Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Feb 03, 2021 | advanced to third reading |
Feb 02, 2021 | 2nd report cal. |
Feb 01, 2021 | 1st report cal.209 |
Jan 06, 2021 | referred to investigations and government operations |
senate Bill S749
2021-2022 Legislative Session
Sponsored By
Alessandra Biaggi
(D, WF) 34th Senate District
Current Bill Status - On Floor Calendar
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Votes
Co-Sponsors
Brad Hoylman
(D, WF) 27th Senate District
Julia Salazar
(D, WF) 18th Senate District
S749 (ACTIVE) - Details
S749 (ACTIVE) - Sponsor Memo
BILL NUMBER: S749 SPONSOR: BIAGGI TITLE OF BILL: 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 PURPOSE OF BILL: This bill would amend the Executive Law to provide for an award of attorney's fees and expert witness fees in all appropriate cases of discrimination. SUMMARY OF PROVISIONS: Section 1 of the bill would amend Executive Law § 297 (10) to allow the commissioner or the court in an action or proceeding (with respect to cases of housing discrimination only) to award reasonable attorney's fees to any prevailing or substantially prevailing party, provided that a prevailing respondent or defendant in order to recover such reasonable
S749 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 749 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. BIAGGI, HOYLMAN, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Investi- gations and Government 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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