New York 2025-2026 Regular Session

New York Senate Bill S05226

Introduced
2/19/25  
Refer
2/19/25  

Caption

Sets standards for advertising deeply affordable housing.

Summary

This bill amends the General Business Law to create standards for advertising housing as “deeply affordable.” Under the bill, a unit may be advertised as deeply affordable only if it is affordable to a household earning 60 percent or less of area median income, as defined by HUD. The bill also treats misleading use of that term in promotional materials as false advertising under existing law. The bill further requires that when a development includes both market-rate and deeply affordable units, advertisements must clearly disclose either the percentage of deeply affordable units or the number of deeply affordable units and the number of market-rate units. It also applies these standards to public-facing information issued by state or municipal governments about available deeply affordable housing. The bill does not change eligibility rules for tax credits, grants, or other affordability incentives, but it does require advertising tied to those programs to follow the new disclosure rules.

Impact

The bill would add a new section 350-a-1 to the General Business Law and tie inaccurate housing marketing to the state’s false advertising provisions. It would affect developers, landlords, housing marketers, and public agencies that advertise or publish information about affordable housing, requiring them to use a narrower definition of “deeply affordable” and to provide clearer disclosures when mixed-income projects are promoted. It also preserves separate program eligibility standards for housing finance and subsidy programs while regulating how those units may be described to the public.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the measure appears to be framed as a consumer-protection and transparency bill rather than a controversial policy change. Its stated purpose is to prevent misleading housing advertisements and improve clarity for renters, home seekers, and the public. No formal opposition or support is documented in the supplied record, but the structure of the bill suggests a generally pro-transparency, pro-consumer sentiment.

Contention

The main point of potential contention is the bill’s definition of “deeply affordable,” which is limited to households at or below 60 percent of area median income. Housing providers or program administrators may view this as a stricter standard than some existing affordability labels used in subsidy or tax-credit programs. Another possible issue is the burden on developers and public agencies to revise marketing materials and disclose unit counts or percentages in mixed-income developments. The bill explicitly avoids changing eligibility for incentives, but it still imposes new advertising requirements that could be seen as limiting flexibility in how affordable housing is promoted.

Companion Bills

NY A07380

Same As Sets standards for advertising deeply affordable housing.

Previously Filed As

NY A07380

Sets standards for advertising deeply affordable housing.

NY HB05368

An Act Concerning Deeply Affordable Housing.

NY A09015

Establishes the insurance and housing task force to ensure the availability of affordable housing and affordable housing insurance.

NY HB6772

Affordable Housing Through Common-Sense Standards Act

NY A1206

Reduces term of affordability required for affordable housing created through middle housing construction or conversion.

NY S07995

Authorizes the county of Ulster to establish an affordable housing fund to provide financial assistance to first-time homebuyers, production of affordable housing, emergency housing, or supportive housing for sale or rent, rehabilitation of existing buildings for conversion to affordable housing, emergency housing, or supportive housing, acquisition of interests in real property in existing housing units, and the provision of housing counseling services.

NY AB2118

An act to amend Sections 65912.101 and 65912.123 of the Government Code, relating to housing.

NY SB0181

Housing Affordability Amendments

NY H1389

Affordable Housing

NY S220

Establishes standards for expiration of rental housing affordability controls.

Similar Bills

No similar bills found.