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 decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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 computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisionsHousing decision"Housing decision" means to screen applicants for housing.Real Prop. Law § 227-g(1)(c) that impact natural persons. "Automated decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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 decision 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 decision 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 decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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 decision 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 key defined terms for the section: automated decision tool, disparate impact analysis, and housing decision. The automated decision tool definition is broad — covering any computational process derived from machine learning, statistical modeling, data analytics, or AI that issues simplified output used to substantially assist or replace discretionary housing decisions affecting natural persons. The definition expressly carves out tools that do not automate or materially impact decision-making, such as spam filters, firewalls, calculators, and spreadsheets.
The disparate impact analysis definition requires an impartial evaluation by an independent auditor, testing for adverse impact across sex, race, ethnicity, and other protected classes, and must differentiate between selected and non-selected applicants.
(2) It shall be unlawful for a landlordLandlordThe bill does not independently define "landlord" but uses the term throughout as the covered entity obligated to comply with all provisions of § 227-g. The term carries its existing meaning under the New York Real Property Law.Real Prop. Law § 227-g to implement or use an automated decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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) that fails to comply with the following provisions:
(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 decision 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 decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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 landlordLandlordThe bill does not independently define "landlord" but uses the term throughout as the covered entity obligated to comply with all provisions of § 227-g. The term carries its existing meaning under the New York Real Property Law.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 decision 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 landlordLandlordThe bill does not independently define "landlord" but uses the term throughout as the covered entity obligated to comply with all provisions of § 227-g. The term carries its existing meaning under the New York Real Property Law.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 landlordLandlordThe bill does not independently define "landlord" but uses the term throughout as the covered entity obligated to comply with all provisions of § 227-g. The term carries its existing meaning under the New York Real Property Law.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 landlordLandlordThe bill does not independently define "landlord" but uses the term throughout as the covered entity obligated to comply with all provisions of § 227-g. The term carries its existing meaning under the New York Real Property Law.Real Prop. Law § 227-g intends to use an automated decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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 landlords using automated decision tools. It is structured as a prohibition: it is unlawful for a landlord to implement or use a non-compliant tool. The two operative requirements are (a) at least annual independent disparate impact analysis assessing the tool's actual impact on protected classes, and (b) public disclosure of a summary of the most recent analysis — both on the landlord's website and through any digital housing listing where the tool will be used to screen applicants — before the tool is implemented or used.
The independent audit requirement closely parallels New York City's Local Law 144 (AEDT law) but applies statewide and specifically to housing screening rather than employment. The public-posting obligation creates an unusual dual-channel disclosure requirement: both the landlord's own website and any third-party digital listing platform must carry the summary.
(3)(a)(i)–(iii) 3 Any landlordLandlordThe bill does not independently define "landlord" but uses the term throughout as the covered entity obligated to comply with all provisions of § 227-g. The term carries its existing meaning under the New York Real Property Law.Real Prop. Law § 227-g that uses an automated decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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 decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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 decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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 decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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 landlordLandlordThe bill does not independently define "landlord" but uses the term throughout as the covered entity obligated to comply with all provisions of § 227-g. The term carries its existing meaning under the New York Real Property Law.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 decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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 decision toolAutomated decision tool"Automated decision tool" means any computational process, derived from machine learning, statistical modeling, data analytics, or artificial intelligence, that issues simplified output, including a score, classification, or recommendation, that is used to substantially assist or replace discretionary decision making for making housing decisions that impact natural persons. "Automated decision 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 applicant-facing transparency obligations on landlords. Before using an automated decision tool to screen an applicant, the landlord must provide notice covering four categories: that an automated tool will be used, the characteristics the tool assesses, the data collected (including source and retention policy), and — if the application is denied — the reason for denial. Notice must be provided at least 24 hours before the tool is used and must include an offer of an alternative selection process or accommodation.
The 24-hour advance-notice window and the right to request an alternative process are unusual features. The denial-reason requirement functions as a post-decision explanation obligation separate from the pre-decision notice.
(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 decision 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 where a preponderance of the evidence — including the publicly available disparate impact analysis summary — establishes a suspicion of a violation. The AG may also bring any action or proceeding in a court of competent jurisdiction for correction of any violation, including mandating compliance or seeking such other relief as may be appropriate. 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.