S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    715
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05145-01-1

 S. 715                              2
 
 HOUSING  PRACTICE,  THEN  THE CIVIL PENALTIES SET FORTH IN SUBPARAGRAPHS
 (II) AND (III) OF THIS PARAGRAPH MAY BE IMPOSED WITHOUT  REGARD  TO  THE
 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.