Bill Text: NY S00112 | 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: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2022-02-28 - referred to housing [S00112 Detail]

Download: New_York-2021-S00112-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           112

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02063-01-1
        S. 112                              2

     1  organization or individual contracted by the attorney general to perform
     2  fair  housing  testing  under  this  section shall not be precluded from
     3  pursuing any and all remedies available  under  law  for  any  potential
     4  discrimination  found  as a result of fair housing testing done pursuant
     5  to this section.
     6    § 3. This act shall take effect on the ninetieth day  after  it  shall
     7  have become a law.