSING SHALL NOTIFY EACH SUCH APPLICANT OF THE FOLLOW-
ING:
(I) THAT AN AUTOMATED DECISION TOOL WILL BE USED IN CONNECTION WITH
THE ASSESSMENT OR EVALUATION OF SUCH APPLICANT;
(II) THE CHARACTERISTICS THAT SUCH AUTOMATED DECISION TOOL WILL USE IN
THE ASSESSMENT OF SUCH APPLICANT;
(III) INFORMATION ABOUT THE TYPE OF DATA COLLECTED FOR SUCH AUTOMATED
DECISION TOOL, THE SOURCE OF SUCH DATA, AND THE LANDLORD'S DATA
RETENTION POLICY; AND
(IV) IF AN APPLICATION FOR HOUSING IS DENIED THROUGH USE OF THE AUTO-
MATED DECISION TOOL, THE REASON FOR SUCH DENIAL.
(B) THE NOTICE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
MADE NO LESS THAN TWENTY-FOUR HOURS BEFORE THE USE OF SUCH AUTOMATED
DECISION TOOL AND SHALL ALLOW SUCH APPLICANT TO REQUEST AN ALTERNATIVE
SELECTION PROCESS OR ACCOMMODATION.
4. THE ATTORNEY GENERAL MAY INITIATE AN INVESTIGATION IF A PREPONDER-
ANCE OF THE EVIDENCE, INCLUDING THE SUMMARY OF THE MOST RECENT DISPARATE
IMPACT ANALYSIS ESTABLISHES A SUSPICION OF A VIOLATION. THE ATTORNEY
GENERAL MAY ALSO INITIATE IN ANY COURT OF COMPETENT JURISDICTION ANY
ACTION OR PROCEEDING THAT MAY BE APPROPRIATE OR NECESSARY FOR CORRECTION
OF ANY VIOLATION ISSUED PURSUANT TO THIS SECTION, INCLUDING MANDATING
COMPLIANCE WITH THE PROVISIONS OF THIS SECTION OR SUCH OTHER RELIEF AS
MAY BE APPROPRIATE.
§ 2. This act shall take effect immediately.