Leasing & tenant law · Owners & management · Deals & development · 11/09/2026, 11:15 AM
Op-ed: Private listings open the door to housing discrimination
Brown Harris Stevens CEO Bess Freedman argues in amNY that private listings, kept inside one brokerage, weaken fair housing protections. She cites a Queens agent's alleged racist text about a Black couple seeking a rental. New York's legislature passed a bill this year that would make public marketing the default for sales and rentals.
Reported by amNYRead the original ↗
What happened
An op-ed published by amNY on 11/09/2026 argues that private real estate listings make housing discrimination easier. The author is Bess Freedman, CEO of Brown Harris Stevens, a luxury real estate firm founded in New York.
The piece opens with an incident in Queens. A Black couple says a real estate agent who was supposed to show them a rental sent them a text by mistake that read "Ugh, they're black." The couple believes the message was meant for the landlord, and they say the agent apologized. According to the op-ed, a lawsuit and news coverage followed. The op-ed does not name the agent, the landlord or the property.
Freedman says private listings, which are homes kept inside one brokerage and shared selectively instead of posted on public sites, threaten fair housing. She cites Zillow research finding that Black and Hispanic sellers were about three times as likely as white sellers to have an agent recommend a private listing network, and that sellers who skip public marketing typically leave money on the table. She notes Zillow has its own business stake in the debate. She also says some brokerages give agents incentives, such as extra marketing budget, to push private listings.
The op-ed says Washington, Connecticut and Wisconsin have passed laws making public marketing the default. It says New York's legislature passed a similar bill this year that would apply to rentals as well as sales. The op-ed does not say whether that bill has been signed into law.
Key facts
- Outlet
- amNY (op-ed)
- Published
- 11/09/2026
- Author
- Bess Freedman, CEO of Brown Harris Stevens
- Incident location
- Queens rental showing
- Alleged text
- "Ugh, they're black," which the couple believes was meant for the landlord
- Zillow finding
- Black and Hispanic sellers about three times as likely as white sellers to be steered toward private listing networks
- Other states
- Washington, Connecticut and Wisconsin have laws making public marketing the default
- New York bill
- Passed by the state legislature this year; would cover rentals and sales
What it means
Landlords
The New York bill described in the op-ed would apply to rentals, so how units are marketed could come under new rules if it becomes law. Agents act on an owner's behalf, and messages like the one alleged here can lead to lawsuits.
Tenants and voucher holders
Units that are shared only privately may never appear in public searches, which limits who gets a chance to apply. Keep records of texts, emails and showing details if you believe you were treated unfairly.
Buyers and owners
Sellers can ask their agent whether the home will be on the MLS and major public sites, and whether the brokerage benefits from a private listing. The op-ed argues private listings can lower the sale price.
The highlights
- Zillow: Black and Hispanic sellers about 3x as likely to be pitched private listings.
- Washington, Connecticut and Wisconsin made public marketing the default by law.
- New York's bill passed this year would cover rentals as well as sales.
Why it matters
If the New York bill becomes law, landlords may need to market rentals publicly, which could widen access for voucher holders.
What to do: Ask your broker whether your rental will be marketed on public sites.
Not known yet
- The names of the agent, brokerage, landlord and the Queens property
- Where the couple's lawsuit was filed and its current status
- The bill number for the New York legislation and whether the governor has signed it
- When any New York rule on public marketing of rentals would take effect
Background
In New York City, the city Human Rights Law bars housing discrimination based on race and on lawful source of income, which includes housing vouchers such as CityFHEPS and Section 8. These rules generally apply to landlords, brokers and agents. People who believe they faced discrimination can file a complaint with the NYC Commission on Human Rights or the New York State Division of Human Rights, or go to court. Brokers and salespeople are licensed by the New York Department of State.
Summary written by Bulwark from amNY’s reporting. The original story is at amny.com. This is general information, not legal advice.
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Photo: Andre Carrotflower, CC BY-SA 4.0