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 core definitions that frame the bill's scope. Automated housing decision making tool is defined broadly to cover any software using algorithms, computational models, or AI that materially automates, substantially assists, or replaces human decision-making in housing screening, but expressly excludes tools that do not exercise discretion or materially impact individuals — such as email filters, firewalls, spreadsheets, and databases. Disparate impact analysis requires an impartial evaluation by an independent auditor testing for adverse impact across sex, race, ethnicity, and other protected classes, with selection/non-selection differentiation. Housing decision is narrowly defined as screening applicants for housing.
(2) It shall be unlawful for a landlordLandlordNot separately defined in this section; the bill imposes obligations on any landlord that implements or uses an automated housing decision making tool to screen applicants for housing within the state.Real Prop. Law § 227-g(2) to implement or 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), including the 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) that issues a score, classification, or recommendation, 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 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; the bill imposes obligations on any landlord that implements or uses an automated housing decision making tool to screen applicants for housing within the state.Real Prop. Law § 227-g(2) 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; the bill imposes obligations on any landlord that implements or uses an automated housing decision making tool to screen applicants for housing within the state.Real Prop. Law § 227-g(2).
(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; the bill imposes obligations on any landlord that implements or uses an automated housing decision making tool to screen applicants for housing within the state.Real Prop. Law § 227-g(2) 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; the bill imposes obligations on any landlord that implements or uses an automated housing decision making tool to screen applicants for housing within the state.Real Prop. Law § 227-g(2) 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 predicate compliance framework: it is unlawful for a landlord to use an automated housing decision making tool unless the landlord satisfies the requirements of paragraphs (a) and (b). The structure mirrors NYC Local Law 144's bias-audit prerequisite for automated employment decision tools, transposed to the housing context.
Paragraph (a) requires at least annual independent disparate impact analyses assessing actual impact across protected classes. Paragraph (b) requires 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 — before the tool may be implemented. Together, these provisions create a continuous compliance gating mechanism: a landlord may not lawfully deploy tenant-screening AI without a current audit and public transparency.
(3)(a)(i)–(iv) 3 Any landlordLandlordNot separately defined in this section; the bill imposes obligations on any landlord that implements or uses an automated housing decision making tool to screen applicants for housing within the state.Real Prop. Law § 227-g(2) 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; the bill imposes obligations on any landlord that implements or uses an automated housing decision making tool to screen applicants for housing within the state.Real Prop. Law § 227-g(2)'s data retention policy; and (iv) 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) 4 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 a multi-part individualized notice obligation on landlords. Before using an automated housing decision making tool on an applicant, the landlord must disclose that an automated tool will be used, the characteristics the tool will evaluate, the type and source of data collected along with the landlord's retention policy, and — if an application is denied — the reason for the denial. Notice must be delivered at least 24 hours before the tool is used, and the applicant must be afforded the opportunity to request an alternative selection process or accommodation.
The right to request an alternative process is notable: it goes beyond the disclosure-only framework common in automated-decision statutes by creating a substantive right to opt out of algorithmic screening entirely, though the bill does not specify what the alternative must look like or whether the landlord must grant the request.
(4) 5 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, who may initiate an investigation when a preponderance of the evidence — including the publicly available disparate impact analysis summary — establishes a suspicion of a violation. The attorney general may also bring any action or proceeding in a court of competent jurisdiction for correction of a violation, including mandating compliance or obtaining other appropriate relief. The bill creates no private right of action and specifies no monetary penalties.
This act shall take effect immediately.
Section 2 provides that the act takes effect immediately upon enactment. Because the bill has not yet been enacted, no effective date has been set.