What Is the NYS Fair Housing and Anti-Discrimination Disclosure Form?

New Fair Housing Regulations in New York went into effect on June 20th, 2020. The new regulations require agents to present the NYS Fair Housing and Anti-Discrimination Disclosure Form to all prospective purchasers, tenants, sellers or landlords upon first substantive contact.

The new Fair Housing Regulations also mandate the posting of a Fair Housing Notice on websites, at real estate offices and during open houses. The new regulations also mandate the recording of Fair Housing Courses as part of the Continuing Education requirements for real estate licensees in New York.

The Fair Housing Disclosure Form applies to all types of property transactions including residential, commercial, new construction and vacant land. Records pertaining to the presentation of the Fair Housing Disclosure Form must be maintained for at least three years by law. However, agents are strongly encouraged to retain such records indefinitely.

The regulations were approved by the New York State Real Estate Board and announced by Governor Andrew Cuomo on December 16th, 2019. The new regulations were implemented by adding new sections 175.28, 175.29 and 177.9 to Title 19 of the New York Codes, Rules and Regulations (NYCRR).

What Does the New York Fair Housing Disclosure Form Say?

The New York State Housing and Anti-Discrimination Disclosure Form outines the protected classes, provides examples of discriminatory behavior in real estate and provides consumers with information on how to file a complaint with the NYS Department of State, Division of Licensing Services.

Section 175.28(c), Title 19 of the New York Codes, Rules and Regulations (NYCRR) mandates that the form be used in connection with “all real property whether or not it is used or occupied, or intended to be used or occupied, wholly or partly, as a home or residence of one or more persons regardless of the number of units, and shall include: condominiums; cooperative apartments; vacant lands, including unimproved real property upon which such dwellings are to be constructed; or commercial properties.”

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When and How Should Agents Present the Fair Housing Disclosure?

Real estate agents in New York must present the NYS Fair Housing and Anti-Discrimination Disclosure Form “upon first substantive contact” with a consumer. This same standard applies to the Agency Disclosure Form, meaning both forms should be delivered at the same time.

Both the NYS Fair Housing and Anti-Discrimination Disclosure and Agency Disclosure Forms may be delivered and signed electronically as per Section 175.28:

b) The disclosure notice required pursuant to paragraph (a) of this section, may be provided to a prospective purchaser, tenant, seller, or landlord by any of the following means: email, text, electronic messaging system, facsimile, or hardcopy. An electronic communication containing a link to the disclosure notice required pursuant to paragraph (a) of this section shall be permissible, provided the communication also contains text to inform the prospective purchaser, tenant, seller, or landlord that the link contains information regarding the New York State Human Rights Law. Oral disclosure does not satisfy the requirements imposed by this section.

In addition, both forms are relationship based as opposed to transaction based. This means that a consumer is only required to presented with the firms one time.

If, for example, a buyer submits offers on multiple properties, the buyer’s agent is only required to present the Fair Housing Disclosure once. Similarly, if a seller hires the same listing agent to sell another property, there is no need for the listing agent to deliver the Fair Housing Disclosure a second time.

The only exception would be in the case that an agent seeks to change her or his agency relationship. For example, a seller who hires their listing agent to be a buyer’s agent must be presented with a new Agency Disclosure Form which updates the agency relationship status, presumably from ‘Seller’s Agent’ to ‘Buyer’s Agent’ (although other special case agency relationships may apply).

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What If a Consumer Refuses to Sign the Fair Housing Disclosure?

Consumers are not obligated to sign the Fair Housing Disclosure Form. Nor are consumers required to sign the NYS Agency Disclosure Form.

If a consumer refuses to sign either form, the real estate agent shall set forth under oath or affirmation a written declaration of the facts of the refusal and shall maintain a copy of the declaration for not less than three years.

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What is the New York Fair Housing Notice?

The New York Fair Housing Notice identifies protected classes, provides examples of potential fair housing violations and educates consumers on how to file a complaint with the NYS Department of State and the NYS Division of Human Rights.

The New Fair Housing Regulations as outlined in 19 NYCRR § 175.29 require that the new Fair Housing Notice be displayed in the window of each office and branch office operated by a real estate broker. The new Fair Housing Notice must also be prominently displayed on all websites operated by all real estate licensees. In addition, the Fair Housing Notice must be displayed at each “open house.”

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What Is the Text of NYCC Title 19 Section 175.28, 175.29 and 177.9?

As part of the new Fair Housing Regulations in New York, new sections 175.28, 175.29 and 177.9 are added to Title 19 of the NYCRR as follows:

Section 175.28. Notification of Fair Housing Laws 

a) A real estate broker shall be responsible to ensure that each individual licensed pursuant to Article 12-A of the New York Real Property Law and associated with such broker provides to a prospective purchaser, tenant, seller, or landlord upon first substantive contact a disclosure notice furnished by the Department, containing substantive provisions of the New York State Human Rights Law. The disclosure notice shall set forth how Human Rights Law complaints may be filed, and such other information as the Department deems pertinent. 

b) The disclosure notice required pursuant to paragraph (a) of this section, may be provided to a prospective purchaser, tenant, seller, or landlord by any of the following means: email, text, electronic messaging system, facsimile, or hardcopy. An electronic communication containing a link to the disclosure notice required pursuant to paragraph (a) of this section shall be permissible, provided the communication also contains text to inform the prospective purchaser, tenant, seller, or landlord that the link contains information regarding the New York State Human Rights Law. Oral disclosure does not satisfy the requirements imposed by this section. 

c) The disclosure notice required by paragraph (a) of this section shall apply to all real property whether or not it is used or occupied, or intended to be used or occupied, wholly or partly, as a home or residence of one or more persons regardless of the number of units, and shall include: condominiums; cooperative apartments; vacant lands, including unimproved real property upon which such dwellings are to be constructed; or commercial properties. 

d) A real estate broker, licensed real estate salesperson, or licensed associate broker that provides the disclosure notice required pursuant to this section by hardcopy, shall obtain a signed acknowledgment from the prospective buyer, tenant, seller, or landlord. Such signed disclosure notice shall be retained for not less than three years. A real estate broker, licensed real estate salesperson, or licensed associate broker that provides the disclosure notice required pursuant to this section by email, text, electronic messaging system, or facsimile, shall maintain a duplicate copy of such disclosure and shall retain the same for not less than three years. If the prospective buyer, tenant, seller, or landlord declines to sign the disclosure notice, the real estate broker, licensed real estate salesperson or licensed associate broker shall set forth under oath or affirmation a written declaration of the facts regarding when such notice was provided and shall maintain a copy of the declaration for not less than three years. 

Section 175.29. Posting of Fair Housing Laws 

a) A real estate broker shall display and maintain at every office and branch office operated by such broker a notice, furnished by the Department, indicating the substantive provisions of the New York State Human Rights Law relative to housing accommodations. The notice shall set forth how Human Rights Law complaints may be filed and such other information as the Department deems pertinent. 

b) The notice required by paragraph (a) of this section shall be prominently displayed in the window of such office and any branch office maintained by such broker if such broker also provides listings or other postings in the window of such location and must be visible to persons on that portion of the sidewalk adjacent to such office or branch office. If any office or branch office is not accessible from the sidewalk or if postings are otherwise prohibited by any other applicable law, then the notice required pursuant to paragraph (a) of this section shall be prominently posted in the same location the business license is posted pursuant to subdivision 3 of section 441-a of article 12 of the Real Property Law. 

c) All websites created and maintained by real estate brokers, associate real estate brokers, real estate salespersons and any real estate team, as such term is defined by section 175.25 of this title, shall prominently and conspicuously display on the homepage of such website a link to the Department’s notice as required by paragraph (a) of this section, which shall be made available by the Department. 

d) A real estate broker, licensed real estate salesperson, or licensed associate broker shall have displayed at all open houses of all real property the notice required by paragraph (a) of this section. In addition, a real estate broker, licensed real estate agent, or licensed associate broker shall have available at all open houses and showings of all real property the notice required by paragraph (a) of section 175.28 of this part. 

Section 177.9 Video Recording and Record Preservation 

(a) 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 shall cause a recording to be created of each course in its entirety. Such recording shall contain both video and audio of the instruction. 

(b) The recording required by paragraph (a) of this section shall be maintained by the approved entity for at least one year following the date such course was provided to an enrolled student. If the entity knows or suspects that the recording is or will be the subject of litigation, then the approved entity shall maintain such recording as required by law. 

(c) The recording required by paragraph (a) of this section may be subject to audit by the Department pursuant to section 177.11 of this part.

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Disclosure: Hauseit® and its affiliates do not provide tax, legal, financial or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, financial or accounting advice. No representation, guarantee or warranty of any kind is made regarding the completeness or accuracy of information provided. Hauseit LLC is a Licensed Real Estate Broker, licensed to do business in New York under license number 10991232340. Principal Office: 148 Lafayette Street, New York, NY 10013.

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