State Requires New Fair Housing and Anti-Discrimination Form

New fair housing regulations in New York (19 NYCRR Sections 175.28, 175.29, and 177.9) took effect on June 20, 2020. They require real estate agents (i.e., real estate brokers, licensed real estate salespersons, or licensed associate brokers) to provide the New York State Housing and Anti-Discrimination Disclosure Form to all prospective purchasers, tenants, sellers, or landlords at the time of their first substantive contact. The burden of this regulation falls upon real estate agents. Unless an independent senior housing operator uses licensed real estate agents to market and lease its units, these requirements would not apply to the operator. Conversely, any member independent housing operators that utilize licensed real estate agents on their in-house sales team would be required to utilize the Disclosure Form and adhere to the other requirements.

The Disclosure Form applies to agents involved in all types of property transactions, including residential properties (i.e., individual homes, condominiums, and cooperative apartments), commercial properties, new construction, and vacant land (including unimproved real property upon which such dwellings are to be constructed). Records pertaining to the presentation of the Disclosure Form (signed acknowledgment by the customer if on paper, or an affirmation from the agent that the form was provided electronically or by fax but not signed) must be maintained for at least three years by law, but agents are encouraged to retain such records indefinitely.

The new fair housing regulations also require posting of a Fair Housing Notice on real estate agency websites, at real estate offices, and during open houses. The new regulations also require video recording of fair housing courses as part of the Continuing Education requirements for real estate licensees in New York. The regulations were approved by the New York State Real Estate Board on Dec. 16, 2019, and a notice of their final adoption was posted in the May 6, 2020 issue of the New York State Register, beginning on page 10.

Contact: Dan Heim, dheim@leadingageny.org, 518-867-8866