New York fair housing notice and disclosure at open houses: what agents must do

Notice vs disclosure: two different rules

They're easy to confuse: both are about fair housing and both came in with the same 2020 rule change. They do different jobs:

Both documents come from the Department of State. The disclosure is form DOS-2156, titled "New York State Housing Discrimination Disclosure Form". The notice is published as the Fair Housing Notice.

What do you have to do at an open house?

Section 175.29(d) covers open houses directly. At every open house:

• Display the Fair Housing Notice where every visitor will see it, as NYSAR puts it.
• Have the disclosure form available. The same paragraph says brokers, associate brokers and salespersons must have it at open houses and showings.
• Give the disclosure at first substantive contact. Not every visitor needs it, only the ones you start a real conversation with about buying, selling or renting.
• Hand over the notice if asked. According to NYSAR, giving visitors a copy of the notice isn't mandatory, but you should give one to anyone who asks.

Because "first substantive contact" can happen two minutes after someone walks in, many agents give the disclosure as part of sign-in, along with the agency disclosure under RPL § 443.

What's on the disclosure form?

DOS-2156 is a two-page form. It explains that federal, state and local fair housing laws protect people from discrimination in housing, based on characteristics that "include, but are not limited to" race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income and familial status.

It lists what licensees must not do, including steering buyers towards or away from neighborhoods, blockbusting, and quoting different terms because of a protected characteristic. It also tells consumers how to file a complaint with the New York State Division of Human Rights or the Department of State, and that there's no fee for doing so.

Does the disclosure need a signature?

Yes. According to NYSAR's guide to the rules, you get a signed acknowledgment from the buyer, tenant, seller or landlord. If you send it electronically without an e-signature, keep proof that it was delivered instead.

If the consumer refuses to sign, you write a declaration, under oath or affirmation, of the facts of when the disclosure was provided. Keep the acknowledgment or the declaration for at least three years, as the Department of State's guidance confirms.

Can you send it by email or text?

Yes. NYSAR lists email, text, electronic messaging, fax and hard copy as acceptable. Saying it out loud doesn't count. The Hudson Gateway Association of REALTORS legal column adds one detail: if you email a link to the form, the message must clearly say the link contains information about the New York State Human Rights Law.

Which properties does it cover?

All of them. NYSAR says the disclosure "is required to be presented for any type of property" with "no exceptions": houses, condos, co-ops, vacant land, commercial property, sales and rentals. That's broader than the agency disclosure, which only applies to residential one-to-four family homes, condos and co-ops.

What about your website and office?

Section 175.29 also covers two places outside the open house:

• Websites: sites run by brokers, associate brokers, salespersons and teams must "prominently and conspicuously" link to the notice from the homepage. NYSAR recommends putting the link above the fold, so nobody has to scroll to find it.
• Offices: if you post listings in your office window, the notice goes in that window, visible from the sidewalk. If the office isn't reachable from the sidewalk, it goes where your business license is posted.

When did these rules start?

The Department of State and the New York State Real Estate Board adopted them on April 21, 2020, and they took effect on June 20, 2020. The same package added a rule that approved fair housing courses must be recorded on video.

How EcoAdmin handles the fair housing disclosure

EcoAdmin is an open house sign-in app for New York agents. Add the NYS Fair Housing Disclosure to your open house and, when a visitor scans your QR code:

1. The disclosure opens on their phone, pre-filled with your name, your brokerage, their name and the date.
2. They draw or type a signature, and the signed copy waits for them on the welcome page.
3. If they refuse, they're still checked in and the refusal is recorded on the form. Complete the sworn declaration the way your broker requires.
4. Every signed form is saved on the visitor's record, ready to download for your files.

EcoAdmin covers the disclosure, not the poster: still print the Fair Housing Notice and put it by the door. The 443 agency disclosure and four buyer agreements can go in the same check-in. See all the NY forms.

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Questions agents ask about fair housing at open houses