S T A T E O F N E W Y O R K
________________________________________________________________________
5480
2021-2022 Regular Sessions
I N A S S E M B L Y
February 19, 2021
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Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Governmental Operations
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05145-01-1
A. 5480 2
PERIOD OF TIME WITHIN WHICH ANY SUBSEQUENT DISCRIMINATORY PRACTICE
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. The opening paragraph of section 298 of the executive law is
designated subdivision 1 and a new subdivision 2 is added to read as
follows:
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; provided, however, that
section two of this act shall take effect on the same date and in the
same manner as chapter 236 of the laws of 2020 takes effect.