New York Expands Human Rights Law to Ban Discrimination in Real Estate Appraisals

On October 16, 2025, A6689 was signed into law and now New Yorkers are protected from discrimination in real estate appraisal services by the New York State Human Rights Law. 

This bill expands the New York State Human Rights Law, at Executive Law 296, by enacting new paragraph (h), which now provides:

IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON TO DISCRIMINATE AGAINST ANY INDIVIDUAL IN MAKING REAL ESTATE APPRAISAL SERVICES AVAILABLE OR TO BASE A REAL ESTATE APPRAISAL, ESTIMATE, OR OPINION OF VALUE ON THE RACE, CREED, COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, AGE, DISABILITY, MARITAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL SOURCE OF INCOME, OR FAMILIAL STATUS OF EITHER THE PROSPECTIVE OWNERS OR OCCUPANTS OF THE REAL PROPERTY, THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTY, OR THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTIES IN THE VICINITY OF THE PROPERTY. NOTHING IN THIS SECTION SHALL PROHIBIT A REAL ESTATE APPRAISER FROM TAKING INTO CONSIDERATION FACTORS OTHER THAN RACE, CREED, COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, AGE, DISABILITY, MARITAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL SOURCE OF INCOME, OR FAMILIAL STATUS.

The bill also provides license law procedures to enforce discriminatory violations by appraisers, including a fine, suspension, or revocation of licensing statute. It finally creates funding for an anti-discrimination in housing fund to be administered by the AG to test fair housing compliance. 

If you believe you’ve been a victim of appraisal discrimination or need guidance on compliance with the New York State Human Rights Law, contact Lieb at Law, P.C. at 646.216.8009 to speak with an attorney experienced in real estate discrimination litigation.

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NAR: Clear Cooperation Stays But With a New Loophole

The National Association of Realtors ("NAR") is shaking up how real estate brokers market properties. After months of debate, NAR announced it will keep its Clear Cooperation Policy ("CCP"), the rule that requires agents to put listings on the MLS within one business day of publicly marketing them. But there's now a twist: NAR is adding a new option called “delayed marketing exempt listings.”

Under the new policy, sellers can opt to delay marketing their property on third-party listing sites that pull data from MLS for a period set by the local MLS. However, the property will still be visible on MLS to MLS participants and subscribers, meaning brokers and agents can still access it. How is this new? Well, the public won’t see it right away on sites like Zillow. This gives sellers and their agents more control over when the listing hits the wider market.

For brokers, this opens up some interesting strategies. A delayed listing could give sellers more time to prepare their property or test the waters with select buyers before going fully public. On the flip side, this could limit public exposure, potentially reducing competition and impacting the final sale price.

Brokers, be aware of the compliance requirements. If a seller opts for delayed marketing, they’ll need to sign a disclosure stating they understand the tradeoff: they’re waiving the benefits of immediate public marketing. It’s also worth keeping an eye on how local MLSs handle the days-on-market ("DOM") rule. Some might count the delayed period toward DOM, which could make a listing look older faster.

At the end of the day, this new policy gives brokers and sellers more flexibility, but with some new risks. Will delayed listings benefit sellers by giving them more control? Or will they reduce transparency and limit buyers’ access to inventory? Let us know your thoughts in the comments.