Broker and salesperson fair housing responsibilities and New York's disclosure forms

Equal service and clear information

New York fair housing compliance combines conduct, individual disclosure, and public posting. Completing one duty does not replace the others.

Under Executive Law § 296, real estate brokers and salespersons may not deny negotiations or access to housing, land, or commercial space because of protected characteristics, or falsely claim that available property is unavailable for that reason. Protected characteristics include lawful source of income, familial status, disability, and citizenship or immigration status, among others. Reject discriminatory client instructions; use lawful criteria consistently. Exemptions are specific: an owner's possible exemption does not establish that a licensee is exempt from the licensee's own duties.

Deliver and document the individual notice

Under 19 NYCRR § 175.28, the sponsoring broker must ensure associated licensees provide the Department of State's fair housing disclosure notice to prospective purchasers, tenants, sellers, and landlords at first substantive contact. It explains Human Rights Law provisions and complaint procedures. The requirement covers all real property, including commercial property, vacant land, condominiums, and cooperative apartments.

• Deliver by hardcopy, email, text, electronic messaging system, or facsimile. Oral disclosure alone is insufficient.
• An electronic link works if accompanying text identifies it as information regarding the New York State Human Rights Law.
• For hardcopy, obtain a signed acknowledgment and keep the signed notice for at least three years.
• For electronic or facsimile delivery, keep a duplicate for at least three years.
• If the recipient declines to sign, make a written declaration under oath or affirmation describing when the notice was provided; retain it for at least three years.

Post publicly as well

Under 19 NYCRR § 175.29, maintain the Department's public notice at every office and branch. If the window contains listings or other postings, prominently display the notice so it is visible from the adjacent sidewalk. If the office is not sidewalk accessible or applicable law prohibits posting, place it where the business license is posted. Broker, associate broker, salesperson, and team websites must prominently and conspicuously link to the notice on the homepage.

Display the public notice at all open houses and have individual disclosure notices available at all open houses and showings. Availability and posting do not replace delivery at first substantive contact.

Advertising belongs in the same compliance routine

Executive Law § 296 prohibits discriminatory advertising and inquiries. Describe the property rather than a preferred protected class of customer. Under 19 NYCRR § 175.25, property descriptions must be honest and accurate. A salesperson advertising property represented by the associated broker needs that broker's approval, and an advertisement naming the salesperson must also name the broker or brokerage. The agency disclosure form addresses representation; it does not replace the fair housing notice.