BILL NUMBER: S6321
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the executive law, in relation to enacting the "vicari-
ous liability for housing discrimination act of 2023"
 
PURPOSE:
To clarify that owners and managers of housing accommodations shall be
vicariously liable for a discriminatory practice by the person's agent
or employee
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 establishes the title of the bill
Section 1 establishes vicarious liability for an unlawful discriminatory
practice committed by a property owner's agent or employee with respect
to the sale, lease, or other transaction relating to a housing accommo-
dation
Section 3 establishes the effective date of the bill
 
JUSTIFICATION:
Under longstanding precedent under the Fair Housing Act of 1968, land-
lords are vicariously liable for discriminatory acts committed by their
employees or agents. This means employers or principals can be held
vicariously liable when an employee or agent acts with the actual or
apparent authority of the employer or principal.
However, under the New York State Human Rights Law, case law has left
the principles of vicarious liability for owners and managers of resi-
dential property an open question. This bill clarifies that the princi-
ple of vicarious liability is effective for housing management in the
state of New York, and ensures that the Department of Human Rights and
state courts will continue to provide a forum for victims of housing
discrimination to obtain full and fair relief in cases pursued under the
state Human Rights Law.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S6321: 296 executive law