Bill Text: NY A04040 | 2025-2026 | General Assembly | Introduced

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Bill Title: Codifies the disparate impact standard in the human rights law; provides that in cases of alleged housing discrimination, an unlawful discriminatory practice may be established by a practice's discriminatory effect, even if such practice was not motivated by a discriminatory intent.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2025-01-30 - referred to governmental operations [A04040 Detail]

Download: New_York-2025-A04040-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4040

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 30, 2025
                                       ___________

        Introduced  by  M.  of  A.  LASHER,  WRIGHT, P. CARROLL, EPSTEIN, GLICK,
          GONZALEZ-ROJAS, HEVESI, HOOKS, KELLES,  LEVENBERG,  O'PHARROW,  REYES,
          SHIMSKY, TAPIA, TORRES, ZACCARO, ZINERMAN -- read once and referred to
          the Committee on Governmental Operations

        AN  ACT  to amend the executive law, in relation to codifying the dispa-
          rate impact standard in the human rights law

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 296 of the executive law is amended by adding a new
     2  subdivision 5-a to read as follows:
     3    5-a.  (a)  For  any  case  alleging  housing discrimination under this
     4  section, an unlawful discriminatory practice may  be  established  by  a
     5  practice's  discriminatory  effect,  even if such practice was not moti-
     6  vated by a discriminatory intent. The practice may still  be  lawful  if
     7  supported by a legally sufficient justification, as defined in paragraph
     8  (c) of this subdivision.
     9    (b) For the purposes of this subdivision, a practice has a discrimina-
    10  tory  effect  where  it  actually  or predictably results in a disparate
    11  impact on a group of  persons  or  creates,  increases,  reinforces,  or
    12  perpetuates  segregated  housing patterns 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.
    17    (c) (1) A legally sufficient justification exists where the challenged
    18  practice:
    19    (i)  is  necessary  to  achieve  one  or more substantial, legitimate,
    20  nondiscriminatory interests of the respondent; and
    21    (ii) those interests could not be served by another practice that  has
    22  a less discriminatory effect.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05110-02-5
        A. 4040                             2

     1    (2)  A legally sufficient justification shall be supported by evidence
     2  and may not be hypothetical or speculative. The  burdens  of  proof  for
     3  establishing each of the two elements of a legally sufficient justifica-
     4  tion are set forth in paragraph (d) of this subdivision.
     5    (d)  (1) The complainant shall have the burden of proving that a chal-
     6  lenged practice  caused  or  predictably  will  cause  a  discriminatory
     7  effect.
     8    (2)  Once  the  complainant satisfies the burden of proof set forth in
     9  subparagraph one of this paragraph, the respondent shall have the burden
    10  of proving that the challenged practice is necessary to achieve  one  or
    11  more   substantial,   legitimate,  nondiscriminatory  interests  of  the
    12  respondent.
    13    (3) If the respondent satisfies the  burden  of  proof  set  forth  in
    14  subparagraph  two  of  this paragraph, the complainant may still prevail
    15  upon proving that the substantial, legitimate, nondiscriminatory  inter-
    16  ests supporting the challenged practice could be served by another prac-
    17  tice that has a less discriminatory effect.
    18    (e)  A  demonstration that a practice is supported by a legally suffi-
    19  cient justification, as defined in paragraph (c)  of  this  subdivision,
    20  may  not  be  used as a defense against a claim of intentional discrimi-
    21  nation.
    22    § 2. This act shall take effect immediately and  shall  apply  to  all
    23  cases  alleging  unlawful  discriminatory practices constituting housing
    24  discrimination occurring on and after  such  effective  date.  Effective
    25  immediately,  the addition, amendment and/or repeal of any rule or regu-
    26  lation necessary for the implementation of this  act  on  its  effective
    27  date are authorized to be made on or before such effective date.