Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
May 14, 2024 |
referred to judiciary delivered to assembly passed senate |
May 08, 2024 |
advanced to third reading |
May 07, 2024 |
2nd report cal. |
May 06, 2024 |
1st report cal.912 |
Feb 27, 2024 |
reported and committed to finance |
Jan 03, 2024 |
referred to judiciary returned to senate died in assembly |
Feb 27, 2023 |
referred to judiciary delivered to assembly passed senate |
Feb 06, 2023 |
advanced to third reading |
Feb 01, 2023 |
2nd report cal. |
Jan 31, 2023 |
1st report cal.222 |
Jan 20, 2023 |
referred to judiciary |
Senate Bill S2352
2023-2024 Legislative Session
Requires real estate brokers and salespersons to compile and disclose client demographic data to the secretary of state
download bill text pdfSponsored By
(D) 27th Senate District
Current Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 14, 2024
aye (39)- Addabbo Jr.
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Krueger
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (21)
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Floor Vote: Feb 27, 2023
aye (40)- Addabbo Jr.
- Bailey
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (20)
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Feb 27, 2024 - Judiciary Committee Vote
S235212Aye5Nay2Aye with Reservations0Absent0Excused0AbstainedJan 31, 2023 - Judiciary Committee Vote
S235212Aye3Nay4Aye with Reservations0Absent0Excused0AbstainedMay 6, 2024 - Finance Committee Vote
S235214Aye5Nay1Aye with Reservations0Absent1Excused0Abstained -
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co-Sponsors
(D, WF) 25th Senate District
(D, WF) 52nd Senate District
2023-S2352 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add §442-m, RP L
- Versions Introduced in 2021-2022 Legislative Session:
-
S2525
2023-S2352 (ACTIVE) - Summary
Requires real estate brokers and salespersons to compile and disclose client demographic data to the secretary of state; requires real estate brokers and salespersons to request the voluntary disclosure of demographic information from clients and record and retain such information for a period of two years.
2023-S2352 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2352 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the real property law, in relation to requiring the secretary of state to require that real estate brokers and salespersons compile and disclose certain demographic information PURPOSE: Requires the Secretary of State to collect from real estate brokers and salespersons the demographic data of their clients. Requires the Secre- tary of State to maintain a database of and issue an annual report of this information. SUMMARY OF PROVISIONS: Section 1 amends the real property law by adding a new section 442-m. This section requires real estate brokers to compile demographic infor- mation about each of their clients and the ultimate dispositions of their clients' interactions on a yearly basis and annually provide this
information to the Department of State in a manner prescribed by the Secretary of State. Real estate brokers shall retain such information for a period of two years. The Secretary of State shall maintain a data- base of this information and provide it annually to the Governor, Attor- ney General, temporary president of the Senate, and the speaker of the Assembly. The information shall not be disclosed to the public unless the data has been anonymized. The Secretary of State shall issue an annual report to the Governor, Attorney General, temporary president of the Senate, and the speaker of the Assembly, and make such report avail- able to the public. Section 2 sets forth the effective date. JUSTIFICATION: Outside oversight is necessary to ensure those in the real estate indus- try are meeting their fair housing obligations. One possible tool to ensure standards are met would be the statewide collection of data on demographics of prospective homebuyers and renters who seek the advice of real estate brokers and agents and the outcomes of their inter- actions. This bill will act similarly to the federal Home Mortgage Disclosure Act, which requires every mortgage lender to disclose data to the federal government on every application received including the applicant's basic demographic information, the application decision, and, where applicable, the price of the loan. Requiring brokers to disclose demographic information regarding their clients would help to identify potentially discriminatory patterns, implicit biases, and other concerning indicators. It is imperative that the State be proactive in eliminating housing discrimination and affirmatively identify bad actors. Developing, main- taining, and monitoring such data in a timely manner will allow the State to better understand the dynamics of the housing market as experi- enced by people of various races and ethnicities, and will enable both the state and realty firms to review their progress in promoting fair housing goals and treating clients equally without regard for their race or ethnicity. LEGISLATIVE HISTORY: None. FISCAL IMPLICATIONS: There will be costs associated with collecting, maintaining, and publishing data incurred by the Secretary of State. LOCAL FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the adoption, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such date.
2023-S2352 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2352 2023-2024 Regular Sessions I N S E N A T E January 20, 2023 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to requiring the secretary of state to require that real estate brokers and salesper- sons compile and disclose certain demographic information THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property law is amended by adding a new section 442-m to read as follows: § 442-M. COLLECTION AND DISCLOSURE OF DEMOGRAPHIC INFORMATION. 1. (A) EVERY REAL ESTATE BROKER OR SALESPERSON LICENSED IN THIS STATE SHALL REQUEST, IN A MANNER CONSISTENT WITH ANY REGULATIONS ADOPTED BY THE SECRETARY OF STATE, THE VOLUNTARILY DISCLOSURE OF DEMOGRAPHIC INFORMA- TION FROM EACH CLIENT OF SUCH BROKER OR SALESPERSON WHO IS A PROSPECTIVE HOME PURCHASER, INCLUDING THE FULL NAME, RACE, ETHNICITY AND GENDER OF EACH SUCH CLIENT, AND OTHER DEMOGRAPHIC INFORMATION AS THE SECRETARY OF STATE MAY DETERMINE IS NECESSARY, AND SHALL RECORD AND RETAIN SUCH INFORMATION FOR A PERIOD OF TWO YEARS; PROVIDED THAT THE CLIENT'S PRODUCTION OF OR REFUSAL TO PRODUCE SUCH INFORMATION SHALL NOT AFFECT THE PROVISION OF SERVICES TO THE CLIENT. (B) FOR EACH SUCH CLIENT, SUCH BROKER OR SALESPERSON SHALL RECORD THE RESULTS OF THE SERVICES PROVIDED BY SUCH BROKER OR SALESPERSON IN THIS STATE, INCLUDING PROPERTIES LISTED, PROPERTIES SHOWN, THE LOCATION OF SUCH PROPERTIES, AND THE DISPOSITION OF EVERY OFFER RECEIVED BY SUCH BROKER WITH RESPECT TO A TRANSACTION, INCLUDING WHETHER THE OFFER WAS ACCEPTED OR REJECTED AND WHETHER A CLOSING OCCURRED, AND SHALL RETAIN SUCH INFORMATION FOR A PERIOD OF TWO YEARS. (C) EVERY SUCH BROKER OR SALESPERSON SHALL SUBMIT, OR CAUSE TO BE SUBMITTED THROUGH A BROKERAGE BUSINESS WITH WHICH SUCH BROKER OR SALES- PERSON IS ASSOCIATED, A SUMMARY OF THE INFORMATION RECORDED PURSUANT TO THIS SUBDIVISION TO THE DEPARTMENT OF STATE IN A MANNER PRESCRIBED BY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06921-01-3
S. 2352 2 THE SECRETARY OF STATE. SUCH SUBMISSION SHALL BE DUE ANNUALLY BY THE FIRST DAY OF MARCH FOR THE PRECEDING CALENDAR YEAR. 2. THE SECRETARY OF STATE SHALL ESTABLISH AND MAINTAIN A DATABASE OF ALL INFORMATION SUBMITTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND SHALL MAKE SUCH DATA AVAILABLE TO THE GOVERNOR, THE ATTORNEY GENER- AL, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEM- BLY UPON REQUEST. ALL SUCH DATA SHALL BE MAINTAINED IN A FORMAT THAT CAN BE SEARCHED BY LOCATION, BY REAL ESTATE BROKER OR SALESPERSON, AND BY ANY BROKERAGE BUSINESS WITH WHICH SUCH BROKER OR SALESPERSON MAY BE ASSOCIATED. SUCH DATABASE SHALL NOT BE DISCLOSED TO A MEMBER OF THE PUBLIC UNLESS THE DATA HAS BEEN ANONYMIZED TO PROTECT THE IDENTITY OF THE CLIENTS. 3. THE SECRETARY OF STATE SHALL ISSUE AN ANNUAL REPORT TO THE GOVER- NOR, THE ATTORNEY GENERAL, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, AND MAKE SUCH REPORT AVAILABLE ON THE PUBLIC WEBSITE OF THE DEPARTMENT OF STATE, ON THE AGGREGATE DEMOGRAPHIC DATA OF CLIENTS AND THE RESULTS OF SERVICES REPORTED PURSUANT TO SUBDI- VISION ONE OF THIS SECTION. SUCH REPORT SHALL BE DUE BY THE FIRST DAY OF MAY OF EACH YEAR AND SHALL COVER CLIENTS SERVED BY BROKERS OR SALESPER- SONS DURING THE PRECEDING CALENDAR YEAR AND ANY OTHER INFORMATION OR ANALYSIS THAT THE SECRETARY OF STATE MAY DETERMINE APPROPRIATE. SUCH REPORT SHALL NOT INCLUDE THE IDENTITY OF ANY CLIENT WITHOUT SUCH CLIENT'S CONSENT. § 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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