The Real Estate Industry takes discrimination very seriously and upholds its brokers, associate brokers, and licensed salespeople to very high standards. Every individual has the right to equal housing opportunities. In fact, when of the most rewarding aspects of working in this industry in a place like New York City is meeting so many different people and experience the great diversity of the city.
The New York Department of State and the Division of Human Rights have partnered vigorously in conjunction with the Governor’s office to ensure that New York State fair housing laws are enforced.
Starting June 20th, 2020, the Department of State is enforcing new regulations that require real estate licensees to provide a fair housing disclosure form. These changes come at a time of civil unrest that is sweeping the nation. We are proud to be apart of the real estate community at Compass which is taking this very seriously and are pleased by the pressure the Department of State has put on the NYS Real Estate board to ensure it is enforced.
What’s Changing on June 20th?
Starting June 20th, the New York Department of state is making it mandatory that your broker provide you with a fair housing disclosure form to ensure you know your options if you feel that discrimination occurred while looking for housing.
Per the adopted text added to Title 19 of the NYCRR:
Under subsection (a) of Section 175.28, “[a] real estate broker shall be responsible to ensure that each individual licensed pursuant to Article 12-A of the New York Real Property Law and associated with such broker provides to a prospective purchaser, tenant, seller, or landlord upon first substantive contact a disclosure notice furnished by the Department….” This new disclosure (the “Disclosure”) which sets forth references to relevant provisions of the New York State Human Rights Law, also provides the consumer with the necessary information as to how to file a complaint for housing discrimination. A copy of the new disclosure is located on the New York State Department of State website [see here]
What Else Do I Need to Know about the Changes Starting June 20th?
The full adopted text for the Title 19 Amendment to NYCRR can be read on the Department of State Website. The new Fair Housing regulation provide for additional requirements in addition to the disclosure form which can be read within the adopted text.
Highlights of additional requirements include:
-Disclosure Requirement applies to all real property types
-Record keeping requirements for Disclosure forms to be maintained for no less than three years
-Fair Housing Notice must be displayed at Open Houses
-Fair Housing Notice to be posted on websites maintained by real estate brokers, associated real estate brokers, and salespersons - You can easily access the notice on our site within our contact info at the bottom of our page
What Characteristics are Protected Under Federal, State, and Local Fair Housing Laws?
Federal, State and Local Fair Housing Laws protect individuals from housing discrimination. It is unlawful to discriminate based on certain protected characteristics, which include, but are not limited to: race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income or familial status
The New York Human Rights Law prohibits discrimination in housing based upon an individual’s:
Age
Creed
Race
Color
Sex
Sexual Orientation
National Origin
Marital Status
Domestic Violence VictimStatus
Disability
Military Status
Familial Status
Gender Identity
Source of Income