senate Bill S749

Signed By Governor
2021-2022 Legislative Session

Awards attorney fees and expert witness fees in appropriate cases

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Sponsored By

Archive: Last Bill Status - Signed by Governor

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

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view actions (14)
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
referred to codes
delivered to assembly
passed senate
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


view votes

Feb 1, 2021 - Investigations and Government Operations committee Vote

Aye with Reservations
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Feb 1, 2021

nay (1)


S749 (ACTIVE) - Details

See Assembly Version of this Bill:
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: S4129, A2475

S749 (ACTIVE) - Summary

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

S749 (ACTIVE) - Sponsor Memo

S749 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                             I N  S E N A T E
                              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
   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
   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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