**FOR IMMEDIATE RELEASE**
FOR INQUIRIES CONTACT: Britny McKenzie, Policy Director, Fair Housing Justice Center at bmckenzie@fairhousingjustice.org or Alex Lawson, Policy Manager, CNY Fair Housing at alawson@cnyfairhousing.org
DATE: February 12, 2025 (New York) — Below is a joint statement issued by the New York State Fair Housing Network (NYS FHN):
Strengthening Disparate Impact Fair Housing Protections in New York State Law
As we witness the federal administration’s ongoing attacks on civil rights, it is crucial to uphold and reinforce fair housing protections at every level of government. We extend our gratitude to state lawmakers Senator Kavanagh and Assemblymember Lester for introducing bill S4067/A4040, which aims to codify the “disparate impact” standard for housing discrimination cases under the New York State Human Rights Law. As full-service fair housing organizations, we are committed to ensuring that everyone can access housing free from discrimination regardless of their background.
In fair housing, the disparate impact theory of liability holds that a facially neutral action or policy may constitute housing discrimination if it has a disproportionately adverse effect on members of a protected class. Examples include employment requirements that exclude renters with disabilities and retirees even when they have other lawful sources of income, occupancy limits that exclude families with children, zoning laws that prohibit affordable housing, and AI tools that disproportionately exclude people of a certain race from accessing housing opportunities.
Disparate impact has long been an important tool in fighting discrimination in cases like these at the federal level. Federal courts have accepted it as a legal theory for decades, and the Supreme Court affirmed the use of disparate impact in fair housing cases in 2015.
However, there is no similarly robust precedent for using disparate impact in New York State court to enforce fair housing protections under New York’s Human Rights Law. This leaves certain protected classes named in the New York State Human Rights Law but not the Federal Fair Housing Act—including veterans, immigrants, and people using Housing Choice Vouchers—without clarity on their ability to enforce their fair housing rights. The lack of a New York State disparate impact law is also particularly concerning given that in the first Trump administration the Department of Housing and Urban Development attempted to weaken the federal disparate impact rule.
Preserving fair housing laws is crucial, especially as the political climate evolves. Strong state legislation such as this ensures that all New Yorkers can seek justice, regardless of federal changes. The state legislature and the Governor must recognize that robust fair housing laws are vital for protecting our most vulnerable populations.
About the New York State Fair Housing Network (NYS FHN)
The New York State Fair Housing Network is comprised of six full-service fair housing organizations. These organizations record discrimination complaints, conduct systemic investigations, provide technical assistance, education, and training to individuals and organizations, bring litigation to enforce fair housing laws, and advocate for fair housing policies. Collectively the NYS FHN services 94% of New York’s population, which includes the state’s 10 largest cities. Annually, the Network conducts thousands of tests, trains and educates thousands of individuals about fair housing laws, and files numerous enforcement actions against brokers, lenders, and housing providers engaged in discriminatory practices. We are New York’s fair housing experts.
