NY State Senate Bill 2021-S3323

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Jan 28, 2021	referred to investigations and government operations

2021-S3323 (ACTIVE) - Details

See Assembly Version of this Bill:: A4471
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §297, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3492, A8253
2015-2016: S2380, A5441
2017-2018: S2261, A4688
2019-2020: S4085, A8795
2023-2024: S5767, A4240
2025-2026: S4175

2021-S3323 (ACTIVE) - Summary

Provides for the award of attorney's fees in actions under the human rights law.

2021-S3323 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3323

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to providing for awards
of attorney's fees in actions under the human rights law

 
PURPOSE:

To provide access to justice to those who cannot afford it in actions or
proceedings relating to the state human rights law.

 
SUMMARY OF PROVISIONS:

Section 1: Provides for an award of reasonable attorney's fees.

Section 2: Provides the act shall take effect immediately.

 
JUSTIFICATION:

Unlike New York City's Human Rights Law, and unlike federal civil rights
law, New York State's Human Rights Law (HRL) does not provide for the
possibility of reasonable attorneys fees. The purpose for permitting
plaintiff's attorney to receive reasonable attorney's fees is to
increase the remedies available to victims of discrimination.  Although
the HRL provides a right to attorneys fees for housing discrimination
case, about 92% of all complaints filed with the New York State Division
of Human Rights (DHR) were for disability discrimination or employment
matters.

The HRL has the potential to offer New Yorkers civil rights protections
beyond federal law, but these rights may not be realized without the
provision of attorney's fees. The failure of the HRL to provide attor-
neys fee in non-housing related discrimination cases severely limits the
protections afforded under the Human Rights Law. Further- more, it is
the exact opposite of the federal civil rights statutes upon which the
HRL was modeled. Consequently, even though the HRL's protections of
individuals is relatively similar to that provided by federal civil
rights statutes, because it does not provide for an award of attorneys
fees, many plaintiffs are unable to pursue the vindication of their
rights. That is why when the Civil Rights Act of 1964 was passed,
Congress added attorneys fees so that enforcement could rely in part
upon private litigation to secure compliance.

The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988,
is one of the most widely used statutory instruments to award of attor-
neys' fees in federal civil rights cases. Congress enacted § 1988 to
ensure that low-income individuals could effectively access the courts
to enforce civil rights laws. The determination of attorneys' fees under
§ 1988 is also the same analysis used under Title VII, Section 504 and
the Americans with Disabilities Act.

The New York City Human Rights Law (NYCHRL) and other state laws already
provide for attorney's fees. Attorneys fees under the NYCHRL have been
authorized since 1991 and provide that: in any civil action commenced
pursuant to this section, the court, in its discretion, may award the
prevailing party costs and reasonable attorney's fees."

After twenty-two years of low-income plaintiffs effectively pursuing the
vindication of their rights under the NYCHRL, it is time for New York to
amend the HRL to extend similarly effective protections to the rest of
the state:

 
LEGISLATIVE HISTORY:

2019-20: S4085- REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

2017-18: S2261 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

2015-2016: S2380A - Amended and Recommitted to Investigations and
Government Operations

2013-2014: S3492/A8253 - Referred to Investigations and Government Oper-
ations

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3323 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3323
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  awards
   of attorney's fees in actions under the human rights law

   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 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 attor-
 ney'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  discrimi-
 nation  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] SHALL 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]  PLAINTIFF OR COMPLAINANT.  In no case shall attorney's fees be
 awarded to the division, nor shall the division be liable to a  prevail-
 ing  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07520-01-1

 S. 3323                             2
 
 the division's capacity as an employer. In cases of employment discrimi-
 nation, a respondent shall only be liable for attorney's fees under this
 subdivision if the respondent has been found liable for having committed
 an  unlawful  discriminatory  practice.  [In order to find the action or
 proceeding to be frivolous, the court or the commissioner must  find  in
 writing one or more of the following:
   (a)  the  action or proceeding was commenced, used or continued in bad
 faith, solely to delay or prolong the resolution of the litigation or to
 harass or maliciously injure another; or
   (b) the action or proceeding was commenced or continued in  bad  faith
 without  any reasonable basis and could not be supported by a good faith
 argument for an extension, modification or reversal of existing law.  If
 the  action  or  proceeding  was promptly discontinued when the party or
 attorney learned or should have learned that the  action  or  proceeding
 lacked such a reasonable basis, the court may find that the party or the
 attorney did not act in bad faith.]
   § 2. This act shall take effect immediately.

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Senate Bill S3323

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2021-S3323 (ACTIVE) - Details

2021-S3323 (ACTIVE) - Summary

2021-S3323 (ACTIVE) - Sponsor Memo

2021-S3323 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

2021-S3323 (ACTIVE) - Details

2021-S3323 (ACTIVE) - Summary

2021-S3323 (ACTIVE) - Sponsor Memo

2021-S3323 (ACTIVE) - Bill Text download pdf

Comments