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.