³ 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 or legal liability of an owner of such real property, 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
statute, regulation, restrictive declaration, or regulatory agreement
with a local, state, or federal government entity;

(2) The real property owner or tenants of such residential building or
the shareholders of a cooperative housing corporation receive rental
assistance provided by a local, state, or federal government entity,
including, but not limited to, the receipt of federal vouchers issued
under section eight of the United States Housing Act of 1937(42 U.S.C. ³
1437f);

(3) The level or source of income of the tenants of the residential
building or the shareholders of a cooperative housing corporation; or

(4) Whether such residential building is owned by a limited-equity
cooperative; owned by a public housing authority; or owned by a
cooperative housing corporation subject to the provisions of article
two, article four, article five or article eleven of the private housing
finance law.

(b) Nothing in this section shall prohibit an insurer from canceling,
refusing to issue, refusing to renew, or increasing the premium of, an
insurance policy, or excluding, limiting, restricting, or reducing
coverage under such policy, due to other factors that are permitted or
not prohibited by any other section of this chapter.