STATE OF NEW YORK ________________________________________________________________________ 5230 2023-2024 Regular Sessions IN SENATE February 27, 2023 ___________ Introduced by Sens. THOMAS, ADDABBO, HARCKHAM, KAVANAGH, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 42 to read as follows: 3 42. 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03231-01-3

S. 5230 2 1 fair housing testing under this section shall not be precluded from 2 pursuing any and all remedies available under law for any potential 3 discrimination found as a result of fair housing testing done pursuant 4 to this section. 5 § 3. This act shall take effect on the ninetieth day after it shall 6 have become a law.

Requires annual fair housing testing

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