Real Estate Licensees Should Not Discuss Crime or School Quality with Consumers

On April 24, 2026, HUD published a “Dear Colleague” letter to real estate licensees advising them that “real estate professionals may lawfully discuss neighborhood crime rates and school quality with clients” and doing so would not violate federal fair housing laws.  Although it is the opinion of HUD that such discussions do not violate federal fair housing laws, such discussions would still be subject to NYS law and licensees may be held liable if they engage in such discussions.

Real estate licensees in New York must follow NY laws, rules and regulations addressing discrimination in the sale and rental of real property that are separate from federal fair housing laws.  Therefore, if HUD claims discussions about crime or school quality does not violate federal fair housing law, NYS and its laws are not bound by the opinion of HUD.

NYSAR members may be subject to liability under NYS law if they follow the information provided in the HUD “Dear Colleague” letter.

A link to the “Dear Colleague” letter can be found here:  https://www.hud.gov/news/hud-no-26-028

NYSAR members with questions may contact the NYSAR Legal Hotline.  The Legal Hotline is available Monday-Friday from 9:00am-4:00pm at 518-436-9727.