New York State Requires Enhanced Disclosures for Real Estate to Prevent Housing Discrimination

Gov. Cuomo orders investigation of NYCHA
Gov. Cuomo orders investigation of NYCHA

The New York State has new regulations requiring enhanced disclosures for real estate professionals to help prevent housing discrimination statewide.

On Monday, Governor Andrew Cuomo said the new regulations approved by the New York State Real Estate Board ensure that prospective home buyers, renters, sellers and landlords receive sufficient information about their rights and protections under the state law.

Last month, Gov. Cuomo directed the New York Department of State to work with the Division of Human Rights to develop and implement new regulations to fight housing discrimination. His order was in response to a report regarding housing discrimination in Long Island.

New York State does not tolerate housing discrimination

“Housing discrimination is completely unacceptable and it’s also against the law. New York State is taking immediate action to help ensure renters and homeowners are protected from any and all discriminatory actions when it comes to safe, accessible housing,” said Gov. Cuomo in a statement.

In addition, the Governor stated, “These new regulations and protocols will help ensure anyone looking to rent or buy a home knows their rights so they don’t fall prey to unscrupulous real estate brokers and landlords.”

On other hand, Secretary of State Rossana Rosado said, “The Department of State takes all acts of discrimination seriously and works vigorously to enforce the Fair Housing Act as it relates to real estate professionals. These new regulations not only make it clear that discrimination will not be tolerated, they will also help New Yorkers better understand their rights when looking for a place to call home.”

Meanwhile, Division of Human Rights Commissioner Angela Fernandez stated, “The Division of Human Rights will vigorously enforce the new regulations as they relate to the real estate industry. All New Yorkers have the right to live free from discrimination and the Division will use every resource at its disposal to ensure fair housing opportunity for all.”

Requirements for real estate professionals

The new regulations require real estate brokers to make sure that every licensed professionals working under their supervision provides disclosure regarding New York State’s Fair Housing and Human Rights Laws to prospective home buyers, renters, sellers, and landlords.

The Department of State will make the disclosure available to relevant parties. Real estate professionals are required to place the disclosure at ever open house or real estate showing.

Real estate brokers are required to post and maintain a notice highlighting the protections regarding housing accommodations and how consumers can file complaints under the Human Rights Law. The notice must be visible at every real estate broker’s office, branch and websites.

Additionally, the new regulations require video recording and record preservation of every approved entity giving instruction regarding fair housing and/or discrimination in the sale or rental of property or an interest in real property. The approved entity must keep the recordings for one year.