NY State Senate Bill S3

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 21, 2015	signed chap.364
Oct 20, 2015	delivered to governor
Jun 02, 2015	returned to senate passed assembly
May 13, 2015	ordered to third reading cal.335 substituted for a7189
Jan 12, 2015	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.3
Jan 07, 2015	referred to rules

Votes

Co-Sponsors

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S3 (ACTIVE) - Details

See Assembly Version of this Bill:: A7189
Law Section:: Executive Law
Laws Affected:: Amd §§297 & 296-a, Exec L
Versions Introduced in 2013-2014 Legislative Session:: S5874

S3 (ACTIVE) - Summary

Relates to the provision of attorney's fees in cases of housing, employment or credit discrimination.

S3 (ACTIVE) - Sponsor Memo

BILL NUMBER:S3

TITLE OF BILL:  An act to amend the executive law, in relation to the
provision of attorney's fees in cases of housing, employment or credit
discrimination; to amend the executive law, in relation to the
awarding of reasonable attorney's fees

SUMMARY OF BILLS:

Attorney's Fees

This bill would amend Exec. L § 297 to provide for attorney's fees in
employment or credit discrimination cases when sex is a basis of
discrimination and retain the existing allowance for attorney's fees
in housing and housing related credit cases. It would similarly amend
Exec. L. § 296-a to permit the awarding of attorney's fees in credit
discrimination cases when sex is a basis of discrimination in matters
brought before the Department of Financial Services

EXISTING LAW:

These bills would impact existing protections that are available under
the Executive Law.

STATEMENT IN SUPPORT:

Under existing law, attorney's fees for employment and credit and
lending sex discrimination cases are not available even after the
plaintiff proves discrimination at trial. As a result, (a) many who
are discriminated against cannot afford to hire an attorney and never
seek redress; (b) those who hire an attorney on a contingency fee
arrangement are not "made whole" for their losses because they must
pay for their attorneys out of their recovery; and (C) some who cannot
afford to hire an attorney, but who try to do so on a contingency
basis, are unsuccessful because the case is either too small or too
risky. This bill would allow for reasonable attorney's fees in
employment and credit discrimination cases when sex is a basis of
discrimination.

BUDGET IMPLICATIONS:

This bill has no budget implications for the State.

EFFECTIVE DATE:

This bill would take effect 90 days after enactment.

S3 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                    3

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the executive law,  in  relation  to  the  provision  of
  attorney's  fees  in  cases of housing, employment or credit discrimi-
  nation; to amend the executive law, in relation  to  the  awarding  of
  reasonable attorney's fees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 10 of section 297  of  the  executive  law,  as
added  by  section  17  of part D of chapter 405 of the laws of 1999, is
amended to read as follows:
  10. With respect to ALL cases of HOUSING  DISCRIMINATION  AND  housing
RELATED  CREDIT  discrimination [only] in an action or proceeding at law
under this section or section two hundred ninety-eight of this  article,
the  commissioner  or  the  court may in its discretion award reasonable
attorney's fees to any prevailing or substantially prevailing party; AND
WITH RESPECT TO A CLAIM OF EMPLOYMENT OR CREDIT DISCRIMINATION WHERE SEX
IS A BASIS OF SUCH DISCRIMINATION, IN AN ACTION  OR  PROCEEDING  AT  LAW
UNDER  THIS SECTION OR SECTION TWO HUNDRED NINETY-EIGHT OF THIS ARTICLE,
THE COMMISSIONER OR THE COURT MAY IN  ITS  DISCRETION  AWARD  REASONABLE
ATTORNEY'S  FEES  ATTRIBUTABLE  TO  SUCH  CLAIM TO ANY PREVAILING PARTY;
provided, however, that a prevailing respondent or defendant in order to
recover such reasonable attorney's fees must make  a  motion  requesting
such  fees and show that the action or proceeding brought was frivolous;
and further provided that in a proceeding brought  in  the  division  of
human rights, the commissioner may only award attorney's fees as part of
a  final  order after a public hearing held pursuant to subdivision four
of this section. In no case shall attorney's  fees  be  awarded  to  the
division,  nor  shall the division be liable to a prevailing or substan-
tially prevailing party for attorney's fees, except in a case  in  which
the  division  is  a  party to the action or the proceeding in the divi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07115-01-5

S. 3                                2

sion's capacity as an employer.  IN CASES OF EMPLOYMENT  DISCRIMINATION,
A  RESPONDENT SHALL ONLY BE LIABLE FOR ATTORNEY'S FEES UNDER THIS SUBDI-
VISION IF THE RESPONDENT HAS BEEN FOUND LIABLE FOR HAVING  COMMITTED  AN
UNLAWFUL  DISCRIMINATORY  PRACTICE.  In  order  to  find  the  action or
proceeding to be frivolous, the court or the commissioner must  find  in
writing one or more of the following:
  (a)  the  action or proceeding was commenced, used or continued in bad
faith, solely to delay or prolong the resolution of the litigation or to
harass or maliciously injure another; or
  (b) the action or proceeding was commenced or continued in  bad  faith
without  any reasonable basis and could not be supported by a good faith
argument for an extension, modification or reversal of existing law.  If
the  action  or  proceeding  was promptly discontinued when the party or
attorney learned or should have learned that the  action  or  proceeding
lacked such a reasonable basis, the court may find that the party or the
attorney did not act in bad faith.
  S  2.  Paragraph  c of subdivision 7 of section 296-a of the executive
law, as amended by chapter 632 of the laws of 1976, is amended  to  read
as follows:
  c.  If  the  superintendent finds that a violation of this section has
occurred, the superintendent shall issue an order which shall do one  or
more of the following:
  (1)  impose a fine in an amount not to exceed ten thousand dollars for
each violation, to be paid to the people of the state of New York;
  (2) award  compensatory  damages  to  the  person  aggrieved  by  such
violation;
  (3)  FOR  A  CLAIM OF SEX DISCRIMINATION ONLY, AWARD REASONABLE ATTOR-
NEY'S FEES ATTRIBUTABLE TO SUCH CLAIM TO ANY PREVAILING PARTY; PROVIDED,
HOWEVER, THAT A PREVAILING RESPONDENT OR DEFENDANT IN ORDER  TO  RECOVER
SUCH  REASONABLE ATTORNEY'S FEES MUST MAKE A MOTION REQUESTING SUCH FEES
AND SHOW THAT THE ACTION OR PROCEEDING BROUGHT WAS FRIVOLOUS. IN NO CASE
SHALL ATTORNEY'S FEES BE  AWARDED  TO  THE  DEPARTMENT,  NOR  SHALL  THE
DEPARTMENT BE LIABLE TO A PREVAILING PARTY FOR ATTORNEY'S FEES. IN ORDER
TO  FIND  THE  ACTION  OR PROCEEDING TO BE FRIVOLOUS, THE SUPERINTENDENT
MUST FIND IN WRITING ONE OR MORE OF THE FOLLOWING:
  (A) THE ACTION OR PROCEEDING WAS COMMENCED, USED OR CONTINUED  IN  BAD
FAITH, SOLELY TO DELAY OR PROLONG THE RESOLUTION OF THE LITIGATION OR TO
HARASS OR MALICIOUSLY INJURE ANOTHER; OR
  (B)  THE  ACTION OR PROCEEDING WAS COMMENCED OR CONTINUED IN BAD FAITH
WITHOUT ANY REASONABLE BASIS AND COULD NOT BE SUPPORTED BY A GOOD  FAITH
ARGUMENT  FOR AN EXTENSION, MODIFICATION OR REVERSAL OF EXISTING LAW. IF
THE ACTION OR PROCEEDING WAS PROMPTLY DISCONTINUED  WHEN  THE  PARTY  OR
ATTORNEY  LEARNED  OR  SHOULD HAVE LEARNED THAT THE ACTION OR PROCEEDING
LACKED SUCH A REASONABLE BASIS, THE COURT MAY FIND THAT THE PARTY OR THE
ATTORNEY DID NOT ACT IN BAD FAITH.
  (4) require the regulated creditor  to  cease  and  desist  from  such
unlawful discriminatory practices;
  [(4)] (5) require the regulated creditor to take such further affirma-
tive  action as will effectuate the purposes of this section, including,
but not limited to, granting the credit which was  the  subject  of  the
complaint.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent  jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision,  section  or  part

S. 3                                3

thereof  directly  involved  in  the  controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law, and shall apply to actions commenced on or after such
date.

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The New York State Senate

senate Bill S3

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jan 12, 2015 - floor Vote

Floor Vote: Jan 12, 2015

Jan 12, 2015 - Rules committee Vote

Rules Committee Vote: Jan 12, 2015

Co-Sponsors

S3 (ACTIVE) - Details

S3 (ACTIVE) - Summary

S3 (ACTIVE) - Sponsor Memo

S3 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 12, 2015 - floor Vote

Floor Vote: Jan 12, 2015

Jan 12, 2015 - Rules committee Vote

Rules Committee Vote: Jan 12, 2015

Co-Sponsors

S3 (ACTIVE) - Details

S3 (ACTIVE) - Summary

S3 (ACTIVE) - Sponsor Memo

S3 (ACTIVE) - Bill Text download pdf

Comments