Pressure to discriminate and anti-bias training
Lesson 51 of 81 · All lessons · Up next: Broker and salesperson fair housing responsibilities and New York's disclosure forms →
Recognize the pressure
A New York real estate salesperson may face discriminatory demands from a client, coworker, or other participant. Protecting a commission or following a client's wishes does not justify unlawful conduct. New York Executive Law § 296 prohibits brokers and salespersons from refusing to negotiate or withholding housing, land, or commercial space because of protected characteristics. These include race, creed, national origin, citizenship or immigration status, sex, disability, familial status, and lawful source of income, among others. Discriminatory advertising and applications also create violations.
Respond with a practiced process
If a seller asks you to exclude buyers of a particular national origin, refuse the instruction. Explain equal access under lawful criteria, involve your sponsoring broker, and document the request and response. Do not falsely describe available property as unavailable. If the client persists, work with the broker to end participation in the discriminatory conduct. Agency loyalty does not require unlawful obedience. Narrow legal exceptions require careful review; an owner's claimed exemption is not permission for a salesperson to discriminate.
Turn anti-bias training into behavior
Implicit bias is an automatic association that can affect judgment without conscious intent. Ask about a customer's actual budget, location preferences, and property requirements instead of inferring them from identity. Compare listing recommendations, response times, and screening questions across similar situations. Role-play refusals and review files for inconsistent service. Training attendance is a starting point; the aim is fair decisions. Document facts rather than identity-based assumptions.
Give notices and provide equal service
Under New York's 19 NYCRR § 175.28, the Department of State's disclosure notice goes to prospective purchasers, tenants, sellers, and landlords at first substantive contact. It applies to all real property, including commercial property and vacant land. Oral disclosure is insufficient. Electronic links require accompanying text identifying the Human Rights Law information. Hardcopy delivery requires a signed acknowledgment; a refusal requires a written declaration under oath or affirmation. Required records are retained for at least three years.
Section 175.29 requires office notices and conspicuous homepage links on covered licensee and team websites. At open houses, display the notice; at open houses and showings, have individual disclosure notices available. These notices support, but do not replace, individual disclosure and nondiscriminatory service.
Key terms
Sample questions
What is implicit bias in real estate service?
Reveal answer
Correct answer: An automatic association that may affect judgment without conscious intent.
Implicit bias involves automatic associations that can influence decisions without conscious intent. It differs from an explicit discriminatory agreement or a property-based preference.
A New York seller instructs a salesperson to reject buyers of a particular national origin. Which response correctly identifies the salesperson’s obligation?
Reveal answer
Correct answer: Refuse to carry out the discriminatory instruction.
New York prohibits brokers and salespersons from discriminatory refusals to negotiate. A seller’s instruction does not authorize the salesperson to exclude buyers based on national origin.
A buyer states a budget and commute limit. A salesperson instead selects neighborhoods based on the buyer’s surname. Which change best addresses the bias in this process?
Reveal answer
Correct answer: Rebuild the search around the buyer’s stated budget and commute needs.
Use the buyer’s actual requirements instead of a surname-based assumption. The correction must change the selection process, not merely explain the salesperson’s intention.