New York A 9028: Requires certain disclosures in advertisements involving virtual tokens

Bill Text

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A09028 Summary:

BILL NOA09028 

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SAME ASNo Same As

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SPONSORRosenthal

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COSPNSRBurdick

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MLTSPNSR

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Amd §440, add §442-m, RP L

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Requires real estate brokers and online housing platforms using virtual agents and AI tools to conduct a disparate impact analysis to assess the actual impact of any such virtual agent; requires such individuals to submit a summary of the most recent disparate impact analysis to the attorney general's office; requires online housing platforms using virtual agents to provide an option to communicate with a human representative; makes certain provisions requiring anti-discriminatory measures for virtual agents and AI tools.

Go to top A09028 Actions:

BILL NOA09028 

&nbsp

09/05/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA09028 Committee&nbspVotes:

Go to topA09028 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09028 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9028

 2025-2026 Regular Sessions

 IN ASSEMBLY

 September 5, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the real property law, in relation to the use of virtual
 agents and AI tools in property searches

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

 1 Section 1. Section 440 of the real property law is amended by adding
 2 four new subdivisions 7, 8, 9 and 10 to read as follows:
 3 7. "Virtual agent" means an autonomous computational system that
 4 utilizes artificial intelligence or similar algorithmic systems to
 5 interact with users seeking properties for sale or rental properties to
 6 facilitate their search, including but not limited to answering ques-
 7 tions, acting as chatbots, providing property information, offering
 8 recommendations, guiding users through properties via audio and visual
 9 experiences including virtual tours and narrated walkthroughs, schedul-
 10 ing viewings, and assisting with rental housing applications.
 11 8. "Artificial intelligence tools" or "AI tools" means an autonomous
 12 computational system that uses artificial intelligence or similar algo-
 13 rithmic systems to provide functions for an online housing platform,
 14 other than acting as a virtual agent, including but not limited to,
 15 captioning services and displaying housing-related advertisements to
 16 users of such online housing platform.
 17 9. "Disparate impact analysis" means an impartial evaluation conducted
 18 by an independent auditor. Such disparate impact analysis shall include,
 19 but not be limited to, testing of the extent to which use of an auto-
 20 mated decision tool is likely to result in an adverse impact to the
 21 detriment of any group on the basis of sex, race, ethnicity, or other
 22 protected class under this article. A disparate impact analysis
 23 conducted for a virtual agent shall analyze (i) whether such virtual
 24 agent's actual or predicted output differs based on one or more of an
 25 individual user's characteristics protected by the human rights law

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11157-06-5

 A. 9028 2

 1 under article fifteen of the executive law, (ii) whether such differen-
 2 tiation is necessary to achieve one or more substantial, legitimate, and
 3 nondiscriminatory interests, and (iii) whether such interests could not
 4 be served by another practice that has a less discriminatory effect.
 5 10. "Online housing platform" shall mean any website, application, or
 6 digital service that facilitates the advertisement and/or listing of
 7 housing accommodations for rent and/or sale within the state.
 8 § 2. The real property law is amended by adding a new section 442-m to
 9 read as follows:
 10 § 442-m. Virtual agents and AI tools in property searches. 1. No less
 11 than annually, any real estate broker or online housing platform that
 12 uses virtual agents to assist with searches for available properties for
 13 sale or rental properties, and any online housing platform that uses AI
 14 tools, shall have a disparate impact analysis conducted and shal