Bill > A04040

This bill codifies the "disparate impact" standard in New York's human rights law, specifically for housing discrimination cases. The bill establishes that a discriminatory practice can be deemed unlawful even if it was not intentionally discriminatory, but instead has a negative effect on a protected group. Under the new law, a practice is considered discriminatory if it results in disparate impacts on groups defined by characteristics such as race, color, national origin, sexual orientation, gender identity, military status, age, disability, and other protected categories. To prove a discriminatory effect, a complainant must first demonstrate that a practice causes or could cause a discriminatory outcome. The burden then shifts to the respondent to prove that the practice is necessary to achieve legitimate, non-discriminatory interests. If the respondent meets this burden, the complainant can still prevail by showing that the same interests could be served by a less discriminatory practice. Importantly, the bill clarifies that a practice's justification cannot be used as a defense against claims of intentional discrimination, and it does not limit broader interpretations of discriminatory practices under existing law.

Government Affairs, Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A4040