Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
ordered to third reading cal.297 |
May 18, 2017 |
advanced to third reading cal.411 |
May 16, 2017 |
reported |
May 09, 2017 |
reported referred to codes |
Jan 30, 2017 |
referred to judiciary |
Assembly Bill A3923
2017-2018 Legislative Session
Sponsored By
DINOWITZ
Archive: Last Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Richard Gottfried
2017-A3923 (ACTIVE) - Details
2017-A3923 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3923 2017-2018 Regular Sessions I N A S S E M B L Y January 30, 2017 ___________ Introduced by M. of A. DINOWITZ, GOTTFRIED -- read once and referred to the Committee on Judiciary AN ACT to amend the executive law, in relation to providing for the award of attorney's fees and expert witness fees in appropriate cases 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 amended by chapter 364 of the laws of 2015, is amended to read as follows: 10. [With respect to all cases of housing discrimination and housing related credit discrimination in] 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- sion's capacity as an employer. EXPERT WITNESS FEES MAY BE AWARDED IN THE SAME MANNER AS ATTORNEY'S FEES. In cases of employment discrimi- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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