Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 28, 2021 | advanced to third reading cal.72 |
Jan 26, 2021 | reported |
Jan 20, 2021 | reported referred to codes |
Jan 11, 2021 | referred to judiciary |
Current Bill Status - On Floor Calendar
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Co-Sponsors
Richard Gottfried
Clyde Vanel
A1899 (ACTIVE) - Details
A1899 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1899 2021-2022 Regular Sessions I N A S S E M B L Y January 11, 2021 ___________ Introduced by M. of A. DINOWITZ, GOTTFRIED -- read once and referred to the Committee on Judiciary 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, nor shall the division be liable to a prevailing or substantially 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 division's capacity as an employer. EXPERT WITNESS FEES MAY BE AWARDED IN THE SAME EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.