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Assembly Bill A7910A

2023-2024 Legislative Session

Prohibits insurance discrimination because of the affordability of residential buildings

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

2023-A7910 - Details

Law Section:
Insurance Law
Laws Affected:
Add §3462, Ins L

2023-A7910 - Summary

Prohibits insurance discrimination because of the affordability of residential buildings.

2023-A7910 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7910
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Insurance
 
 AN  ACT to amend the insurance law, in relation to prohibiting discrimi-
   nation because of affordability of residential buildings and  residen-
   tial construction projects
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The insurance law is amended by adding a new  section  2618
 to read as follows:
   §  2618. DISCRIMINATION BECAUSE OF AFFORDABILITY OF RESIDENTIAL BUILD-
 INGS  AND  RESIDENTIAL  CONSTRUCTION  PROJECTS.    NOTWITHSTANDING   THE
 PROVISIONS  OF  SECTION  THREE THOUSAND FOUR HUNDRED TWENTY-NINE OF THIS
 CHAPTER, NO INDIVIDUAL OR ENTITY  SUBJECT  TO  THE  SUPERVISION  OF  THE
 SUPERINTENDENT  SHALL REFUSE TO ISSUE ANY POLICY OF INSURANCE, OR CANCEL
 OR DECLINE TO RENEW THE POLICY; MAKE ANY DISTINCTION  OR  DISCRIMINATION
 AS  TO  THE PREMIUMS OR RATES CHARGED FOR SUCH POLICIES; MAKE OR REQUIRE
 ANY REBATE, DISCRIMINATION OR DISCOUNT UPON THE AMOUNT TO BE PAID OR THE
 SERVICE TO BE RENDERED ON ANY POLICY; INSERT IN THE  POLICY  ANY  CONDI-
 TION,  OR MAKE ANY STIPULATION, WHEREBY THE INSURED BINDS THEMSELVES, OR
 THEIR HEIRS, EXECUTORS, ADMINISTRATORS OR ASSIGNS, TO ACCEPT ANY SUM  OR
 SERVICE  LESS  THAN THE FULL VALUE OR AMOUNT OF SUCH POLICY IN CASE OF A
 CLAIM THEREON EXCEPT SUCH CONDITIONS AND  STIPULATIONS  AS  ARE  IMPOSED
 UPON  OTHERS  IN SIMILAR CASES; OR FIX ANY LOWER RATE OR DISCRIMINATE IN
 THE FEES OR COMMISSIONS OF AGENTS OR BROKERS  FOR  WRITING  OR  RENEWING
 SUCH A POLICY, DUE TO ANY OF THE FOLLOWING FACTORS:
   (A)  THE  PRESENCE WITHIN SUCH A RESIDENTIAL BUILDING OR A RESIDENTIAL
 CONSTRUCTION PROJECT OF DWELLING UNITS THAT ARE SUBJECT TO  RESTRICTIONS
 ON  THE MAXIMUM AMOUNT OF RENT THAT MAY BE CHARGED PURSUANT TO A STATUE,
 REGULATION, REGULATORY AGREEMENT OR RESTRICTIVE DECLARATION WITH A CITY,
 STATE, OR FEDERAL AGENCY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10702-05-3
 A. 7910                             2

co-Sponsors

2023-A7910A (ACTIVE) - Details

Law Section:
Insurance Law
Laws Affected:
Add §3462, Ins L

2023-A7910A (ACTIVE) - Summary

Prohibits insurance discrimination because of the affordability of residential buildings.

2023-A7910A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7910--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced  by  M. of A. WEPRIN, REYES, GALLAGHER, LEVENBERG, LEE, SHIM-
   SKY,  GUNTHER,  DICKENS,  GONZALEZ-ROJAS,  BURDICK,   HEVESI,   LUCAS,
   SEAWRIGHT,  AUBRY,  CRUZ,  LUNSFORD,  GLICK,  ARDILA, SIMONE, WALLACE,
   SEPTIMO -- read once and referred to the  Committee  on  Insurance  --
   recommitted  to the Committee on Insurance 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 insurance law, in relation to prohibiting discrimi-
   nation because of the affordability of residential buildings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The insurance law is amended by adding a new section 3462
 to read as follows:
   § 3462. AFFORDABLE HOUSING UNDERWRITING AND RATING.   (A)  AN  INSURER
 THAT  ISSUES  OR  DELIVERS  IN THIS STATE A POLICY OF INSURANCE COVERING
 LOSS OF OR DAMAGE TO REAL  PROPERTY  CONTAINING  UNITS  FOR  RESIDENTIAL
 PURPOSES SHALL NOT INQUIRE ABOUT ON AN APPLICATION, NOR SHALL AN INSURER
 CANCEL,  REFUSE  TO  ISSUE, REFUSE TO RENEW OR INCREASE THE PREMIUM OF A
 POLICY, OR EXCLUDE, LIMIT, RESTRICT, OR REDUCE COVERAGE UNDER  A  POLICY
 BASED ON, THE FOLLOWING:
   (1)  THE  RESIDENTIAL  BUILDING  CONTAINS DWELLING UNITS THAT SHALL BE
 AFFORDABLE TO RESIDENTS AT A SPECIFIC INCOME LEVEL PURSUANT TO A STATUE,
 REGULATION, REGULATORY  AGREEMENT  OR  RESTRICTIVE  DECLARATION  WITH  A
 LOCAL, STATE, OR FEDERAL GOVERNMENT ENTITY;
   (2)  THE  REAL  PROPERTY OWNER OR TENANTS OF SUCH RESIDENTIAL BUILDING
 RECEIVE RENTAL ASSISTANCE PROVIDED BY A LOCAL, STATE, OR FEDERAL GOVERN-
 MENT ENTITY WHEREIN THE TENANT'S PORTION OF THE RENT  IS  LIMITED  TO  A
 PERCENTAGE OF SUCH TENANT'S INCOME;
   (3)  THE  LEVEL  OR SOURCE OF INCOME OF THE REAL PROPERTY OWNER OR THE
 TENANTS OF THE RESIDENTIAL BUILDING; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10702-06-4
 A. 7910--A                          2

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