Assembly Bill A10024

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10024
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the real property law and  the  state  finance  law,  in
   relation  to  allocating  fines  to the anti-discrimination in housing
   fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) of subdivision 1 of section 441-c of the real
 property  law,  as amended by chapter 81 of the laws of 1995, is amended
 to read as follows:
   (a) The department of state may revoke the license of  a  real  estate
 broker  or  salesman or suspend the same, for such period as the depart-
 ment may deem proper, or in lieu thereof may impose a fine not exceeding
 [one] TWO thousand dollars payable to the department of  state,  TWENTY-
 FIVE  PERCENT OF ALL MONEYS RECEIVED BY THE DEPARTMENT OF STATE SHALL BE
 PAYABLE TO THE COUNTY HUMAN RIGHTS COMMISSION IN THE  COUNTY  WHERE  THE
 VIOLATION OCCURRED AND TWENTY-FIVE PERCENT OF ALL MONEYS RECEIVED BY THE
 DEPARTMENT OF STATE SHALL BE PAYABLE TO THE ANTI-DISCRIMINATION IN HOUS-
 ING  FUND  ESTABLISHED PURSUANT TO SECTION EIGHTY-A OF THE STATE FINANCE
 LAW, or a reprimand upon conviction of the licensee of  a  violation  of
 any  provision  of  this  article, or for a material misstatement in the
 application for such license, or if such licensee  has  been  guilty  of
 fraud  or fraudulent practices, or for dishonest or misleading advertis-
 ing, or has demonstrated untrustworthiness or incompetency to act  as  a
 real  estate  broker  or  salesman, as the case may be. In the case of a
 real estate broker engaged  in  the  business  of  a  tenant  relocator,
 untrustworthiness  or  incompetency shall include engaging in any course
 of conduct including, but not limited to, the interruption or discontin-
 uance of essential building service, that interferes  with  or  disturbs
 the peace, comfort, repose and quiet enjoyment of a tenant.
   §  2. The state finance law is amended by adding a new section 80-a to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15065-01-0
              

 A. 10024                            2
 
   § 80-A. ANTI-DISCRIMINATION IN HOUSING FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE CUSTODY OF THE STATE COMPTROLLER  A  SPECIAL  FUND  TO  BE
 KNOWN AS THE "ANTI-DISCRIMINATION IN HOUSING FUND".
   2.  THE  ANTI-DISCRIMINATION  IN  HOUSING FUND SHALL CONSIST OF MONEYS
 APPROPRIATED THERETO, FUNDS TRANSFERRED FROM ANY OTHER FUND OR  SOURCES,
 AND  TWENTY-FIVE PERCENT OF ALL FINES AND FORFEITURES COLLECTED PURSUANT
 TO SECTION FOUR HUNDRED FORTY-ONE-C OF THE REAL  PROPERTY  LAW.  NOTHING
 CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
 GIFTS  OR  BEQUESTS  FOR  THE  PURPOSES  OF  THE FUND AS DEFINED IN THIS
 SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3. THE MONEYS IN THE ANTI-DISCRIMINATION IN HOUSING FUND SHALL BE KEPT
 SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS  IN  THE
 CUSTODY OF THE STATE COMPTROLLER. SUCH MONEYS SHALL BE MADE AVAILABLE TO
 THE  COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS TO ALLOCATE AND EXPEND
 SOLELY FOR GRANTS FOR DULY APPLYING NOT-FOR-PROFIT AGENCIES SPECIALIZING
 IN ANTI-HOUSING DISCRIMINATION.
   4. THE COMMISSIONER OF THE DIVISION OF HUMAN  RIGHTS  SHALL  ESTABLISH
 THE  APPLICATION  CRITERIA  FOR  SUCH  NOT-FOR-PROFIT  AGENCIES  FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION.
   5. THE MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT
 OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSION-
 ER OF THE DIVISION OF HUMAN RIGHTS.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.