In a push against potential federal regulatory rollbacks, New York State lawmakers have introduced legislation to safeguard housing discrimination protections within the state. As the Trump administration poses a threat to dismantle established federal housing protection standards, bill S4067/A4040 aims to codify the "disparate impact" standard into state law, as reported by Gothamist. This preemptive move is backed by a coalition of more than forty legislators, including Senator Brian Kavanagh and Assemblymembers Micah Lasher and Jordan Wright, who fear the conservative Supreme Court might support the administration's efforts.
Codification of this standard would ensure that the New York State Attorney General and Division of Human Rights can continue to address housing discrimination, regardless of federal law revisions or repeal. At a recent National Action Network rally, Reverend Al Sharpton said, "We cannot celebrate Black history and not make some Black history," emphasizing the bill's significance as a civil rights measure. Attorney General Letitia James, standing by the bill, stated, as per the New York State Senate's official release, “Fair access to housing is a basic right that all New Yorkers are entitled to."
Disparate impact allows for claims of housing discrimination based on the effect of a landlord's actions on a protected class, without the claimant having to prove intentional bias. This approach, meant to combat systemic discrimination, is now at risk due to President Trump's previous and potentially future attempts to revise or eliminate such standards. Assemblymember Jordan Wright asserts the importance of quality and affordable housing for marginalized communities, and this bill is a step to protect those who historically have fought for housing equality.
As part of the collective effort, various state senators voiced their endorsement of the legislation, considering it a proactive step as they work to 'Trump-proof' New York. Senator Zellnor Myrie mentioned, “New York must vigorously enforce our laws against housing discrimination,” while Senator Brad Hoylman-Sigal highlighted the importance of outcome-based evidence through the disparate impact standard, as detailed by the New York State Senate. Additionally, Assemblymember Kwani O’Pharrow emphasized the need to stand against hidden barriers within the housing system and Assemblymember Emerita Torres reiterated the aim to undo the structural harms of discrimination.
Housing rights organizations and advocates also threw their weight behind the bill. Robert Desir, a staff attorney at the Legal Aid Society, told the New York State Senate, "Discrimination is not always direct or visible, and it’s vital that it can be confronted, even when it operates in subtle or unintended ways." This new legislative move is considered critical to maintaining fair housing laws in the face of federal uncertainty, as it would help counteract not only Trump's policies but also potentially adverse Supreme Court rulings on housing discrimination issues.
