NYS Fair Housing and Anti-Discrimination Disclosure Form
July 10, 2020 by Georges Benoliel
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On June 20th, 2020, the New Fair Housing and Anti-Discrimination Disclosure rules were enacted 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.
All types of property transactions
These regulations apply to any type of transaction: including residential, commercial, new construction, and even vacant land. Brokers must keep records of the Fair Housing Disclosure Form presentation for at least 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.
The New York State Housing and Anti-Discrimination Disclosure Form outlines the protected classes, provides examples of discriminatory behavior in real estate, and provides consumers with information on how to file a complaint with the NYS Department of State, Division of Licensing Services.
When should brokers present the Fair Housing Disclosure?
Brokers must 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” instead of “transaction-based.” As a result, the regulations require a broker to present the forms to a client. The buyer’s agent must show the Fair Housing Disclosure once if he submits offers for this buyer on multiple properties. Another example is 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, clients are not obligated 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 marginalized groups 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.”
The Fair Housing Disclosure Form applies to all types of property transactions, including residential, commercial, new construction, and vacant land
. Records about the presentation of the Fair Housing Disclosure Form must be maintained for at least three years by law. However, agents are strongly encouraged to retain such records indefinitely.
The regulations were approved by the New York State Real Estate Board and announced by Governor Andrew Cuomo on December 16th, 2019. The new regulations were implemented by adding new sections 175.28, 175.29, and 177.9 to Title 19 of the New York Codes, Rules, and Regulations (NYCRR).