What's happening
This bill requires real estate brokers and salespersons to collect and report client demographic data and service outcomes to the state.
Why it matters
Aims to uncover patterns in real estate service delivery. by requiring brokers and agents to collect demographic and transaction outcome data, potentially revealing disparities based on race, ethnicity, or gender.
Enables state oversight and accountability. by mandating annual data submission and the creation of a searchable database accessible to key government officials, facilitating investigations into discrimination or bias in the housing market.
Protects client privacy while increasing transparency. , as all public reports must use anonymized data unless a client consents to disclosure, balancing civil rights monitoring with individual confidentiality.
May influence industry practices and future policy. by generating annual public reports that aggregate demographic trends and service outcomes, providing a factual basis for reforms in fair housing enforcement and real estate regulation.
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Who cares
Headline styles
Track Real Estate Client Demographics
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 27
2 Co-sponsors
History
- Reported and committed to finance
- Referred to judiciary
- Reported and committed to finance
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
951
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. KAVANAGH, BRISPORT, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the real property law, in relation to requiring the secretary of state to require that real estate brokers and salespersons compile and disclose certain demographic information
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The real property law is amended by adding a new section 442-m to read as follows:
§ 442-m. Collection and disclosure of demographic information. 1. (a) Every real estate broker or salesperson licensed in this state shall request, in a manner consistent with any regulations adopted by the secretary of state, the voluntarily disclosure of demographic information from each client of such broker or salesperson who is a prospective home purchaser, including the full name, race, ethnicity and gender of each such client, and other demographic information as the secretary of state may determine is necessary, and shall record and retain such information for a period of two years; provided that the client's production of or refusal to produce such information shall not affect the provision of services to the client.
(b) For each such client, such broker or salesperson shall record the results of the services provided by such broker or salesperson in this state, including properties listed, properties shown, the location of such properties, and the disposition of every offer received by such broker with respect to a transaction, including whether the offer was accepted or rejected and whether a closing occurred, and shall retain such information for a period of two years.
(c) Every such broker or salesperson shall submit, or cause to be submitted through a brokerage business with which such broker or sales-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02370-01-5
person is associated, a summary of the information recorded pursuant to this subdivision to the department of state in a manner prescribed by the secretary of state. Such submission shall be due annually by the first day of March for the preceding calendar year.
2. The secretary of state shall establish and maintain a database of all information submitted pursuant to subdivision one of this section and shall make such data available to the governor, the attorney general, the temporary president of the senate, and the speaker of the assembly upon request. All such data shall be maintained in a format that can be searched by location, by real estate broker or salesperson, and by any brokerage business with which such broker or salesperson may be associated. Such database shall not be disclosed to a member of the public unless the data has been anonymized to protect the identity of the clients.
3. The secretary of state shall issue an annual report to the governor, the attorney general, the temporary president of the senate, and the speaker of the assembly, and make such report available on the public website of the department of state, on the aggregate demographic data of clients and the results of services reported pursuant to subdivision one of this section. Such report shall be due by the first day of May of each year and shall cover clients served by brokers or salespersons during the preceding calendar year and any other information or analysis that the secretary of state may determine appropriate. Such report shall not include the identity of any client without such client's consent.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the real property law, in relation to requiring the secretary of state to require that real estate brokers and salespersons compile and disclose certain demographic information
Purpose or general idea of bill
Requires the Secretary of State to collect from real estate brokers and salespersons the demographic data of their clients. Requires the
Secretary of State to maintain a database of and issue an annual report of this information.
Summary of provisions
Section 1 amends the real property law by adding a new section 442-m. This section requires real estate brokers to compile demographic infor- mation about each of their clients and the ultimate dispositions of their clients' interactions on a yearly basis and annually provide this information to the Department of State in a manner prescribed by the Secretary of State. Real estate brokers shall retain such information for a period of two years. The Secretary of State shall maintain a data- base of this information and provide it annually to the Governor, Attor- ney General, temporary president of the Senate, and the speaker of the Assembly. The information shall not be disclosed to the public unless the data has been anonymized. The
Secretary of State shall issue an annual report to the Governor, Attor- ney General, temporary president of the Senate, and the speaker of the Assembly, and make such report available to the public.
Section 2 sets forth the effective date.
Justification
Outside oversight is necessary to ensure those in the real estate indus- try are meeting their fair housing obligations. One possible tool to ensure standards are met would be the statewide collection of data on demographics of prospective homebuyers and renters who seek the advice of real estate brokers and agents and the outcomes of their inter- actions. This bill will act similarly to the federal Home Mortgage Disclosure Act, which requires every mortgage lender to disclose data to the federal government on every application received including the applicant's basic demographic information, the application decision, and, where applicable, the price of the loan. Requiring brokers to disclose demographic information regarding their clients would help to identify potentially discriminatory patterns, implicit biases, and other concerning indicators.
It is imperative that the State be proactive in eliminating housing discrimination and affirmatively identify bad actors. Developing, main- taining, and monitoring such data in a timely manner will allow the State to better understand the dynamics of the housing market as experi- enced by people of various races and ethnicities, and will enable both the state and realty firms to review their progress in promoting fair housing goals and treating clients equally without regard for their race or ethnicity.
Prior legislative history
2024: S2352 (Kavanagh) - PASSED SENATE /A10386 (Bichotte Hermelyn) - referred to judiciary
2023: S2352 (Kavanagh) - PASSED SENATE
2022: S2525A (Kavanagh) - PASSED SENATE
2021: S2525A (Kavanagh) - PASSED SENATE
Fiscal implications
There will be costs associated with collecting, maintaining, and publishing data incurred by the Secretary of State.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the adoption, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.