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NY State Legislature· A6869-2025Signed by Governor

Prohibits discriminatory practices by real estate appraisers and furthers fair housing compliance, the official text

Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6869
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2025
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law and the state finance law, in relation
   to discriminatory practices by real estate appraisers and further fair
   housing compliance

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 42 to read as follows:
   42. THE TERM "REAL ESTATE APPRAISAL" SHALL HAVE THE SAME MEANING AS IN
 SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED  SIXTY-A  OF  THIS  CHAPTER.
 PROVIDED, HOWEVER, THAT (A) REAL ESTATE APPRAISALS SUBJECT TO THIS ARTI-
 CLE INCLUDE THOSE PERFORMED BY ANY PERSON OR ENTITY WHOSE BUSINESS HOLDS
 ITSELF OUT AS ENGAGING IN RESIDENTIAL REAL ESTATE APPRAISALS, REGARDLESS
 OF WHETHER OR NOT SUCH PERSON OR ENTITY  IS  CERTIFIED  OR  LICENSED  TO
 PROVIDE  REAL  ESTATE  APPRAISALS  PURSUANT TO THE PROVISIONS OF ARTICLE
 SIX-E OF THIS CHAPTER, AND (B) FOR THE PURPOSES  OF  THIS  ARTICLE,  THE
 REAL  ESTATE  APPRAISAL INCLUDES ALL ORAL COMMUNICATIONS AND ALL WRITTEN
 COMMENTS AND OTHER DOCUMENTS SUBMITTED  AS  SUPPORT  FOR  THE  ESTIMATE,
 OPINION OF VALUE, OR ANALYSIS.
   §  2.  Subdivision 5 of section 296 of the executive law is amended by
 adding a new paragraph (h) to read as follows:
   (H) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON  TO
 DISCRIMINATE AGAINST ANY INDIVIDUAL  IN  MAKING  REAL  ESTATE  APPRAISAL
 SERVICES  AVAILABLE  OR  TO  BASE  A REAL ESTATE APPRAISAL, ESTIMATE, OR
 OPINION OF VALUE ON  THE RACE, CREED, COLOR, NATIONAL  ORIGIN,  CITIZEN-
 SHIP  OR  IMMIGRATION  STATUS,  SEXUAL  ORIENTATION,  GENDER IDENTITY OR
 EXPRESSION, MILITARY  STATUS,  SEX,  AGE,  DISABILITY,  MARITAL  STATUS,
 STATUS  AS  A  VICTIM  OF DOMESTIC VIOLENCE, LAWFUL SOURCE OF INCOME, OR
 FAMILIAL STATUS OF EITHER THE PROSPECTIVE OWNERS  OR  OCCUPANTS  OF  THE
 REAL  PROPERTY, THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTY, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11019-01-5
 A. 6869                             2
 
 THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTIES IN  THE  VICINITY
 OF  THE  PROPERTY.  NOTHING IN THIS SECTION SHALL PROHIBIT A REAL ESTATE
 APPRAISER FROM TAKING INTO CONSIDERATION FACTORS OTHER THAN RACE, CREED,
 COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIEN-
 TATION,  GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, AGE, DISA-
 BILITY, MARITAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE,  LAWFUL
 SOURCE OF INCOME, OR FAMILIAL STATUS.
   §  3.  Subdivision 9 of section 160-e of the executive law, as amended
 by chapter 397 of the laws of 1991, is amended to read as follows:
   9. To suspend and revoke certificates  or  licenses  OR  IMPOSE  FINES
 pursuant to the disciplinary proceedings provided for in this article.
   §  4.  The  opening paragraph of subdivision 1 of section 160-u of the
 executive law, as amended by chapter 397 of the laws of 1991, is amended
 to read as follows:
   The rights of any holder under a state certificate as a  state  certi-
 fied real estate appraiser, or a license as a state licensed real estate
 appraiser,  may  be  revoked  or suspended, or the holder of the certif-
 ication or license may be otherwise disciplined in accordance  with  the
 provisions  of  this  article, upon any of the grounds set forth in this
 section.  AS AN ALTERNATIVE OR IN ADDITION TO SUCH SUSPENSION OR REVOCA-
 TION, A FINE NOT EXCEEDING TWO THOUSAND DOLLARS MAY BE  IMPOSED  ON  ANY
 HOLDER  OF  THE CERTIFICATION OR LICENSE, PROVIDED THAT FIFTY PERCENT OF
 ALL MONEYS RECEIVED BY THE DEPARTMENT OF STATE FOR SUCH FINES  SHALL  BE
 PAYABLE  TO THE ANTI-DISCRIMINATION IN HOUSING FUND ESTABLISHED PURSUANT
 TO SECTION EIGHTY-A OF THE STATE FINANCE LAW. The department may  inves-
 tigate  the  actions  of  a  state  certified  or  licensed  real estate
 appraiser, and may [revoke or suspend the rights of] SANCTION OR  OTHER-
 WISE DISCIPLINE a certificate or license holder [or otherwise discipline
 a  state  certified  or  licensed  real estate appraiser] for any of the
 following acts or omissions:
   § 5. Subdivision 1 of section 160-v of the executive law,  as  amended
 by chapter 241 of the laws of 1999, is amended to read as follows:
   1.  Before  suspending  or  revoking  any  certification or license OR
 IMPOSING ANY FINES ON A  HOLDER  OF  A  CERTIFICATION  OR  LICENSE,  the
 department  shall  notify  the  state  certified or licensed real estate
 appraiser or licensed real estate appraiser assistant in writing of  any
 charges  made at least twenty days prior to the date set for the hearing
 and shall afford [him or her] SUCH REAL ESTATE APPRAISER  OR  SUCH  REAL
 ESTATE  APPRAISER  ASSISTANT  an opportunity to be heard in person or by
 counsel.
   § 6. Subdivision 2 of section 160-w of the executive law,  as  amended
 by chapter 241 of the laws of 1999, is amended to read as follows:
   2.  If  the  department  determined that a state certified or licensed
 real estate appraiser or licensed real  estate  appraiser  assistant  is
 guilty of a violation of any of the provisions of this article, it shall
 prepare  a  finding  of fact and recommend that such appraiser be repri-
 manded [or], that  [his  or  her]  THEIR  certification  or  license  be
 suspended  or  revoked, AND/OR INDICATE WHETHER A FINE SHALL BE IMPOSED.
 The decision and order of the department shall be final.
   § 7. Subdivisions 2 and 3 of section 80-a of the  state  finance  law,
 subdivision  2  as added by chapter 687 of the laws of 2021 and subdivi-
 sion 3 as amended by chapter 89 of the laws of 2022, are amended to read
 as follows:
   2. The anti-discrimination in housing fund  shall  consist  of  moneys
 appropriated thereto, moneys transferred from any other fund or sources,
 FIFTY  PERCENT OF ALL FINES AND FORFEITURES COLLECTED PURSUANT TO SUBDI-
 A. 6869                             3
 
 VISION ONE OF SECTION ONE HUNDRED SIXTY-U  OF  THE  EXECUTIVE  LAW,  and
 fifty  percent  of all fines and forfeitures collected pursuant to para-
 graph (a) of subdivision one of section four hundred forty-one-c of  the
 real  property  law. Nothing contained in this section shall prevent the
 state from receiving grants, gifts or bequests for the purposes  of  the
 fund  as  defined  in  this  section  and  depositing them into the fund
 according to law.
   3. The moneys in the anti-discrimination in housing fund shall be kept
 separate from and shall not be commingled with any other moneys  in  the
 custody of the state comptroller. Such moneys shall be made available to
 the  office of the attorney general, for [fair housing testing] PROGRAMS
 ASSISTING WITH FAIR HOUSING  COMPLIANCE,  WHICH  INCLUDES,  BUT  IS  NOT
 LIMITED TO, FAIR HOUSING TESTING, OUTREACH AND EDUCATION ON FAIR HOUSING
 PROTECTIONS,  ADDRESSING  AND INVESTIGATING FAIR HOUSING ALLEGATIONS AND
 COMPLAINTS, AND ADDRESSING DISCRIMINATION IN APPRAISALS,  INCLUDING  NEW
 APPRAISALS  AND  APPRAISAL  REVIEW, through allocation of grants to duly
 applying county, city, town or  village  human  rights  commissions,  or
 other  duly applying county, city, town, village or not-for-profit enti-
 ties specializing in the prevention of unlawful discrimination in  hous-
 ing, to detect unlawful discrimination in housing.
   § 8. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of this act,  or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 9. This act shall take effect immediately.
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