A – Yes. The HADF will be provided by the Department of State (DOS) and will contain substantive provisions of the New York State Human Rights Law. The HADF shall set forth how Human Rights Law complaints may be filed, and such other information as the DOS deems pertinent.

A -The new regulation, 19 NYCRR 175.28, requires licensees to provide the HADF to every consumer at first substantive contact. First substantive contact is the same standard used for presentation of the Agency Disclosure Form.

A – The DOS has indicated that “License holders that have already established a ‘first substantive contact’ prior to the regulation’s effective date are not required to obtain a ‘late’ form.” However, as a best practice, NYSAR is recommending that licensees provide the HADF to all current clients/customers.

A – Yes. The HADF is required to be presented for any type of property (residential, commercial, vacant land, new construction etc.). There are no exceptions. According to 19 NYCRR 175.28(c), use of the HADF shall apply to “all real property whether or not it is used or occupied, or intended to be used or occupied, wholly or partly, as a home or residence of one or more persons regardless of the number of units, and shall include: condominiums; cooperative apartments; vacant lands, including unimproved real property upon which such dwellings are to be constructed; or commercial properties.”

A – The HADF may be provided to a prospective purchaser, tenant, seller, or landlord by any of the following means: email, text, electronic messaging system, facsimile, or hardcopy. Furthermore, an electronic communication containing a link to the disclosure notice required pursuant to paragraph (a) of this section shall be permissible, provided the communication also contains text to inform the prospective purchaser, tenant, seller, or landlord that the link contains information regarding the New York State Human Rights Law. Oral disclosure does not satisfy the requirements.

A – Yes, only if provided by hard copy or electronic signature. The licensee would be required to obtain a signed acknowledgment from the prospective buyer, tenant, seller, or landlord. If delivered via an electronic communication that does not permit an electronic signature and the communication also contains text to inform the prospective purchaser, tenant, seller, or landlord that the link contains information regarding the New York State Human Rights Law a signed HADF is not required but proof of electronic delivery must be kept by the broker. Oral disclosure does not satisfy the requirements.

A – Yes, for a period not less than three years.

If the consumer signed a hard copy, such signed disclosure notice shall be retained.

If the consumer signed electronically, such electronically signed document shall be retained.

If provided by other electronic means, a duplicate copy must be retained. NYSAR also recommends retaining proof of transmission (copy of email, text, fax delivery confirmation or other means to prove that the HADF was provided).

A – The regulation provides for the same procedure if a consumer refuses to sign the Agency Disclosure Form. If the prospective buyer, tenant, seller, or landlord declines to sign the disclosure notice, the real estate broker, licensed real estate salesperson or licensed associate broker shall set forth under oath or affirmation a written declaration of the facts regarding when such notice was provided and shall maintain a copy of the declaration for not less than three years.