New York City

Governor: Insurers barred from making inquiries or decisions based on a building’s affordable-housing status

June 24, 2024 Brooklyn Eagle Staff
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STATEWIDE — GOV. HOCHUL RELEASED AN Insurance Circular Letter from the New York State Department of Financial Services, which prohibits insurers from making inquiries or coverage decisions based on a property’s status as an affordable housing development. Insurers also cannot make decisions based on the level or source of a tenant’s income within the building, such as government assistance, according to the decision from Monday, June 24. The letter follows legislation secured by Governor Hochul as part of the Fiscal Year 2025 Budget to prohibit discrimination based on several criteria:

  • The presence of dwelling units in the building that are affordable to residents at a specific income level under a government agreement; 
  • The receipt of governmental rental assistance by the owner or tenants of a residential rental building or the shareholders of a cooperative housing corporation;
  • The level or source of income of the building’s residents;
  • The ownership category (limited equity cooperative, a public housing authority or a cooperative housing corporation subject to certain provisions of the private housing finance law).

This new guidance from DFS builds on Governor Hochul’s commitment to building and preserving New York’s supply of affordable housing, protecting New York tenants from price-gouging and high housing costs and addressing the ongoing housing crisis. It also builds on the governor’s fair housing agenda to root out such discrimination in New York State.


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