New York 2025-2026 Regular Session

New York Assembly Bill A01738

Introduced
1/14/25  
Refer
1/14/25  

Caption

Enacts the "vicarious liability for housing discrimination act"; imposes vicarious liability on a person for unlawful discriminatory practices related to the sale, rental, or lease of certain property by such person's agent.

Summary

This bill would amend the New York State Human Rights Law to create a new rule of vicarious liability for housing discrimination. Specifically, it provides that when an unlawful discriminatory practice occurs in connection with the sale, rental, or lease of private or publicly assisted housing, a person can be held liable for discriminatory acts committed by that person’s agent or employee. The bill states that this liability applies even if the person did not encourage, condone, approve, know about, or have reason to know about the conduct, so long as the relationship is consistent with agency law. The measure is titled the “vicarious liability for housing discrimination act of 2025” and would take effect immediately upon enactment. In practical terms, it would expand the circumstances under which property owners, landlords, brokers, managers, and other principals may be responsible for discriminatory housing practices carried out by their representatives in housing transactions.

Impact

The bill would amend section 296 of the Executive Law, which is part of the New York State Human Rights Law, by adding a new subdivision 23. That change would broaden liability for housing discrimination claims involving private or publicly assisted housing accommodations, making principals legally responsible for discriminatory acts by agents or employees regardless of direct knowledge or approval. It would likely affect landlords, property owners, housing providers, real estate firms, and others who act through agents or employees in housing sales and rentals, while strengthening remedies available to discrimination പരാതants under state law.

Sentiment

Based on the bill text and the absence of recorded committee discussion or votes, the available context suggests the bill is framed as a civil rights and fair housing enforcement measure rather than a controversial procedural change. Its purpose is to strengthen accountability for discriminatory conduct in housing markets, which typically aligns with support from housing rights and anti-discrimination advocates. No formal vote history or transcript comments are provided, so there is no documented legislative opposition or endorsement in the supplied materials.

Contention

The main point of contention would likely be the breadth of liability imposed on principals, because the bill makes a person liable for an agent’s or employee’s discriminatory conduct even without proof that the person knew of, approved, or should have known about the conduct. Supporters would likely view that as necessary to deter discrimination and ensure meaningful enforcement, while critics may argue it creates strict or near-strict liability for property owners and housing providers and could expose them to claims based on conduct they did not authorize. No specific objections or supporters are identified in the provided committee or vote records.

Companion Bills

NY S02635

Same As Enacts the "vicarious liability for housing discrimination act"; imposes vicarious liability on a person for unlawful discriminatory practices related to the sale, rental, or lease of certain property by such person's agent.

Similar Bills

No similar bills found.