S 8452: Enacts the regulating equality in neighborhood tenancy act; prohibits discrimination in housing based on credit scores.

  
  STATE OF NEW YORK ________________________________________________________________________ 8452 2025-2026 Regular Sessions  IN SENATE July 9, 2025 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, the real property law, the general business law and the civil rights law, in relation to enacting the "regulating equality in neighborhood tenancy" act to prohibit discrim- ination in housing based on credit scores The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "regulating 2 equality in neighborhood tenancy" act. 3 § 2. Subdivision 2 of section 291 of the executive law, as amended by 4 chapter 8 of the laws of 2019, is amended to read as follows: 5 2. The opportunity to obtain education, the use of places of public 6 accommodation and the ownership, use and occupancy of housing accommo- 7 dations and commercial space without discrimination because of age, 8 race, creed, color, national origin, sexual orientation, gender identity 9 or expression, military status, sex, marital status, [or] disability, or 10 credit score, as specified in section two hundred ninety-six of this 11 article, is hereby recognized as and declared to be a civil right. 12 § 3. Paragraphs (a), (b), (c), and (c-1) of subdivision 2-a of section 13 296 of the executive law, as separately amended by chapters 202 and 748 14 of the laws of 2022, are amended to read as follows: 15 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 16 hold from any person or group of persons such housing accommodations 17 because of the race, creed, color, disability, national origin, citizen- 18 ship or immigration status, sexual orientation, gender identity or 19 expression, military status, age, sex, marital status, status as a 20 victim of domestic violence, lawful source of income [or], familial 21 status or credit score of such person or persons, or to represent that 22 any housing accommodation or land is not available for inspection, sale, 23 rental or lease when in fact it is so available. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13439-01-5 
 S. 8452 2 1 (b) To discriminate against any person because of [his or her] their 2 race, creed, color, disability, national origin, citizenship or immi- 3 gration status, sexual orientation, gender identity or expression, mili- 4 tary status, age, sex, marital status, status as a victim of domestic 5 violence, lawful source of income [or], familial status or credit score 6 in the terms, conditions or privileges of any publicly-assisted housing 7 accommodations or in the furnishing of facilities or services in 8 connection therewith. 9 (c) To cause to be made any written or oral inquiry or record concern- 10 ing the race, creed, color, disability, national origin, citizenship or 11 immigration status, sexual orientation, gender identity or expression, 12 membership in the reserve armed forces of the United States or in the 13 organized militia of the state, age, sex, marital status, status as a 14 victim of domestic violence, lawful source of income [or], familial 15 status or credit score of a person seeking to rent or lease any public- 16 ly-assisted housing accommodation; provided, however, that nothing in 17 this subdivision shall prohibit a member of the reserve armed forces of 18 the United States or in the organized militia of the state from volun- 19 tarily disclosing such membership. 20 (c-1) To print or circulate or cause to be printed or circulated any 21 statement, advertisement or publication, or to use any form of applica- 22 tion for the purchase, rental or lease of such housing accommodation or 23 to make any record or inquiry in connection with the prospective 24 purchase, rental or lease of such a housing accommodation which 25 expresses, directly or indirectly, any limitation, specification or 26 discrimination as to race, creed, color, national origin, citizenship or 27 immigration status, sexual orientation, gender identity or expression, 28 military status, sex, age, disability, marital status, status as a 29 victim of domestic violence, lawful source of income [or], familial 30 status or credit score, or any intent to make any such limitation, spec- 31 ification or discrimination. 32 § 4. Subdivision 3-b of section 296 of the executive law, as separate- 33 ly amended by chapters 202 and 748 of the laws of 2022, is amended to 34 read as follows: 35 3-b. It shall be an unlawful discriminatory practice for any real 36 estate broker, real estate salesperson or employee or agent thereof or 37 any other individual, corporation, partnership or organization for the 38 purpose of inducing a real estate transaction from which any such person 39 or any of its stockholders or members may benefit financially, to repre- 40 sent that a change has occurred or will or may occur in the composition 41 with respect to race, creed, color, national origin, citizenship or 42 immigration status, sexual orientation, gender identity or expression, 43 military status, sex, disability, marital status, status as a victim of 44 domestic violence, [or] familial status or credit score, of the owners 45 or occupants in the block, neighborhood or area in which the real prop- 46 erty is located, and to represent, directly or indirectly, that this 47 change will or may result in undesirable consequences in the block, 48 neighborhood or area in which the real property is located, including 49 but not limited to the lowering of property values, an increase in crim- 50 inal or anti-social behavior, or a decline in the quality of schools or 51 other facilities. 52 § 5. Subdivision 5 of section 296 of the executive law, as separately 53 amended by chapters 202 and 748 of the laws of 2022, is amended to read 54 as follows: 55 5. (a) It shall be an unlawful discriminatory practice for the owner, 56 lessee, sub-lessee, assignee, or managing agent of, or other person 
 S. 8452 3 1 having the right to sell, rent or lease a housing accommodation, 2 constructed or to be constructed, or any agent or employee thereof: 3 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 4 from any person or group of persons such a housing accommodation because 5 of the race, creed, color, national origin, citizenship or immigration 6 status, sexual orientation, gender identity or expression, military 7 status, sex, age, disability, marital status, status as a victim of 8 domestic violence, lawful source of income [or], familial status or 9 credit score, of such person or persons, or to represent that any hous- 10 ing accommodation or land is not available for inspection, sale, rental 11 or lease when in fact it is so available. 12 (2) To discriminate against any person because of race, creed, color, 13 national origin, citizenship or immigration status, sexual orientation, 14 gender identity or expression, military status, sex, age, disability, 15 marital status, status as a victim of domestic violence, lawful source 16 of income [or], familial status or credit score, in the terms, condi- 17 tions or privileges of the sale, rental or lease of any such housing 18 accommodation or in the furnishing of facilities or services in 19 connection therewith. 20 (3) To print or circulate or cause to be printed or circulated any 21 statement, advertisement or publication, or to use any form of applica- 22 tion for the purchase, rental or lease of such housing accommodation or 23 to make any record or inquiry in connection with the prospective 24 purchase, rental or lease of such a housing accommodation which 25 expresses, directly or indirectly, any limitation, specification or 26 discrimination as to race, creed, color, national origin, citizenship or 27 immigration status, sexual orientation, gender identity or expression, 28 military status, sex, age, disability, marital status, status as a 29 victim of domestic violence, lawful source of income [or], familial 30 status or credit score, or any intent to make any such limitation, spec- 31 ification or discrimination. 32 (4) (i) The provisions of subparagraphs one and two of this paragraph 33 shall not apply (1) to the rental of a housing accommodation in a build- 34 ing which contains housing accommodations for not more than two families 35 living independently of each other, if the owner resides in one of such 36 housing accommodations, (2) to the restriction of the rental of all 37 rooms in a housing accommodation to individuals of the same sex or (3) 38 to the rental of a room or rooms in a housing accommodation, if such 39 rental is by the occupant of the housing accommodation or by the owner 40 of the housing accommodation and the owner resides in such housing 41 accommodation or (4) solely with respect to age and familial status to 42 the restriction of the sale, rental or lease of housing accommodations 43 exclusively to persons sixty-two years of age or older and the spouse of 44 any such person, or for housing intended and operated for occupancy by 45 at least one person fifty-five years of age or older per unit. In deter- 46 mining whether housing is intended and operated for occupancy by persons 47 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 48 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 49 apply. However, such rental property shall no longer be exempt from the 50 provisions of subparagraphs one and two of this paragraph if there is 51 unlawful discriminatory conduct pursuant to subparagraph three of this 52 paragraph. 53 (ii) The provisions of subparagraphs one, two, and three of this para- 54 graph shall not apply (1) to the restriction of the rental of all rooms 55 in a housing accommodation to individuals of the same sex, (2) to the 56 rental of a room or rooms in a housing accommodation, if such rental is 
 S. 8452 4 1 by the occupant of the housing accommodation or by the owner of the 2 housing accommodation and the owner resides in such housing accommo- 3 dation, or (3) solely with respect to age and familial status to the 4 restriction of the sale, rental or lease of housing accommodations 5 exclusively to persons sixty-two years of age or older and the spouse of 6 any such person, or for housing intended and operated for occupancy by 7 at least one person fifty-five years of age or older per unit. In deter- 8 mining whether housing is intended and operated for occupancy by persons 9 fifty-five years of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 10 (b) (2) (c)) of the federal Fair Housing Act of 1988, as amended, shall 11 apply. 12 (b) It shall be an unlawful discriminatory practice for the owner, 13 lessee, sub-lessee, or managing agent of, or other person having the 14 right of ownership or possession of or the right to sell, rent or lease, 15 land or commercial space: 16 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 17 from any person or group of persons land or commercial space because of 18 the race, creed, color, national origin, citizenship or immigration 19 status, sexual orientation, gender identity or expression, military 20 status, sex, age, disability, marital status, status as a victim of 21 domestic violence, [or] familial status or credit score, of such person 22 or persons, or to represent that any housing accommodation or land is 23 not available for inspection, sale, rental or lease when in fact it is 24 so available; 25 (2) To discriminate against any person because of race, creed, color, 26 national origin, citizenship or immigration status, sexual orientation, 27 gender identity or expression, military status, sex, age, disability, 28 marital status, status as a victim of domestic violence, [or] familial 29 status or credit score, in the terms, conditions or privileges of the 30 sale, rental or lease of any such land or commercial space; or in the 31 furnishing of facilities or services in connection therewith; 32 (3) To print or circulate or cause to be printed or circulated any 33 statement, advertisement or publication, or to use any form of applica- 34 tion for the purchase, rental or lease of such land or commercial space 35 or to make any record or inquiry in connection with the prospective 36 purchase, rental or lease of such land or commercial space which 37 expresses, directly or indirectly, any limitation, specification or 38 discrimination as to race, creed, color, national origin, citizenship or 39 immigration status, sexual orientation, gender identity or expression, 40 military status, sex, age, disability, marital status, status as a 41 victim of domestic violence, [or] familial status or credit score; or 42 any intent to make any such limitation, specification or discrimination. 43 (4) With respect to age and familial status, the provisions of this 44 paragraph shall not apply to the restriction of the sale, rental or 45 lease of land or commercial space exclusively to persons fifty-five 46 years of age or older and the spouse of any such person, or to the 47 restriction of the sale, rental or lease of land to be used for the 48 construction, or location of housing accommodations exclusively for 49 persons sixty-two years of age or older, or intended and operated for 50 occupancy by at least one person fifty-five years of age or older per 51 unit. In determining whether housing is intended and operated for occu- 52 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 53 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 54 amended, shall apply. 55 (c) It shall be an unlawful discriminatory practice for any real 56 estate broker, real estate salesperson or employee or agent thereof: 
 S. 8452 5 1 (1) To refuse to sell, rent or lease any housing accommodation, land 2 or commercial space to any person or group of persons or to refuse to 3 negotiate for the sale, rental or lease, of any housing accommodation, 4 land or commercial space to any person or group of persons because of 5 the race, creed, color, national origin, citizenship or immigration 6 status, sexual orientation, gender identity or expression, military 7 status, sex, age, disability, marital status, status as a victim of 8 domestic violence, lawful source of income [or], familial status or 9 credit score, of such person or persons, or to represent that any hous- 10 ing accommodation, land or commercial space is not available for 11 inspection, sale, rental or lease when in fact it is so available, or 12 otherwise to deny or withhold any housing accommodation, land or commer- 13 cial space or any facilities of any housing accommodation, land or 14 commercial space from any person or group of persons because of the 15 race, creed, color, national origin, citizenship or immigration status, 16 sexual orientation, gender identity or expression, military status, sex, 17 age, disability, marital status, lawful source of income [or], familial 18 status or credit score, of such person or persons. 19 (2) To print or circulate or cause to be printed or circulated any 20 statement, advertisement or publication, or to use any form of applica- 21 tion for the purchase, rental or lease of any housing accommodation, 22 land or commercial space or to make any record or inquiry in connection 23 with the prospective purchase, rental or lease of any housing accommo- 24 dation, land or commercial space which expresses, directly or indirect- 25 ly, any limitation, specification, or discrimination as to race, creed, 26 color, national origin, citizenship or immigration status, sexual orien- 27 tation, gender identity or expression, military status, sex, age, disa- 28 bility, marital status, status as a victim of domestic violence, lawful 29 source of income [or], familial status or credit score; or any intent to 30 make any such limitation, specification or discrimination. 31 (3) With respect to age and familial status, the provisions of this 32 paragraph shall not apply to the restriction of the sale, rental or 33 lease of any housing accommodation, land or commercial space exclusively 34 to persons fifty-five years of age or older and the spouse of any such 35 person, or to the restriction of the sale, rental or lease of any hous- 36 ing accommodation or land to be used for the construction or location of 37 housing accommodations for persons sixty-two years of age or older, or 38 intended and operated for occupancy by at least one person fifty-five 39 years of age or older per unit. In determining whether housing is 40 intended and operated for occupancy by persons fifty-five years of age 41 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 42 federal Fair Housing Act of 1988, as amended, shall apply. 43 (d) It shall be an unlawful discriminatory practice for any real 44 estate board, because of the race, creed, color, national origin, citi- 45 zenship or immigration status, sexual orientation, gender identity or 46 expression, military status, age, sex, disability, marital status, 47 status as a victim of domestic violence, lawful source of income [or], 48 familial status or credit score, of any individual who is otherwise 49 qualified for membership, to exclude or expel such individual from 50 membership, or to discriminate against such individual in the terms, 51 conditions and privileges of membership in such board. 52 (e) It shall be an unlawful discriminatory practice for the owner, 53 proprietor or managing agent of, or other person having the right to 54 provide care and services in, a private proprietary nursing home, conva- 55 lescent home, or home for adults, or an intermediate care facility, as 56 defined in section two of the social services law, heretofore 
 S. 8452 6 1 constructed, or to be constructed, or any agent or employee thereof, to 2 refuse to provide services and care in such home or facility to any 3 individual or to discriminate against any individual in the terms, 4 conditions, and privileges of such services and care solely because such 5 individual is a blind person. For purposes of this paragraph, a "blind 6 person" shall mean a person who is registered as a blind person with the 7 commission for the visually handicapped and who meets the definition of 8 a "blind person" pursuant to section three of chapter four hundred 9 fifteen of the laws of nineteen hundred thirteen entitled "An act to 10 establish a state commission for improving the condition of the blind of 11 the state of New York, and making an appropriation therefor". 12 (f) The provisions of this subdivision, as they relate to age, shall 13 not apply to persons under the age of eighteen years. 14 (g) It shall be an unlawful discriminatory practice for any person 15 offering or providing housing accommodations, land or commercial space 16 as described in paragraphs (a), (b), and (c) of this subdivision to make 17 or cause to be made any written or oral inquiry or record concerning 18 membership of any person in the state organized militia in relation to 19 the purchase, rental or lease of such housing accommodation, land, or 20 commercial space, provided, however, that nothing in this subdivision 21 shall prohibit a member of the state organized militia from voluntarily 22 disclosing such membership. 23 § 6. The real property law is amended by adding a new section 227-g to 24 read as follows: 25 § 227-g. Denial on the basis of credit score prohibited. 1. No person, 26 firm or corporation owning or managing any building used for dwelling 27 purposes, or the agent of such person, firm or corporation, shall refuse 28 to rent or offer a lease to a potential tenant solely on the basis of 29 the potential tenant's credit score. An applicant for a residential 30 lease shall be evaluated on multiple qualifying factors including, but 31 not limited to: 32 a. income level and stability; 33 b. employment history; 34 c. prior rental history; 35 d. references from previous landlords; and 36 e. other relevant criteria that support the tenant's ability to 37 fulfill rental obligations. 38 2. There shall be a rebuttable presumption of a violation of this 39 section if it is established that the person, firm or corporation 40 requested the credit score of a potential tenant and subsequently 41 refuses to rent or offer a lease to the potential tenant. 42 3. Whenever the attorney general shall believe from satisfactory 43 evidence that any person, firm, corporation or agent or employee thereof 44 has violated subdivision one of this section, they may bring an action 45 or special proceeding in the supreme court for a judgment enjoining the 46 continuance of such violation and for a civil penalty of not less than 47 one thousand dollars, but not more than five thousand dollars for each 48 violation. 49 § 7. Section 233 of the real property law is amended by adding a new 50 subdivision z to read as follows: 51 z. A manufactured home park owner may only use credit scores in 52 conjunction with other qualifying factors such as employment history and 53 monthly wages in making determinations of tenancy or rental agreements 54 under this section. 55 § 8. The general business law is amended by adding a new section 397-c 56 to read as follows: 
 S. 8452 7 1 § 397-c. Prohibition on exclusive use of credit score in rental agree- 2 ments. 1. No landlord or property owner shall refuse to rent, lease or 3 otherwise provide housing to any person based solely on the credit 4 score of such person. 5 2. A landlord shall evaluate rental applications based on a combina- 6 tion of factors, including but not limited to income level and verifica- 7 tion, prior rental history, and personal references, in addition to 8 credit scores. 9 3. Landlords shall disclose to applicants the criteria used for eval- 10 uating rental applications, ensuring that credit scores are not the only 11 measure of eligibility. 12 4. A violation of this section shall result in penalties, including 13 fines and a civil action for damages incurred by the affected applicant. 14 § 9. Section 18-c of the civil rights law, as added by chapter 287 of 15 the laws of 1950, is amended to read as follows: 16 § 18-c. Discrimination prohibited. It shall be unlawful: 17 1. For the owner of any publicly assisted housing accommodation to 18 refuse to rent or lease or otherwise to deny to or withhold from any 19 person or group of persons such housing accommodation because of the 20 race, color, religion, national origin or ancestry, or credit score of 21 such person or persons. 22 2. For the owner of any publicly assisted housing accommodation to 23 discriminate against any person because of the race, color, religion, 24 national origin or ancestry, or credit score of such person in the 25 terms, conditions or privileges of any publicly assisted housing accom- 26 modations or in the furnishing of facilities or services in connection 27 therewith. 28 3. For any person to cause to be made any written or oral inquiry 29 concerning the race, color, religion, national origin or ancestry of a 30 person seeking to rent or lease any [publicly assisted] housing accommo- 31 dation. 32 § 10. Subdivision 17 of section 295 of the executive law, as added by 33 chapter 701 of the laws of 2021, is amended to read as follows: 34 17. To establish a dedicated telephone line to provide assistance to 35 individuals with complaints of housing discrimination, including claims 36 of discrimination based on the unlawful use of credit scores in denying 37 applications for rental or lease of residential property. Such assist- 38 ance shall include, but not be limited to, directing individuals to 39 resources available to the public regarding housing discrimination. The 40 division shall operate such dedicated telephone line during regular 41 business hours and shall post the telephone number for such dedicated 42 phone line on the website of the division. The commissioner is hereby 43 authorized and directed to promulgate rules and regulations to effectu- 44 ate the purposes of this subdivision. 45 § 11. This act shall take effect immediately; provided that section 46 ten of this act shall take effect on the ninetieth day after it shall 47 have become a law.