S T A T E O F N E W Y O R K
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10894--A
I N A S S E M B L Y
August 17, 2020
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
read once and referred to the Committee on Governmental Operations --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, in relation to enforcement of fair
housing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 298-b
to read as follows:
§ 298-B. ENFORCEMENT RELATING TO THE CONDUCT OF OWNERS, AGENTS,
EMPLOYEES AND OTHERS INVOLVED IN THE SALE OR RENTAL OF HOUSING. IF THE
COMMISSIONER FINDS THAT A VIOLATION OF SUBDIVISION TWO-A, SUBDIVISION
THREE-B OR SUBDIVISION FIVE OF SECTION TWO HUNDRED NINETY-SIX OF THIS
ARTICLE HAS OCCURRED, THE COMMISSIONER SHALL ISSUE AN ORDER WHICH SHALL
DO ONE OR MORE OF THE FOLLOWING:
1. AWARD COMPENSATORY DAMAGES TO THE PERSON AGGRIEVED BY SUCH
VIOLATION;
2. TO VINDICATE THE PUBLIC INTEREST, ASSESS A CIVIL PENALTY: (I) IN AN
AMOUNT NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS IF THE RESPONDENT HAS
NOT BEEN ADJUDGED TO HAVE COMMITTED ANY PRIOR DISCRIMINATORY HOUSING
PRACTICE; (II) IN AN AMOUNT NOT EXCEEDING FIFTY THOUSAND DOLLARS IF THE
RESPONDENT HAS BEEN ADJUDGED TO HAVE COMMITTED ONE OTHER DISCRIMINATORY
PRACTICE DURING THE FIVE-YEAR PERIOD PRIOR TO THE DATE OF THE FILING OF
THE COMPLAINT; AND (III) IN AN AMOUNT NOT EXCEEDING SEVENTY-FIVE THOU-
SAND DOLLARS IF THE RESPONDENT HAS BEEN ADJUDGED TO HAVE COMMITTED TWO
OR MORE DISCRIMINATORY HOUSING PRACTICES DURING THE SEVEN-YEAR PERIOD
PRIOR TO THE DATE OF THE FILING OF THE COMPLAINT, EXCEPT THAT IF THE
ACTS CONSTITUTING THE DISCRIMINATORY PRACTICE THAT IS THE OBJECT OF THE
COMPLAINT ARE COMMITTED BY THE SAME NATURAL PERSON WHO HAS BEEN PREVI-
OUSLY ADJUDGED TO HAVE COMMITTED ACTS CONSTITUTING A DISCRIMINATORY
HOUSING PRACTICE, THEN THE CIVIL PENALTIES SET FORTH IN SUBPARAGRAPHS
(II) AND (III) OF THIS PARAGRAPH MAY BE IMPOSED WITHOUT REGARD TO THE
PERIOD OF TIME WITHIN WHICH ANY SUBSEQUENT DISCRIMINATORY PRACTICE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14783-06-0
A. 10894--A 2
OCCURRED. ANY CIVIL PENALTY IMPOSED PURSUANT TO THIS SUBDIVISION SHALL
NOT LIMIT THE AWARD OF DAMAGES OR OTHER RELIEF AVAILABLE AT LAW OR IN
EQUITY TO THE PERSON AGGRIEVED BY SUCH VIOLATION;
3. REQUIRE THE RESPONDENT TO CEASE AND DESIST FROM SUCH UNLAWFUL
DISCRIMINATORY PRACTICES;
4. AWARD PUNITIVE DAMAGES TO THE PERSON AGGRIEVED BY SUCH VIOLATION;
5. GRANT SUCH OTHER RELIEF THE COMMISSIONER DEEMS JUST AND EQUITABLE.
§ 2. Section 298 of the executive law, as amended by chapter 166 of
the laws of 2000, is amended to read as follows:
§ 298. Judicial review and enforcement. 1. Any complainant, respondent
or other person aggrieved by an order of the commissioner which is an
order after public hearing, a cease and desist order, an order awarding
damages, an order dismissing a complaint, or by an order of the division
which makes a final disposition of a complaint may obtain judicial
review thereof, and the division may obtain an order of court for its
enforcement and for the enforcement of any order of the commissioner
which has not been appealed to the court, in a proceeding as provided in
this section. Such proceeding shall be brought in the supreme court in
the county wherein the unlawful discriminatory practice which is the
subject of the order occurs or wherein any person required in the order
to cease and desist from an unlawful discriminatory practice or to take
other affirmative action resides or transacts business. Such proceeding
shall be initiated by the filing of a notice of petition and petition in
such court. Thereafter, at a time and in a manner to be specified by
rules of court, the division shall file with the court a written tran-
script of the record of all prior proceedings. Upon the filing of a
notice of petition and petition, the court shall have jurisdiction of
the proceeding and of the questions determined therein, except that
where the order sought to be reviewed was made as a result of a public
hearing held pursuant to paragraph a of subdivision four of section two
hundred ninety-seven of this article, the court shall make an order
directing that the proceeding be transferred for disposition to the
appellate division of the supreme court in the judicial department
embracing the county in which the proceeding was commenced. The court
shall have power to grant such temporary relief or restraining order as
it deems just and proper, and to make and enter upon the pleadings,
testimony, and proceedings set forth in such transcript an order enforc-
ing, modifying, and enforcing as so modified, or setting aside in whole
or in part such order. No objection that has not been urged in prior
proceedings shall be considered by the court, unless the failure or
neglect to urge such objection shall be excused because of extraordinary
circumstances. Any party may move the court to remit the case to the
division in the interests of justice for the purpose of adducing addi-
tional specified and material evidence and seeking findings thereon,
provided he or she shows reasonable grounds for the failure to adduce
such evidence in prior proceedings. The findings of facts on which such
order is based shall be conclusive if supported by sufficient evidence
on the record considered as a whole. All such proceedings shall be heard
and determined by the court and any appeal taken from its judgment or
order shall be reviewed by the appropriate appellate court as expe-
ditiously as possible and with lawful precedence over other matters. The
jurisdiction of the courts over these proceedings, as provided for here-
in, shall be exclusive and their judgments and orders shall be final,
subject to appellate review in the same manner and form and with the
same effect as provided for appeals from a judgment in a special
proceeding. The division's copy of the testimony shall be available at
A. 10894--A 3
all reasonable times to all parties for examination without cost and for
the purposes of judicial review of such order. Any appeal under this
section and any proceeding, if instituted under article seventy-eight of
the civil practice law and rules to which the division or the board is a
party shall be heard on the record without requirement of printing. The
division may appear in court by one of its attorneys. A proceeding under
this section when instituted by any complainant, respondent or other
person aggrieved must be instituted within sixty days after the service
of such order.
2. IN AN ACTION FILED BY THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION
TWELVE OF SECTION SIXTY-THREE OF THIS CHAPTER, IN ADDITION TO ANY OTHER
AVAILABLE RELIEF, A COURT MAY, TO VINDICATE THE PUBLIC INTEREST, ASSESS
A CIVIL PENALTY AGAINST THE RESPONDENT IN AN AMOUNT THAT DOES NOT EXCEED
THE FOLLOWING:
(A) IF THE DEFENDANT IS A NATURAL PERSON, (I) FIFTY THOUSAND DOLLARS
FOR A FIRST VIOLATION, AND (II) ONE HUNDRED THOUSAND DOLLARS FOR A
SECOND OR SUBSEQUENT VIOLATION.
(B) IF THE DEFENDANT IS A CORPORATE ENTITY, (I) ONE HUNDRED THOUSAND
DOLLARS FOR A FIRST VIOLATION AND (II) TWO HUNDRED FIFTY THOUSAND
DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION.
§ 3. This act shall take effect immediately.