On February 14, 2016, Governor Cuomo announced a new initiative aimed at “rooting out” housing discrimination. The program, known as the Fair Housing Enforcement Program, will seek to identify and prosecute landlords, real estate brokers and other real estate professionals for acts of discrimination based on race, disability and disability accommodation, and other protected classes. The program will focus on rental homes and apartments as well as real estate and cooperative apartment transactions.
The Fair Housing Enforcement Program will seek to identify acts of discrimination under the federal Fair Housing Act and New York State Human Rights Act, which both prohibit housing discrimination based on race disability, national origin and numerous other grounds. If it is determined that a landlord, broker or other real estate professional may have discriminated, then, under the program, the government agencies will seek to investigate and prosecute wrongdoers.
The program will use undercover trained “testers” who present diverse racial, gender, economic and other backgrounds and pose as renters or home buyers to test for discriminatory bias. Multiple testers will present similar income and career profiles to landlords and brokers to see if the treatment of one race, gender or group is different from that of another. The Governor’s website discussing the initiative* states that these “fair housing testers” will come from “three fair housing agencies[.]” Upon a review of the websites of these organizations, the term “agency” appears to be misleading. These organizations appear to be non-profit advocacy organizations tasked to combat discrimination in housing. Although the work these organizations do is important and necessary, these organizations have lengthy histories in their communities and many have questioned whether these organizations can be unbiased or should be tasked with the responsibility of assisting and documenting situations which may lead to prosecution of alleged wrongdoers.
The sanctions for violations of housing discrimination laws vary and range from government fines to rent abatements and rent payment reductions to lawsuits for money damages. Additionally, brokers who are found to have discriminated run the risk of being stripped of their broker’s license.
In Gov. Cuomo’s February 14 announcement of the new undercover program, the Governor also highlighted other anti-discrimination related issues. First, the governor unveiled plans to have several state agencies promulgate new regulation broadening and clarifying discrimination “against individuals because of their relationship or association with members of a protected class.” In short, this would make it easier for a victim to allege and prove discrimination against landlords and real estate professionals for discriminating against someone because that person is “associated” (friend, family member, co-worker, etc.) with a person that is a member of a protected group. The governor also touted recent settlement of 123 discrimination cases which resulted in numerous rent abatements, rent reductions and fines against alleged wrongdoers.
It is clear that the governor is ratcheting up antidiscrimination activities by the administration, especially related to housing. All landlords and real estate professionals should be aware of these changes and know what actions and statements are acceptable, and which are illegal actions and questions to ask potential candidates, in order to protect themselves. In order to maintain compliance with the new initiative and regulations to come, you must be trained in the relevant law in order to avoid investigations, prosecution or suits. Failure to anticipate these changes could result in financial sanctions and could threaten professional licenses even if perceived bias is unintentionally. For help with training or preparing for these changes, to ask any questions or obtain legal representation against discrimination actions contact James G. Dibbini & Associates, P.C. at 914-965-1011 or visit our website at www.dibbinilaw.com.
