§ 3462 — Affordable housing underwriting and rating

§ 3462. Affordable housing underwriting and rating. (a) An insurer\nthat issues or delivers in this state a policy of insurance covering\nloss of or damage to real property containing units for residential\npurposes or legal liability of an owner of such real property, shall not\ninquire about on an application, nor shall an insurer cancel, refuse to\nissue, refuse to renew or increase the premium of a policy, or exclude,\nlimit, restrict, or reduce coverage under a policy based on, the\nfollowing:\n (1) The residential building contains dwelling units that shall be\naffordable to residents at a specific income level pursuant to a\nstatute, regulation, restrictive declaration, or regulatory agreement\nwith a local, state, or federal government entity;\n (2) The real property owner or tenants of such residential building or\nthe shareholders of a cooperative housing corporation receive rental\nassistance provided by a local, state, or federal government entity,\nincluding, but not limited to, the receipt of federal vouchers issued\nunder section eight of the United States Housing Act of 1937(42 U.S.C. §\n1437f);\n (3) The level or source of income of the tenants of the residential\nbuilding or the shareholders of a cooperative housing corporation; or\n (4) Whether such residential building is owned by a limited-equity\ncooperative; owned by a public housing authority; or owned by a\ncooperative housing corporation subject to the provisions of article\ntwo, article four, article five or article eleven of the private housing\nfinance law.\n (b) Nothing in this section shall prohibit an insurer from canceling,\nrefusing to issue, refusing to renew, or increasing the premium of, an\ninsurance policy, or excluding, limiting, restricting, or reducing\ncoverage under such policy, due to other factors that are permitted or\nnot prohibited by any other section of this chapter.\n