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Senate bill · S5311 (2025-26)

Relates to mortgage guaranty insurance

Latest action Jun 3, 2026

New York State Senate

Same as A4254, the matching bill in the Assembly.

Sponsor

Jamaal Bailey

State Senator, District 36 · Democratic/Working Families

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Summary

Relates to mortgage guaranty insurance; allows for withdrawals from the contingency reserve if the superintendent determines that such withdrawals will not be harmful to policy holders.

Summary from NY Open Legislation. How we handle summaries

Amends the Insurance Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 1, 2026. About our data

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Purpose, from the sponsor's memo

To give the Superintendent of the New York State Department of Financial Services (DFS) the flexibility to allow mortgage guaranty insurance companies to make early withdrawals from their statutorily-mandated contingency reserve accounts if the Superintendent determines that such withdrawal would not be harmful to policyholders.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Insurance · New York State Assembly

Also referred to Insurance · New York State Senate.

Cosponsors

Albert A. Stirpe, David Weprin and 3 more on Agora

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic4
  • Republican1

This bill has cosponsors from more than one party.

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Jamaal Bailey says this is needed

Mortgage guaranty insurance is a type of insurance coverage that protects banks and other lenders from losses if borrowers default on their residential home loans. Contingency reserves are special reserves that mortgage guaranty insurance companies are required to maintain by statute that are designed to protect policyholders against the effect of losses resulting from adverse economic cycles. insurance companies must contribute to their contingency reserves an amount equal to 50 percent of their het earned premiums (defined as gross premiums minus premiums returned to policyholders). The law also states that withdrawals may be made by mortgage guaranty insurance companies with the prior approval of the DFS Superintendent in any year in which the actual incurred losses exceed 35 percent of the corresponding earned premiums. However, this is the only exception the statute makes that allows for withdrawals from contingency reserves. In recent years, the mortgage guaranty insurance industry has experi- enced a significant and redundant buildup of regulatory capital due to contingency reserve increases. Mortgage guaranty insurance companies are much more resilient to stress scenarios than they were prior to the 2008 financial crisis due to much more stringent underwriting standards, compliance with Federal Private Mortgage Insurer Eligibility Require- ments (PMIERs) and substantial reinsurance including fully collateral- ized mortgage insurance linked notes. This legislation provides the DFS Superintendent with the discretionary authority to release contingency reserves if, in the Superintendent's sole determination, the financial condition of the requesting insurer would warrant such a release. Passage of this legislation will have no negative effect on consumers or the insured lenders and would maintain the existing statute's require- ment to maintain contingency reserves. New York is the only state with a contingency reserve requirement that does not defer to the domiciliary state or provide discretion to state regulators.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Floor vote

    NY SenateJun 3, 2026Result: passed

    (61) (0) (0) (2)
  • Vote: Committee vote · Insurance

    Senate InsuranceApr 20, 2026Result: passed

    (11) (0) (0) (0)
  • Vote: Committee vote · Insurance

    Senate InsuranceMar 3, 2025Result: passed

    (10) (1) (0) (0)

Full history

  1. Jun 3, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  2. Jun 3, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Jun 3, 2026

    Referred to committee

    REFERRED TO INSURANCE

    NY Assembly

  4. Apr 22, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  5. Apr 21, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

Show full history (9 earlier events)
  1. Apr 20, 2026

    1ST Report CAL.702

    1ST REPORT CAL.702

    NY Senate

  2. Jan 7, 2026

    Referred to committee

    REFERRED TO INSURANCE

    NY Senate

  3. Jan 7, 2026

    Referred to committee

    REFERRED TO INSURANCE

    NY Assembly

  4. Jun 13, 2025

    In committee

    COMMITTED TO RULES

    NY Senate

  5. Mar 5, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  6. Mar 4, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  7. Mar 3, 2025

    1ST Report CAL.424

    1ST REPORT CAL.424

    NY Senate

  8. Feb 20, 2025

    Referred to committee

    REFERRED TO INSURANCE

    NY Senate

  9. Jan 31, 2025

    Referred to committee

    REFERRED TO INSURANCE

    NY Assembly