5-a. (a) For any case alleging housing discrimination under this
article, an unlawful discriminatory practice may be established by a
practice's discriminatory effect, even if such practice was not
motivated by a discriminatory intent. The practice may still be lawful
if supported by a legally sufficient justification, as defined in
paragraph (c) of this subdivision.
(b) For the purposes of this subdivision, a practice has a
discriminatory effect where it actually or predictably results in a
disparate impact on a group of persons or creates, increases,
reinforces, or perpetuates segregated housing patterns because of race,
creed, color, national origin, citizenship or immigration status, sexual
orientation, gender identity or expression, military status, sex, age,
disability, marital status, status as a victim of domestic violence,
lawful source of income or familial.
(c) (1) A legally sufficient justification exists where the challenged
practice:
(i) is necessary to achieve one or more substantial, legitimate,
nondiscriminatory interests of the respondent; and
(ii) those interests could not be served by another practice that has
a less discriminatory effect.
(2) A legally sufficient justification shall be supported by evidence
and may not be hypothetical or speculative. The burdens of proof for
establishing each of the two elements of a legally sufficient
justification are set forth in paragraph (d) of this subdivision.
(d) (1) The complainant shall have the burden of proving that a
challenged practice caused or predictably will cause a discriminatory
effect.