Requires real estate brokers and online housing platforms using virtual agents and AI tools to conduct a disparate impact analysis to assess the actual impact of any such virtual agent; requires such individuals to submit a summary of the most recent disparate impact analysis to the attorney general's office; requires online housing platforms using virtual agents to provide an option to communicate with a human representative; makes certain provisions requiring anti-discriminatory measures for virtual agents and AI tools.
S T A T E O F N E W Y O R K
________________________________________________________________________
9028
2025-2026 Regular Sessions
I N A S S E M B L Y
September 5, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the real property law, in relation to the use of virtual
agents and AI tools in property searches
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 440 of the real property law is amended by adding
four new subdivisions 7, 8, 9 and 10 to read as follows:
7. "VIRTUAL AGENT" MEANS AN AUTONOMOUS COMPUTATIONAL SYSTEM THAT
UTILIZES ARTIFICIAL INTELLIGENCE OR SIMILAR ALGORITHMIC SYSTEMS TO
INTERACT WITH USERS SEEKING PROPERTIES FOR SALE OR RENTAL PROPERTIES TO
FACILITATE THEIR SEARCH, INCLUDING BUT NOT LIMITED TO ANSWERING QUES-
TIONS, ACTING AS CHATBOTS, PROVIDING PROPERTY INFORMATION, OFFERING
RECOMMENDATIONS, GUIDING USERS THROUGH PROPERTIES VIA AUDIO AND VISUAL
EXPERIENCES INCLUDING VIRTUAL TOURS AND NARRATED WALKTHROUGHS, SCHEDUL-
ING VIEWINGS, AND ASSISTING WITH RENTAL HOUSING APPLICATIONS.
8. "ARTIFICIAL INTELLIGENCE TOOLS" OR "AI TOOLS" MEANS AN AUTONOMOUS
COMPUTATIONAL SYSTEM THAT USES ARTIFICIAL INTELLIGENCE OR SIMILAR ALGO-
RITHMIC SYSTEMS TO PROVIDE FUNCTIONS FOR AN ONLINE HOUSING PLATFORM,
OTHER THAN ACTING AS A VIRTUAL AGENT, INCLUDING BUT NOT LIMITED TO,
CAPTIONING SERVICES AND DISPLAYING HOUSING-RELATED ADVERTISEMENTS TO
USERS OF SUCH ONLINE HOUSING PLATFORM.
9. "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 AUTO-
MATED 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
CONDUCTED FOR A VIRTUAL AGENT SHALL ANALYZE (I) WHETHER SUCH VIRTUAL
AGENT'S ACTUAL OR PREDICTED OUTPUT DIFFERS BASED ON ONE OR MORE OF AN
INDIVIDUAL USER'S CHARACTERISTICS PROTECTED BY THE HUMAN RIGHTS LAW
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11157-06-5
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