Bill > A5163

Introduced Session

This bill establishes penalties for appraisers who engage in discriminatory real estate appraisals and requires certain information to be provided to present and prospective owners or occupants of real estate. Under the bill, holders of appraisal licenses or certificates, or appraisal management company registrations, may have their licenses, certificates or registrations revoked or suspended, or be subject to fines, if the State Real Estate Appraiser Board determines that the holder of the credential has engaged in a discriminatory appraisal of real estate on the basis of the race, color, religion, sex, actual or perceived sexual orientation, actual or perceived gender identity, age, actual or perceived marital status, disability, familial status, or national origin of either the prospective owners or occupants of the real estate or real property, the present owners or occupants of the real estate or real property, or the present owners or occupants of the real estate or real properties in the vicinity of the property, or on any other basis prohibited by federal, State, or local law. If the board finds a holder of a credential discriminated in the appraisal of real estate, the appraisal is deemed void and, for a first violation, the board is to fine the holder, order the holder to make restitution of the cost of the discriminatory appraisal, and require the holder to attend an anti-bias seminar approved by the board. A second violation requires the board to suspend the credential of the holder, order the holder to make restitution by covering the cost of the appraisal, and require the holder to attend an anti-bias seminar approved by the board. A credential may be restored after a second violation if the individual demonstrates restitution of the discriminatory appraisal and completion of the required anti-bias seminar after a period of suspension of no less than 30 days. If a third violation is committed, the board, after appropriate notice and a hearing, is to revoke the credential of the holder and order the holder to make restitution of the discriminatory appraisal. A holder of a credential who discriminates in the appraisal of real estate is also subject to civil penalties of varying amounts depending on the violation--up to $10,000 for a first violation; up to $25,000 for a second violation occurring within five years of the first; and up to $50,000 for a third violation. Additionally, the bill provides that within three days of a first interaction or within three days of receiving a mortgage loan application, a licensed mortgage broker or licensed real estate broker, broker-salesperson, or salesperson must provide the present owners or occupants of the real estate or real property, the prospective owners or occupants of the real estate or real property, or the agents of the present or prospective owners or occupants with a document, provided free of charge, that contains information, in a form and manner as prescribed by the board, informing the present or prospective owner of the opportunity to report, through the Internet website or telephone number of the Division on Civil Rights, any suspicion of discriminatory appraisal by the holder of an appraising credential. Finally, the bill requires that, when receiving a report of an alleged discriminatory appraisal, the Division on Civil Rights must ascertain the basis for the allegation and solicit from the complainant relevant demographic information, including but not limited to the identity of the complainant. The complainant may provide the demographic information solicited by the division on a voluntary basis. The division must compile any demographic information provided by the complainants and report in the aggregate the demographic information collected to the Governor and to the Legislature on or before July 1, 2026.

AI Summary

Committee Categories

Tennille McCoy (D)*,  Shanique Speight (D)*, 

Introduced, Referred to Assembly Regulated Professions Committee (on 01/14/2025)

Official Document