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

Current Bill Status Via S749 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 03, 2021 approval memo.30
signed chap.566
Oct 22, 2021 delivered to governor
May 20, 2021 returned to senate
passed assembly
ordered to third reading cal.72
substituted for a1899
May 20, 2021 substituted by s749
Jan 28, 2021 advanced to third reading cal.72
Jan 26, 2021 reported
Jan 20, 2021 reported referred to codes
Jan 11, 2021 referred to judiciary

Votes

view votes

Feb 1, 2021 - Investigations and Government Operations committee Vote

S749
6
1
committee
6
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 1, 2021

nay (1)

Co-Sponsors

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

A1899 (ACTIVE) - Summary

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

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.