New York S 4067: Codifies the disparate impact standard in the human rights law

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S04067 Summary:

BILL NOS04067A

&nbsp

SAME ASSAME AS A04040-A

&nbsp

SPONSORKAVANAGH

&nbsp

COSPNSRMYRIE, CLEARE, BAILEY, BASKIN, BRISPORT, BROUK, COMRIE, COONEY, FAHY, FERNANDEZ, GIANARIS,
 GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, KRUEGER, LIU, MAY, MAYER, RAMOS, RIVERA,
 SALAZAR, SANDERS, SEPULVEDA, WEBB

&nbsp

MLTSPNSR

&nbsp

Amd §296, Exec L

&nbsp

Codifies the disparate impact standard in the human rights law; provides that in cases of alleged housing discrimination, an unlawful discriminatory practice may be established by a practice's discriminatory effect.

Go to top S04067 Actions:

BILL NOS04067A

&nbsp

01/31/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

02/24/2025AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

02/24/2025PRINT NUMBER 4067A

05/28/20251ST REPORT CAL.1439

05/29/20252ND REPORT CAL.

06/04/2025ADVANCED TO THIRD READING 

06/11/2025SUBSTITUTED BY A4040A

&nbspA04040 AMEND=A Lasher

&nbsp01/30/2025referred to governmental operations

&nbsp02/26/2025amend and recommit to governmental operations

&nbsp02/26/2025print number 4040a

&nbsp04/02/2025reported referred to codes

&nbsp05/28/2025reported referred to rules

&nbsp06/04/2025reported 

&nbsp06/04/2025rules report cal.383

&nbsp06/04/2025ordered to third reading rules cal.383

&nbsp06/06/2025passed assembly

&nbsp06/06/2025delivered to senate

&nbsp06/06/2025REFERRED TO RULES

&nbsp06/11/2025SUBSTITUTED FOR S4067A

&nbsp06/11/20253RD READING CAL.1439

&nbsp06/11/2025PASSED SENATE

&nbsp06/11/2025RETURNED TO ASSEMBLY

&nbsp12/08/2025delivered to governor

&nbsp12/19/2025signed chap.649

Go to topS04067 Committee&nbspVotes:

Go to topS04067 Floor&nbspVotes:

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

Go to topS04067 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4067--A

 2025-2026 Regular Sessions

 IN SENATE

 January 31, 2025
 ___________

 Introduced by Sens. KAVANAGH, MYRIE, CLEARE, BAILEY, BASKIN, BRISPORT,
 BROUK, COMRIE, COONEY, FAHY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES,
 HARCKHAM, HINCHEY, HOYLMAN-SIGAL, KRUEGER, LIU, MAY, MAYER, RAMOS,
 RIVERA, SALAZAR, SANDERS, SEPULVEDA, WEBB -- read twice and ordered
 printed, and when printed to be committed to the Committee on Investi-
 gations and Government Operations -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee

 AN ACT to amend the executive law, in relation to codifying the dispa-
 rate impact standard in the human rights law

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

 1 Section 1. Section 296 of the executive law is amended by adding a new
 2 subdivision 5-a to read as follows:
 3 5-a. (a) For any case alleging housing discrimination under this arti-
 4 cle, an unlawful discriminatory practice may be established by a prac-
 5 tice's discriminatory effect, even if such practice was not motivated by
 6 a discriminatory intent. The practice may still be lawful if supported
 7 by a legally sufficient justification, as defined in paragraph (c) of
 8 this subdivision.
 9 (b) For the purposes of this subdivision, a practice has a discrimina-
 10 tory effect where it actually or predictably results in a disparate
 11 impact on a group of persons or creates, increases, reinforces, or
 12 perpetuates segregated housing patterns because of race, creed, color,
 13 national origin, citizenship or immigration status, sexual orientation,
 14 gender identity or expression, military status, sex, age, disability,
 15 marital status, status as a victim of domestic violence, lawful source
 16 of income or familial.
 17 (c) (1) A legally sufficient justification exists where the challenged
 18 practice:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05110-05-5

 S. 4067--A 2

 1 (i) is necessary to achieve one or more substantial, legitimate,
 2 nondiscriminatory interests of the respondent; and
 3 (ii) those interests could not be served by another practice that has
 4 a less discriminatory effect.
 5 (2) A legally sufficient justification shall be supported by evidence
 6 and may not be hypothetical o