Assembly Bill A1899

Signed By Governor
2021-2022 Legislative Session

Awards attorney fees and expert witness fees in appropriate cases

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S749 - Signed by Governor


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2021-A1899 (ACTIVE) - Details

See Senate Version of this Bill:
S749
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8184
2011-2012: A1860
2013-2014: A353
2015-2016: A1998
2017-2018: A3923
2019-2020: A2475, S4129

2021-A1899 (ACTIVE) - Summary

Awards attorney's fees and expert witness fees in appropriate cases.

2021-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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.