Current New York Fair Housing and Agency Rule Changes

Three proposals are not law yet: a statewide buyer-broker agreement bill, a statutory broker-supervision bill, and the Fair and Transparent Real Estate Listings Act. The listings act has passed both houses, but none of the three has been signed by the governor.

Keep that line sharp. A bill can be widely reported, and even pass both houses, without being law you apply on the exam.

Current status at a glance

Official source map

Use the source that matches the question.

• Federal protected classes and prohibited housing conduct: the federal Fair Housing Act and current HUD materials.
• New York protected characteristics and discriminatory practices: Executive Law sections 292 and 296, known as the New York State Human Rights Law.
• Licensee fair housing disclosure and posting duties: Title 19 NYCRR sections 175.28 and 175.29, published by the Department of State.
• Standardized buyer-service procedures: Real Property Law section 442-h(4) and Department guidance.
• Agency roles, disclosure timing and statutory forms: Real Property Law section 443.
• Broker supervision and compensation disclosure: current Article 12-A and Title 19 NYCRR, especially sections 175.7 and 175.21.
• A proposed change: the bill page, its actions and current-status field, not its sponsor memorandum alone.

The Department's March 2026 Real Estate License Law booklet collects Article 12-A and the Department regulations in one place. The live statute pages help confirm later revisions and bill status.

The protected-class answer students should use now

The federal Fair Housing Act protects people from housing discrimination because of:

• race
• color
• national origin
• religion
• sex
• familial status
• disability

New York's current Human Rights Law uses a broader list in its housing provisions. For an ordinary housing sale or rental question, recognize:

• race
• creed
• color
• national origin
• citizenship or immigration status
• sexual orientation
• gender identity or expression
• military status
• sex
• age
• disability
• marital status
• status as a victim of domestic violence
• lawful source of income
• familial status

New York also has separate housing protections involving specified favorably resolved arrests, youthful-offender adjudications and sealed records. Do not shorten that rule to “all criminal history is protected.” The disposition and the exact statutory provision matter.

Why the two lists are not interchangeable

If an answer choice says that a landlord may reject a voucher because lawful source of income is not one of the seven federal classes, it misses New York law. If another choice says there are fifteen federal classes, it incorrectly moves New York categories into the federal statute.

Use three layers:

1. Apply the federal baseline.
2. Add New York's broader protections.
3. Check applicable local law, which may add further protection.

New York City and other localities add their own protections. A state exam question will usually tell you when local law matters; in practice, check the local law wherever the property is.

Reading is the first step

Turn what you read into something you can recall.

Start with the free website diagnostic to find a useful next subject. For a longer review routine, the Pass New York app keeps missed questions and study progress together. Download it free and explore the included features before deciding on full access.

Try the free diagnosticExplore the free app

Current change: discriminatory appraisals are expressly covered

Chapter 435 of the Laws of 2025 took effect immediately when signed on October 16, 2025. It strengthened New York's treatment of discriminatory real estate appraisal practices.

Current Executive Law section 296(5)(h) makes it an unlawful discriminatory practice to discriminate in making real estate appraisal services available or to base an appraisal, estimate or opinion of value on listed protected characteristics connected to:

• prospective owners or occupants
• current owners or occupants of the property
• current owners or occupants of properties in the vicinity

The law does not prohibit consideration of legitimate property and market factors. It prohibits using protected characteristics as valuation factors.

Exam-style example

An appraiser adjusts a value because comparable properties have different physical features and verified market data supports the adjustment. Those are valuation facts.

An appraiser reduces a value because of the race or national origin of the owner or the racial composition the appraiser assigns to the surrounding area. That is not a lawful valuation factor.

A salesperson does not become the appraiser simply by discussing a comparative market analysis. Still, the salesperson must not introduce protected-class preferences, coded steering or discriminatory neighborhood assumptions into pricing advice.

Current Department fair housing disclosure form

The Department form posted as of September 25, 2026 is DOS-2156, revised November 2025. Its title is the New York State Housing and Anti-Discrimination Disclosure Form.

The form explains protected characteristics, identifies prohibited conduct such as steering and blockbusting, gives complaint information, identifies the licensee and brokerage providing the form, and records the recipient's acknowledgment.

The form's list of protected characteristics says it is not exhaustive. So if a category is in the statute but not printed on the form, it is still protected.

Section 175.28 delivery rule

The broker must ensure that each associated Article 12-A licensee provides the Department notice to a prospective purchaser, tenant, seller or landlord at first substantive contact.

The regulation permits delivery by:

• email
• text
• electronic messaging system
• facsimile
• hard copy

An electronic message may contain a link, but the message must also tell the recipient that the link contains New York State Human Rights Law information. Oral disclosure by itself does not satisfy the rule.

The regulation covers all the real property it describes, including residential property, condominiums, cooperatives, vacant land and commercial property. Section 443's narrower residential definition does not limit this notice to one-to-four-family homes.

The three-year record rule

The record depends on how the notice is delivered:

• For a hard copy, obtain the recipient's signed acknowledgment and retain it for at least three years.
• For an authorized electronic delivery, retain a duplicate copy for at least three years.
• If a recipient declines to sign the hard copy, make a written declaration under oath or affirmation describing when the notice was provided and retain it for at least three years.

The refusal declaration documents delivery. It does not create agreement to an agency relationship or consent to dual agency.

Current posting, open-house and showing duties

Section 175.29 is separate from the first-contact delivery rule.

The broker must display and maintain the Department fair housing notice at every office and branch office. If the office uses its window for listings or other postings, the notice must be prominently displayed there and visible from the adjacent sidewalk. When the location is not accessible from the sidewalk or another law prohibits such posting, the regulation directs the notice to the location where the business license is posted.

Websites created and maintained by brokers, associate brokers, salespersons and teams must prominently and conspicuously display a link to the Department notice on the homepage.

At an open house, the fair housing notice must be displayed. At open houses and showings, the Section 175.28 disclosure notice must be available.

Notice the difference in verbs: the notice is displayed at an open house, and the disclosure is available at a showing. There is no rule requiring the office poster at every private showing.

Current standardized operating procedures for prospective homebuyers

Real Property Law section 442-h(4) requires every broker to institute standardized operating procedures for prerequisites a prospective homebuyer must meet before receiving services.

The procedures must say whether the brokerage requires:

1. identification
2. an exclusive broker agreement
3. mortgage-loan preapproval
4. any additional prerequisite later adopted by the Secretary of State through the specified rulemaking process

The statute does not say every brokerage must require all three items. It says every brokerage must state its policy and apply that policy consistently.

Publication and record duties

The broker must:

• date stamp and notarize the procedures
• post them on every publicly available website and mobile application the broker maintains
• make them available to the public on request at office locations
• keep the procedures on file while the broker's license is active
• post altered procedures within 30 days
• archive the alterations
• affirm compliance when renewing the broker's license

A team or salesperson website should post the broker's procedures or link directly to them on the broker's site or application.

Department guidance says brokers do not file the procedures with the Department; a 2022 amendment removed the original filing requirement. So “prepare, notarize, post and maintain” is right, and “file with the Department” is wrong.

Fair housing purpose

The procedures make buyer prerequisites visible before a consumer is treated differently. A licensee cannot waive identification for one prospective buyer, demand it from another because of accent or national origin, and call both decisions a single standard policy.

A written policy is not a defense when it is discriminatory or selectively applied.

Current education requirements related to fair housing and agency

New York requires 77 hours of approved salesperson qualifying education. The Department states that the written salesperson examination is based on that curriculum.

The curriculum gives Human Rights and Fair Housing six course hours and separately covers agency. Those hours tell schools how to deliver qualifying education. They are not an official disclosure of how many state-exam questions will come from each subject.

For covered license renewals, the current total is 22.5 hours of approved continuing education. Department guidance includes the following required content within that total:

• at least 3 hours on fair housing or discrimination in real property sales or rentals
• 2 hours of implicit bias training
• 2 hours of cultural competency
• 2.5 hours of ethical business practices
• at least 1 hour of recent legal matters
• at least 1 hour of agency law, or 2 hours during a salesperson's initial two-year licensing term

These are renewal requirements. They do not mean an unlicensed applicant must first complete 22.5 hours of continuing education in addition to the 77-hour qualifying course.

Agency rules that remain in force

The 2026 proposals did not replace the existing agency framework.

Section 443 disclosure

For covered residential sales and rentals, Section 443 still controls the statutory agency disclosure forms and timing. It identifies seller's agents, buyer's agents, landlord's agents, tenant's agents, broker's agents, dual agents and dual agents with designated sales agents.

The form explains representation. It is not a listing agreement, buyer agreement, offer, lease or contract of sale.

Dual agency requires informed consent in writing from both principals. Dual agency with designated sales agents also requires informed written consent and the appointment of the designated agents. Signing to acknowledge that you received the form is not consent to every role printed on it.

Use the complete Section 443 agency disclosure form walkthrough for the timing, role boxes and refusal procedure.

Compensation and representation

Title 19 NYCRR section 175.7 requires a broker to make clear for which party the broker is acting. A broker may not receive compensation from more than one party without the full knowledge and consent of the broker's client.

Who pays compensation does not by itself determine whom the broker represents. Keep agency, compensation, payment and commission sharing as separate questions.

Supervision

Current section 175.21 requires the broker to exercise regular, frequent and consistent personal guidance, instruction, oversight and superintendence over associated salespersons. The broker remains responsible for the supervision duties already in force even though a 2025-2026 bill proposes additional statutory language.

The proposed statewide buyer-agreement law is not current law

Senate bill S9564 and Assembly bill A8910 would add Real Property Law section 442-m. The proposal would require a written buyer-broker agreement before a broker provides buyer-agent services and would prescribe disclosures about representation, duration and compensation.

On September 25, 2026, the Senate bill's official page still showed it in the Senate Judiciary Committee, where it was referred on March 25, 2026. It has not passed either house.

So for now, section 442-m does not exist, the Section 443 disclosure still does its job, and a brokerage or private rule requiring a buyer agreement is not a New York statute.

A brokerage, multiple listing service or professional organization may require a written buyer agreement under its own contract or participation rules. That private obligation may matter to the people subject to it. It does not change the bill's legal status.

The fair and transparent listings bill is not law yet

Assembly bill A10679B (Senate S10274), the Fair and Transparent Real Estate Listings Act, would add a new Real Property Law section 443-b creating a statutory framework for public marketing of residential listings. It would allow restricted marketing only after specified written direction and disclosures from the seller, subject to the bill's details and exceptions.

The bill passed the Assembly on May 29, 2026 and the Senate on June 1, 2026. On September 25, 2026, its official status still read “Passed Senate & Assembly.” The actions showed no delivery to the governor, no signature and no chapter number.

Passing both houses is not the same as becoming law. Until the governor signs it and it takes effect, its marketing deadline, disclosure language and opt-out form are not rules you apply.

This status can change at any time, so check the official bill page if you are reading this after September 25, 2026.

The proposed supervision amendment is not current law

Assembly bill A5164 and Senate bill S5471 would add a more detailed supervision standard to Real Property Law section 442-c. The proposal discusses regular personal guidance, broker availability, document review, distance from branch offices and instruction in fair housing law.

On September 25, 2026, the official pages still showed both versions in their Judiciary Committees. Neither has passed a house.

That does not mean brokers have no supervision duty. Department regulation already imposes one. It means the bill's extra statutory wording is not law.

A practical bill-status test

When a question, news post or social-media video says “New York changed the law,” use this sequence:

1. Find the official bill page.
2. Confirm the bill number and amendment letter.
3. Read the current-status label.
4. Check the actions for passage by both houses.
5. Look for delivery to the governor.
6. Look for “signed,” a chapter number and the effective-date clause.
7. Check whether later chapter amendments changed the text or date.
8. Compare the result with the live statute or Department regulation.

A bill title, sponsor memo or trade-news headline tells you what a bill would do. It does not tell you whether it became law.

Four worked scenarios

Scenario 1: first substantive contact by text

A prospective tenant texts a salesperson about price, income qualifications and availability. The salesperson replies with a bare URL to the Department form and no explanation.

The regulation permits a link in an electronic message only when the communication also tells the recipient that the link contains information about the New York State Human Rights Law. Add that required context and preserve the delivery record.

Scenario 2: buyer prerequisites vary by customer

A brokerage's posted procedure says no photo identification is required before services. A salesperson asks only immigrant buyers for passports before scheduling a showing.

The salesperson is not following the broker's published procedure, and the selective request raises fair housing concerns involving citizenship or immigration status and national origin. The issue is not cured because another brokerage could lawfully publish a different neutral identification policy.

Scenario 3: a buyer asks whether an agreement is mandatory by state law

A salesperson's brokerage requires a written buyer agreement. The salesperson says, “New York's new section 442-m requires this.”

That statement is wrong: section 442-m is a pending bill, not law. The salesperson should name the real source of the requirement, such as brokerage policy or a private participation rule.

Scenario 4: discriminatory appraisal assumption

An appraiser reduces an opinion of value because of the national origin of nearby residents. The report disguises the assumption as “neighborhood fit.”

Current Human Rights Law expressly prohibits basing an appraisal on the protected characteristics of current owners or occupants of properties in the vicinity. A coded phrase does not turn the characteristic into market evidence.

Common misconceptions

“The November 2025 date means the disclosure rule began in November 2025”

No. November 2025 is the revision date printed on the current Department form. Sections 175.28 and 175.29 took effect in 2020.

“First substantive contact always means the first hello”

No. A passing greeting is different from a meaningful transaction conversation. Provide the notice before protected or transaction-specific information is used to guide service, and do not postpone it until an offer or contract.

“Every broker must demand preapproval and identification”

No. The broker must publish whether those prerequisites are required and follow the stated procedures consistently.

“The fair housing notice is the agency disclosure”

No. The fair housing notice explains anti-discrimination rights. The Section 443 form explains whom the licensee represents.

“A bill that passed the Senate and Assembly is already enforceable”

No. It still must complete the remaining process and reach its effective date. Check the official status and actions.

“There is no buyer-agreement issue because the New York bill is pending”

No. A private rule, brokerage policy or negotiated contract may still require an agreement. The narrower point is that proposed section 442-m is not New York law.

“The proposed supervision bill means current brokers do not supervise”

No. Existing Department rules already require regular, frequent and consistent supervision.

Frequently asked questions

What New York fair housing rule changed most recently?

The most recent enacted change is Chapter 435 of the Laws of 2025, signed October 16, 2025 and effective immediately. It bars discrimination in providing real estate appraisal services and in setting appraised value based on protected characteristics.

What fair housing form should a New York salesperson use in 2026?

Use DOS-2156, the New York State Housing and Anti-Discrimination Disclosure Form, revised November 2025, which was the current Department version on September 25, 2026. Download it from the Department rather than reusing an old saved copy.

When must the fair housing disclosure be provided?

At first substantive contact with a prospective buyer, tenant, seller or landlord, under 19 NYCRR 175.28. Telling the person orally is not enough.

How long must the fair housing disclosure record be retained?

At least three years. The exact record is a signed acknowledgment for hard-copy delivery, a duplicate copy for authorized electronic delivery, or a sworn or affirmed refusal declaration when a person declines to sign a hard copy.

Does New York require every homebuyer to show identification?

No single answer applies to every brokerage. Each broker's standardized operating procedures must state whether identification is required before services, and the brokerage must apply its policy consistently and lawfully.

Does New York require a written buyer-broker agreement in every residential purchase?

No, not by state statute. Bills S9564 and A8910 would create one, but they were still in committee on September 25, 2026. A brokerage or private industry rule may still require a written agreement.

Did the Fair and Transparent Real Estate Listings Act become law?

Not as of September 25, 2026. A10679B/S10274 passed both houses on June 1, 2026, but the official page shows no governor's signature or chapter number.

Is a comparative market analysis the same as an appraisal?

No. A salesperson may prepare a comparative market analysis within the scope of lawful brokerage practice, while a formal appraisal is a separately regulated valuation service. Neither activity permits protected characteristics to be used as value factors.

Do qualifying-course hours reveal the state exam's question distribution?

No. The 77-hour curriculum tells approved schools what to teach and for how long. The Department does not publish those instructional hours as an official question weighting.

What to study next

Start with the Human Rights and Fair Housing study hub and the Law of Agency study hub. Then read New York housing protections beyond federal law for the protected-category analysis and the Section 443 agency disclosure form walkthrough for document-level practice.

When you hear about a change, check the official source before you change a study answer. The rule changes when the legal status changes, not when the news breaks.

Sources and verification notes

Enacted law is kept separate from pending bills and private industry rules. Bill status can change quickly, so use the linked official action pages to confirm where a proposal stands.

1. New York State Department of State, Fair Housing Laws regulations. Text of 19 NYCRR sections 175.28, 175.29 and 177.9, including delivery, posting and record duties.
2. New York State Department of State, Housing and Anti-Discrimination Disclosure Form DOS-2156. Current Department form and November 2025 revision date.
3. New York Executive Law section 296. Current state housing categories, prohibited conduct, disparate-impact provision and appraisal rule.
4. New York Real Property Law section 442-h. Standardized operating procedures, posting, amendment, archive and renewal-affirmation requirements.
5. New York Real Property Law section 443. Current agency definitions, disclosure timing, prescribed forms and written-consent rules.
6. New York State Department of State, Important Updates: Licensing. Department explanation of the standardized operating procedure amendments and April 20, 2022 compliance date.
7. New York State Department of State, Real Estate Salesperson FAQ. Current 77-hour qualifying education and 22.5-hour continuing education requirements.
8. HUD, Housing Discrimination Under the Fair Housing Act. Current federal protected-class baseline.
9. New York Senate bill S7320 and Assembly bill A6869. Chapter 435 signing history, appraisal-bias provisions and immediate effective date.
10. New York Senate bill S9564. Pending proposed written buyer-broker agreement law and official committee status.
11. New York Assembly bill A10679B. Proposed Fair and Transparent Real Estate Listings Act (same as S10274) and official two-house passage status.
12. New York Assembly bill A5164. Pending proposed amendment to the statutory broker-supervision standard.

This article provides general educational guidance. It does not reproduce live examination content or provide legal advice.