assembly Bill A3923

2017-2018 Legislative Session

Awards attorney fees and expert witness fees in appropriate cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
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

Co-Sponsors

A3923 (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8184
2011-2012: A1860
2013-2014: A353
2015-2016: A1998
2019-2020: A2475

A3923 (ACTIVE) - Summary

Awards attorney fees and expert witness fees in appropriate cases.

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.