Asm. Micah Lasher

The chapter amendment significantly modifies the original bill passed in June 2025. Key changes include: repeal of legislative intent language regarding the consumer-oriented standard (which the Governor sought to preserve existing case law); deletion of language allowing substantial injury to third parties to confer standing (reverting to traditional standing requirements); extension of the notice period for businesses to respond from five to ten days; and clarification that private right of action applies only to deceptive acts, not unfair or abusive practices. Ms. Walsh noted the chapter amendment rolls back the original legislation in response to business community concerns, particularly from the Business Council. Mr. Molitor raised concerns about delegating legislative authority to federal statute and evolving federal case law, arguing New York law would now rise and fall with federal administrative interpretation.

The law has not been modernized in 55 years despite massive corporate consolidation and technological change. The bill adopts federal standards already familiar to businesses and follows the approach of 42 other states and federal law. It addresses contradictory case law that has prevented the Attorney General from protecting New Yorkers.

The bill clarifies existing AG authority and relies on well-settled Federal Trade Commission definitions of "substantial injury." Markets function effectively when people have confidence in rules and protection from unfair practices, creating a thriving economy.

The bill incorporates the 50-year federal disparate impact standard into state law, ensuring New Yorkers continue to have strong legal protections from housing discrimination. The federal standard has been critical because intent is hard to prove in discrimination cases, and the bill takes language almost verbatim from federal regulation.