Bill Text: NY A04665 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to requiring annual fair housing testing; defines fair housing testing; requires the attorney general to conduct yearly fair housing testing to ensure compliance with the human rights law.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2022-01-05 - referred to housing [A04665 Detail]

Download: New_York-2021-A04665-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4665

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
          tee on Housing

        AN  ACT to amend the executive law, in relation to requiring annual fair
          housing testing

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 292 of the executive law is amended by adding a new
     2  subdivision 39 to read as follows:
     3    39. The term "fair housing testing" shall mean a covert housing inves-
     4  tigation  to  gather  evidence of compliance with this article involving
     5  one or more persons who initiate contact with another person  or  entity
     6  for  the purpose of comparing how members and non-members of a protected
     7  class, as defined by this article, who are otherwise similarly  situated
     8  are  treated.  The investigation may also include comparing the observed
     9  conduct or business practices to the requirements of fair  housing  laws
    10  and  analysis  of any publicly available data to identify discriminatory
    11  fair housing practices.
    12    § 2. The executive law is amended by adding a  new  section  295-a  to
    13  read as follows:
    14    §  295-a.  Fair  housing  testing.  The attorney general shall conduct
    15  yearly fair housing testing to ensure compliance with this article.  The
    16  results  of  such fair housing testing shall be reported annually to the
    17  governor and the legislature, including the number  of  tests  conducted
    18  each year, the number of instances of possible discrimination found as a
    19  result  of such testing, and any resulting enforcement action brought as
    20  a result of such testing. The attorney general may contract  to  a  non-
    21  profit  organization  that  operates a full-service fair housing program
    22  and has expertise in conducting fair housing testing for  at  least  two
    23  years  to  execute  any  portion  or  all of the fair housing tests. Any
    24  organization or individual contracted by the attorney general to perform
    25  fair housing testing under this section  shall  not  be  precluded  from

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02063-01-1
        A. 4665                             2

     1  pursuing  any  and  all  remedies  available under law for any potential
     2  discrimination found as a result of fair housing testing  done  pursuant
     3  to this section.
     4    §  3.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.