The Nest

NestApple's Real Estate Blog

Featuring real estate articles and information to help real estate buyers and sellers. The Nest features writings from Georges Benoliel and other real estate professionals. Georges is the Co-Founder of NestApple and has been working as an active real estate investor for over a decade.

What Is the new NYS Fair Housing and Anti-Discrimination Disclosure Form?

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On June 20th, 2020, the New Fair Housing and Anti-Discrimination Disclosure rules went into effect in New York. This regulation requires both brokers to show the NYS Fair Housing and Anti-Discrimination Disclosure Form to any prospective purchasers, tenants, sellers, or landlords upon first substantive contact. The Fair Housing Regulations require displaying a Fair Housing Notice online, at branches, and when hosting open houses. This regulation also requires to follow Fair Housing Courses as part of the Continuing Education for real estate professionals in New York.NYS Fair Housing and Anti-Discrimination Disclosure

   

All types of property transactions

These regulations apply to any type of transaction: including residential, commercial, new construction, and even vacant land. Brokers must keepCuomo on NYS Fair Housing and Anti-Discrimination Disclosure records of the presentation of the Fair Housing Disclosure Form for a minimum of three years.

The New York State Real Estate Board approved the regulation. Governor Andrew Cuomo announced it on December 16th, 2019. Those rules added new paragraphs to Title 19 of the New York Codes, Rules, and Regulations (NYCRR).

Housing and Anti-Discrimination Disclosure Form: what does it entail?

This document determines the protected classes and gives instances of discriminatory broker behavior in real estate. This form also provides clients with details on filing a complaint with the NYS Department of State.
renting an apartment in NYC

When should brokers present the Fair Housing Disclosure?

Brokers need to present the NYS Fair Housing and Anti-Discrimination Disclosure Form “upon first substantive contact” with a consumer.
This also applies to the Agency Disclosure Form, meaning brokers and agents should send both forms simultaneously. Both the Agency Disclosure Form and the NYS Fair Housing and Anti-Discrimination Disclosure form can be signed electronically. Those can’t be agreed upon verbally.

“Relationship-based” as opposed to transaction-based

Besides, both forms are “relationship-based” as opposed to “transaction-based.” As a result, the regulations require a broker to present the forms to a client. The buyer’s agent needs to show the Fair Housing Disclosure once if he submits offers for this buyer on multiple properties. Another example, if a seller hires the same broker to sell another property, there is no need to sign the form again. However, if a seller retains their listing agent to be a buyer’s agent, that seller must sign a new Agency Disclosure Form. This new document updates the relationship status from “Seller’s Agent” to “Buyer’s Agent.”

Can a client refuse to sign the Fair Housing and Anti-Discrimination Disclosure form?

Yes, there is no obligation for clients to sign the Fair Housing Disclosure Form. Nor are they required to sign the NYS Agency Disclosure Form. If a client refuses, the broker shall draft a written declaration of the refusal and maintain a copy for at least three years.

 

The New York Fair Housing Notice

The New York Fair Housing Notice identifies minorities to protect. Also, it provides examples of potential fair housing violations. Finally, it educates consumers on filing a complaint with the NYS Department of State and the NYS Division of Human Rights.
 

The Fair Housing Regulations require that each office and branch display this Fair Housing Notice in the window of each office. Besides, websites operated by all real estate licensees must also show the new Fair Housing Notice. Finally, brokers must present the Fair Housing Notice at each “open house.”



Written By: Georges Benoliel

Georges has been working in Wall Street for the last 16 years trading derivatives with hedge funds. He has been an active real estate investor for over a decade. Georges graduated from HEC Business School in Paris and holds a master in Finance from ESADE Barcelona.

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