senate Bill S4129A

2019-2020 Legislative Session

Awards attorney fees and expert witness fees in appropriate cases

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 11, 2020 print number 4129a
Feb 11, 2020 amend and recommit to investigations and government operations
Jan 08, 2020 referred to investigations and government operations
Mar 01, 2019 referred to investigations and government operations

Co-Sponsors

S4129 - Details

See Assembly Version of this Bill:
A2475
Current Committee:
Senate Investigations And Government Operations
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
2017-2018: A3923

S4129 - Summary

Awards attorney's fees and expert witness fees in appropriate cases.

S4129 - Sponsor Memo

S4129 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4129

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 1, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S4129A (ACTIVE) - Details

See Assembly Version of this Bill:
A2475
Current Committee:
Senate Investigations And Government Operations
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
2017-2018: A3923

S4129A (ACTIVE) - Summary

Awards attorney's fees and expert witness fees in appropriate cases.

S4129A (ACTIVE) - Sponsor Memo

S4129A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4129--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 1, 2019
                               ___________

Introduced by Sens. BIAGGI, CARLUCCI, HOYLMAN, SALAZAR -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Investigations and Government Operations -- recommitted to the Commit-
  tee on Investigations and Government  Operations  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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  161  of  the  laws  of 2019, 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 credit discrimination where sex is a basis of
such discrimination, and  with  respect  to  all  claims  of  employment
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 attrib-
utable  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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