A4040 amends New York's Executive Law to officially include the "disparate impact" standard in the state's Human Rights Law related to housing. This means housing practices can now be legally challenged—not only when discrimination is intentional, but when neutral policies disproportionately harm protected groups—unless the policy is truly necessary and no less-discriminatory alternative exists. The measure ensures New Yorkers retain strong protections even if federal fair-housing rules are weakened.
The New York State Assembly passed A4040 on June 6, 2025 by a vote of 95 to 46. We have assigned pluses to the nays because by enshrining the "disparate impact" standard into law, the state creates classes of citizens and grants them unequal treatment under the law, in direct violation of the 14th Amendment's guarantee of equal protection. Additionally, this bill contradicts the Declaration of Independence, which affirms that "all men are created equal" and endowed by their Creator with unalienable rights. True equality, as ordained by God, demands that every individual be judged by the same standard—not by shifting categories defined by government. Furthermore, A4040 violates the free market and property rights secured by the Fifth and Ninth Amendments, compelling private-property owners to bear government-imposed burdens and regulations that interfere with voluntary exchange and contractual liberty—protections reinforced by Article I, Section 10 of the U.S. Constitution. By dictating outcomes rather than protecting rights, the measure undermines both economic freedom and the God-given right of individuals to dispose of their property as they see fit.
