A Local Law in relation to establishing a housing discrimination testing program.

By Council Members Lander, Garodnick, Mealy, Chin, Crowley, Lancman, Rose, Constantinides, Rosenthal, Dromm, Eugene, King, Kallos, Levin, Van Bramer, Williams, Rodriguez and Barron

Be it enacted by the Council as follows:

Section 1. Investigation of discrimination in housing accommodations using testers. a. For a period of one year, the commission on human rights shall organize and conduct no fewer than five investigations of discrimination in housing accommodation services, during which the commission shall use pairs of testers to investigate local housing accommodation providers, the owner, lessor, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease or approve the sale, rental or lease of a housing accommodation, constructed or to be constructed, or an interest therein, or any agent or employee thereof. Such investigations shall include but not be limited to using matched pairs of testers who shall apply for, inquire about or express interest in the same housing accommodations and who shall be assigned similar credentials but who shall differ in one of the following characteristics: actual or perceived race, creed, color, national origin, gender, age, disability, sexual orientation, marital status, partnership status, alienage or citizenship status, lawful source of income, number of children who will be residing with such person or persons, or other characteristic protected pursuant to subdivision 5 of section 8-107 of the administrative code of the city of New York. The first of the investigations shall commence on or before October 1, 2015.

b. On or before March 1, 2017, the commission shall submit to the speaker of the Council a report related to such housing accommodation investigations conducted during the 12 month period commencing on October 1, 2015. Such report shall include, but not be limited to: (i) the number of matched pair tests completed; (ii) the protected class variable used in each matched pair test; and (iii) the number of incidents of actual or perceived discrimination on each protected class, including a description of any incidents of discrimination detected in the course of such investigations, provided that the commission shall not be required to report information that would compromise any ongoing or prospective investigation or prosecution.

c. Any incidents of actual or perceived discrimination that occur during such investigations shall be referred to the commission's law enforcement bureau.

d. Nothing herein shall preclude the commission from conducting other such discrimination testing programs or investigations pursuant to the commissioner's authority under this Code and the New York city charter.

§ 2. This local law shall take effect immediately upon enactment.

BG/AB

LS 1187/2014

3-23-15

10:25 PM