NY State Senate Bill 2019-S7852A

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 08, 2020	print number 7852a
Jul 08, 2020	amend and recommit to judiciary
Feb 26, 2020	referred to judiciary

Bill Amendments

Original

A (Active)

2019-S7852 - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §441-c, RP L; add §80-a, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S945

2019-S7852 - Summary

Allocates fines to the anti-discrimination in housing fund which shall be used to fund grants for not-for-profit agencies specializing in anti-housing discrimination efforts.

2019-S7852 - Sponsor Memo

                                
 
BILL NUMBER: S7852

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a special fund to be known as the "anti-discrimination in
housing fund," which will collect revenue from fines imposed pursuant to
section 441-c of the real property law; and to provide funds collected
pursuant to section 441-c of the real property law to the county human
rights commission in the county where a violation under 441c of the real
property law occurred.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 1 of section 441-c of the
real property law to increase fine limits for violations under this

section from one thousand to two thousand dollars payable to the depart-
ment of state; and further establishes that twenty-five percent of all
moneys received by the department of state shall be payable to the coun-
ty 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 antidiscrimination in housing fund estab-
lished pursuant to section 80-a of the state finance law.

Section 2 amends the state finance law by adding a new section 80-a to
establish in the custody of the state comptroller a special fund to be
known as the anti-discrimination in housing fund, which 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 441-c of the real property law.

Section 3 sets the effective date.

 
JUSTIFICATION:

A recent years-long investigation conducted by Newsday, a Long Island-
based newspaper, revealed disturbing evidence of discriminatory prac-
tices on the part of real estate salespersons and brokers. A series of
"testers" revealed disparate and unequal treatment and guidance based on
tester racial characteristics and ethnicity.

Under current law, the department of state has the ability to revoke or
suspend the license of a real estate broker or salesman, or to impose a
fine not exceeding one thousand dollars, for violations under Article
12-A of the real property law. This bill would increase the fine thresh-
old from one thousand dollars to two thousand dollars, and would divert
twenty five percent of the revenues collected from these fines to coun-
ty-level human rights commission offices, as well as twenty five percent
of the revenues towards a new special fund called the anti-discrimina-
tion in housing fund. This new special fund would be established in the
custody of the state comptroller and funds would 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.
Counties have earmarked additional resources to county-level human
rights commission offices in the wake of this investigation, and commu-
nity leaders and not-for-profit agencies have been sounding the alarm on
discriminatory practices for years and are playing a vital role in
devising real solutions to this issue; this new fund will help subsidize
the operating costs for these entities so that they can continue doing
the important work they do.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2019-S7852 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7852
 
                             I N  S E N A T E
 
                             February 26, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed 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

 S. 7852                             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.

2019-S7852A (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §441-c, RP L; add §80-a, St Fin L
Versions Introduced in 2021-2022 Legislative Session:: S945

2019-S7852A (ACTIVE) - Summary

Allocates fines to the anti-discrimination in housing fund which shall be used to fund grants for not-for-profit agencies specializing in anti-housing discrimination efforts.

2019-S7852A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7852A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a special fund to be known as the 'anti-discrimination in
housing fund," which will collect revenue from fines imposed pursuant to
section 441-c of the real property law; and to provide funds collected
pursuant to section 441-c of the real property law to the county human
rights commission in the county where a violation under 441c of the real
property law occurred.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 1 of section 441-c of the
real property law to increase fine limits for violations under this

section from one thousand to two thousand dollars payable to the depart-
ment of state; and further establishes that twenty-five percent of all
moneys received by the department of state shall be payable to the coun-
ty 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 antidiscrimination in housing fund estab-
lished pursuant to section 80-a of the state finance law.

Section 2 amends the state finance law by adding a new section 80-a to
establish in the custody of the state comptroller a special fund to be
known as the anti-discrimination in housing fund, which 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 441-c of the real property law.

Section 3 sets the effective date.

 
JUSTIFICATION:

A recent years-long investigation conducted by Newsday, a Long Island-
based newspaper, revealed disturbing evidence of discriminatory prac-
tices on the part of real estate salespersons and brokers. A series of
"testers" revealed disparate and unequal treatment and guidance based on
tester racial characteristics and ethnicity.

Under current law, the department of state has the ability to revoke or
suspend the license of a real estate broker or salesman, or to impose a
fine not exceeding one thousand dollars, for violations under Article
12-A of the real property law. This bill would increase the fine thresh-
old from one thousand dollars to two thousand dollars, and would divert
twenty five percent of the revenues collected from these fines to coun-
ty-level human rights commission offices, as well as twenty five percent
of the revenues towards a new special fund called the anti-discrimina-
tion in housing fund. This new special fund would be established in the
custody of the state comptroller and funds would 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.
Counties have earmarked additional resources to county-level human
rights commission offices in the wake of this investigation, and commu-
nity leaders and not-for-profit agencies have been sounding the alarm on
discriminatory practices for years and are playing a vital role in
devising real solutions to this issue; this new fund will help subsidize
the operating costs for these entities so that they can continue doing
the important work they do.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2019-S7852A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7852--A
 
                             I N  S E N A T E
 
                             February 26, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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, OR IN THE CASE OF A COUN-
 TY  WHOLLY CONTAINED WITHIN A CITY, THE CITY 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 HOUSING 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  advertising, or has demonstrated untrustworthiness or incom-
 petency to act as a real estate broker or salesman, as the case may  be.
 PROVIDED  HOWEVER,  IF  THE COUNTY WHERE THE VIOLATION OCCURRED DOES NOT
 HAVE A COUNTY HUMAN RIGHTS COMMISSION, THEN THE PORTION OF  MONIES  THAT
 WOULD  HAVE  BEEN  PAYABLE  TO  THE COUNTY HUMAN RIGHTS COMMISSION SHALL
 INSTEAD BE DEPOSITED IN THE ANTI-DISCRIMINATION IN HOUSING  FUND  ESTAB-
 LISHED  PURSUANT TO ARTICLE EIGHTY-A OF THE STATE FINANCE LAW.  PROVIDED
 FURTHER, THAT IN THE EVENT THAT THE  JURISDICTION  WHERE  THE  VIOLATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15065-04-0

 S. 7852--A                          2
 
 OCCURRED,  AS  DETERMINED  BY THE DEPARTMENT OF STATE, HAS BOTH A COUNTY
 HUMAN RIGHTS COMMISSION AND A CITY, TOWN OR VILLAGE HUMAN RIGHTS COMMIS-
 SION, THE PORTION OF MONEY DUE TO THE  COUNTY  HUMAN  RIGHTS  COMMISSION
 SHALL  BE  SPLIT  EQUALLY  BETWEEN  THE COUNTY AND CITY, TOWN OR VILLAGE
 COMMISSION. 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  discontinuance  of  essential  building  service, that
 interferes with or disturbs the peace, comfort, repose and quiet  enjoy-
 ment of a tenant.
   §  2. The state finance law is amended by adding a new section 80-a to
 read as follows:
   § 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 THE PREVENTION OF UNLAWFUL DISCRIMINATION IN HOUSING.
   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.

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Senate Bill S7852A

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2019-S7852 - Details

2019-S7852 - Summary

2019-S7852 - Sponsor Memo

2019-S7852 - Bill Text download pdf

2019-S7852A (ACTIVE) - Details

2019-S7852A (ACTIVE) - Summary

2019-S7852A (ACTIVE) - Sponsor Memo

2019-S7852A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

James Gaughran

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2019-S7852 - Details

2019-S7852 - Summary

2019-S7852 - Sponsor Memo

2019-S7852 - Bill Text download pdf

2019-S7852A (ACTIVE) - Details

2019-S7852A (ACTIVE) - Summary

2019-S7852A (ACTIVE) - Sponsor Memo

2019-S7852A (ACTIVE) - Bill Text download pdf

Comments