New, New York State Fair Housing Regulations Went into Effect on June 20, 2020
On Dec. 16, 2019, Gov. Andrew Cuomo announced new regulations (“New Fair Housing Regulations”), approved by the New York State Real Estate Board, to assist with combating housing discrimination.
The New York State, Department of State, Division of Licensing Services mandates the following effective June 20, 2020:
- The disclosure must be provided to prospective buyer, tenant, seller or landlord upon first substantive contact either in-person or electronically and shall apply to ALL real property including vacant land and commercial property.
- A copy of the disclosure or the electronic communication must be retained for not less than three (3) years.
- Oral disclosure does not satisfy these requirements.
- A real estate broker shall display and maintain the Fair Housing Notice at every office and branch office operated by the broker.
- The Fair Housing Notice shall be prominently displayed in the window of the real estate office and must be visible to the public. If the office is not accessible from the sidewalk or if postings are otherwise prohibited by any other applicable law, then the notice shall be prominently posted in the same location the business license is posted.
- All websites created and maintained by real estate brokers, associate real estate brokers, real estate salespersons and any real estate team, shall prominently and conspicuously display on the homepage of their website a link to the Fair Housing Notice. The link should appear “above the fold” and should not require a consumer to scroll down the webpage to find the link.
- The Fair Housing Notice must be displayed and available at all open houses and showings.
- Every entity approved to provide instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property, must record video and audio of the instruction.
- The recording shall be maintained by the approved entity for at least one year following the date of the course.
- The recording may be subject to audit by the NY State, Department of State.