WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)(a) "Automated housing decision making toolAutomated housing decision making tool"Automated housing decision making tool" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisions that impact natural persons. "Automated housing decision making tool" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.Real Prop. Law § 227-g(1)(a)" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisionsHousing decision"Housing decision" means to screen applicants for housing.Real Prop. Law § 227-g(1)(c) that impact natural persons. "Automated housing decision making toolAutomated housing decision making tool"Automated housing decision making tool" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisions that impact natural persons. "Automated housing decision making tool" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.Real Prop. Law § 227-g(1)(a)" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.
(1)(b) "Disparate impact analysisDisparate impact analysis"Disparate impact analysis" means an impartial evaluation conducted by an independent auditor. Such disparate impact analysis shall include, but not be limited to, testing of the extent to which use of an automated housing decision making tool is likely to result in an adverse impact to the detriment of any group on the basis of sex, race, ethnicity, or other protected class under this article. A disparate impact analysis shall differentiate between applicants who were selected and applicants who were not selected by the tool.Real Prop. Law § 227-g(1)(b)" means an impartial evaluation conducted by an independent auditor. Such disparate impact analysisDisparate impact analysis"Disparate impact analysis" means an impartial evaluation conducted by an independent auditor. Such disparate impact analysis shall include, but not be limited to, testing of the extent to which use of an automated housing decision making tool is likely to result in an adverse impact to the detriment of any group on the basis of sex, race, ethnicity, or other protected class under this article. A disparate impact analysis shall differentiate between applicants who were selected and applicants who were not selected by the tool.Real Prop. Law § 227-g(1)(b) shall include, but not be limited to, testing of the extent to which use of an automated housing decision making toolAutomated housing decision making tool"Automated housing decision making tool" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisions that impact natural persons. "Automated housing decision making tool" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.Real Prop. Law § 227-g(1)(a) is likely to result in an adverse impact to the detriment of any group on the basis of sex, race, ethnicity, or other protected class under this article. A disparate impact analysisDisparate impact analysis"Disparate impact analysis" means an impartial evaluation conducted by an independent auditor. Such disparate impact analysis shall include, but not be limited to, testing of the extent to which use of an automated housing decision making tool is likely to result in an adverse impact to the detriment of any group on the basis of sex, race, ethnicity, or other protected class under this article. A disparate impact analysis shall differentiate between applicants who were selected and applicants who were not selected by the tool.Real Prop. Law § 227-g(1)(b) shall differentiate between applicants who were selected and applicants who were not selected by the tool.
(1)(c) "Housing decisionHousing decision"Housing decision" means to screen applicants for housing.Real Prop. Law § 227-g(1)(c)" means to screen applicants for housing.
Subdivision 1 establishes the three defined terms that frame the bill's scope. Automated housing decision making tool is defined broadly to encompass any software using algorithms, computational models, or AI to materially automate, substantially assist, or replace human decision-making in housing applicant screening. The definition expressly carves out passive tools such as email filters, firewalls, calculators, spreadsheets, and databases. Disparate impact analysis requires an independent auditor to evaluate adverse impact across protected classes and differentiate between selected and non-selected applicants. Housing decision is limited to screening applicants for housing.
(2)(a) 1 No less than annually, a disparate impact analysisDisparate impact analysis"Disparate impact analysis" means an impartial evaluation conducted by an independent auditor. Such disparate impact analysis shall include, but not be limited to, testing of the extent to which use of an automated housing decision making tool is likely to result in an adverse impact to the detriment of any group on the basis of sex, race, ethnicity, or other protected class under this article. A disparate impact analysis shall differentiate between applicants who were selected and applicants who were not selected by the tool.Real Prop. Law § 227-g(1)(b) shall be conducted to assess the actual impact of any automated housing decision making toolAutomated housing decision making tool"Automated housing decision making tool" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisions that impact natural persons. "Automated housing decision making tool" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.Real Prop. Law § 227-g(1)(a) used by any landlordLandlordNot separately defined in this section; used throughout to identify the regulated entity — the person or entity that implements or uses an automated housing decision making tool to screen applicants for housing.Real Prop. Law § 227-g to select applicants for housing within the state. Such disparate impact analysisDisparate impact analysis"Disparate impact analysis" means an impartial evaluation conducted by an independent auditor. Such disparate impact analysis shall include, but not be limited to, testing of the extent to which use of an automated housing decision making tool is likely to result in an adverse impact to the detriment of any group on the basis of sex, race, ethnicity, or other protected class under this article. A disparate impact analysis shall differentiate between applicants who were selected and applicants who were not selected by the tool.Real Prop. Law § 227-g(1)(b) shall be provided to the landlordLandlordNot separately defined in this section; used throughout to identify the regulated entity — the person or entity that implements or uses an automated housing decision making tool to screen applicants for housing.Real Prop. Law § 227-g.
(2)(b) 2 A summary of the most recent disparate impact analysis of such tool as well as the distribution date of the tool to which the analysis applies shall be made publicly available on the website of the landlordLandlordNot separately defined in this section; used throughout to identify the regulated entity — the person or entity that implements or uses an automated housing decision making tool to screen applicants for housing.Real Prop. Law § 227-g prior to the implementation or use of such tool. Such summary shall also be made accessible through any listing for housing on a digital platform for which the landlordLandlordNot separately defined in this section; used throughout to identify the regulated entity — the person or entity that implements or uses an automated housing decision making tool to screen applicants for housing.Real Prop. Law § 227-g intends to use an automated housing decision making toolAutomated housing decision making tool"Automated housing decision making tool" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisions that impact natural persons. "Automated housing decision making tool" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.Real Prop. Law § 227-g(1)(a) to screen applicants for housing.
Subdivision 2 establishes the core compliance prerequisites for lawful use of an automated housing decision making tool. It is unlawful for a landlord to use such a tool unless two conditions are met: (1) an independent auditor conducts an annual disparate impact analysis assessing actual impact on protected classes, with results provided to the landlord; and (2) a summary of the most recent analysis, including the distribution date of the analyzed tool version, is publicly posted on the landlord's website and accessible through any digital housing listing where the tool will be used.
The structure closely mirrors New York City Local Law 144's bias audit requirement for automated employment decision tools, transposed to the housing context. The annual cadence and independent-auditor requirement create both a pre-deployment gate and an ongoing periodic review obligation.
(3)(a)(i)–(iii) 3 Any landlordLandlordNot separately defined in this section; used throughout to identify the regulated entity — the person or entity that implements or uses an automated housing decision making tool to screen applicants for housing.Real Prop. Law § 227-g that uses an automated housing decision making toolAutomated housing decision making tool"Automated housing decision making tool" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisions that impact natural persons. "Automated housing decision making tool" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.Real Prop. Law § 227-g(1)(a) to screen applicants for housing shall notify each such applicant of the following: (i) That an automated housing decision making toolAutomated housing decision making tool"Automated housing decision making tool" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisions that impact natural persons. "Automated housing decision making tool" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.Real Prop. Law § 227-g(1)(a) will be used in connection with the assessment or evaluation of such applicant; (ii) The characteristics that such automated housing decision making toolAutomated housing decision making tool"Automated housing decision making tool" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisions that impact natural persons. "Automated housing decision making tool" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.Real Prop. Law § 227-g(1)(a) will use in the assessment of such applicant; (iii) Information about the type of data collected for such automated housing decision making toolAutomated housing decision making tool"Automated housing decision making tool" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisions that impact natural persons. "Automated housing decision making tool" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.Real Prop. Law § 227-g(1)(a), the source of such data, and the landlordLandlordNot separately defined in this section; used throughout to identify the regulated entity — the person or entity that implements or uses an automated housing decision making tool to screen applicants for housing.Real Prop. Law § 227-g's data retention policy;
(3)(a)(iv) 4 If an application for housing is denied through use of the automated housing decision making toolAutomated housing decision making tool"Automated housing decision making tool" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisions that impact natural persons. "Automated housing decision making tool" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.Real Prop. Law § 227-g(1)(a), the reason for such denial.
(3)(b) 5 The notice required by paragraph (a) of this subdivision shall be made no less than twenty-four hours before the use of such automated housing decision making toolAutomated housing decision making tool"Automated housing decision making tool" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to materially automate, substantially assist, or replace human decision-making regarding housing decisions that impact natural persons. "Automated housing decision making tool" does not include a tool that does not automate, support, substantially assist, or replace discretionary decision-making processes and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, database, data set, or other compilation of data.Real Prop. Law § 227-g(1)(a) and shall allow such applicant to request an alternative selection process or accommodation.
Subdivision 3 imposes two distinct applicant-facing obligations. Paragraph (a) requires landlords to notify each applicant of four specific items: (i) that an automated tool will be used; (ii) the characteristics the tool evaluates; (iii) data collection details including type, source, and retention policy; and (iv) the reason for any denial. Paragraph (b) adds timing and accommodation requirements — notice must be given at least 24 hours before the tool is used, and applicants must be allowed to request an alternative selection process or accommodation.
The combination of pre-decision notice, explanation of inputs, post-decision reason for denial, and right to request an alternative process creates a layered set of procedural protections that span pre-decision transparency and post-decision recourse.
(4) The attorney general may initiate an investigation if a preponderance of the evidence, including the summary of the most recent disparate impact analysisDisparate impact analysis"Disparate impact analysis" means an impartial evaluation conducted by an independent auditor. Such disparate impact analysis shall include, but not be limited to, testing of the extent to which use of an automated housing decision making tool is likely to result in an adverse impact to the detriment of any group on the basis of sex, race, ethnicity, or other protected class under this article. A disparate impact analysis shall differentiate between applicants who were selected and applicants who were not selected by the tool.Real Prop. Law § 227-g(1)(b) establishes a suspicion of a violation. The attorney general may also initiate in any court of competent jurisdiction any action or proceeding that may be appropriate or necessary for correction of any violation issued pursuant to this section, including mandating compliance with the provisions of this section or such other relief as may be appropriate.
Subdivision 4 vests enforcement authority exclusively in the Attorney General. The AG may initiate an investigation when a preponderance of the evidence — including the summary of the most recent disparate impact analysis — establishes a suspicion of a violation. The AG may also bring any action or proceeding in a court of competent jurisdiction to mandate compliance or obtain other appropriate relief. No private right of action is created, and no specific monetary penalties are enumerated.
This act shall take effect immediately.
Section 2 provides that the act takes effect immediately upon enactment. No phase-in or delayed effective date is specified.