S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    532
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  THOMAS,  HARCKHAM, KAVANAGH, MANNION, MAY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Investigations and Government 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
 HOUSING PRACTICE, THEN THE CIVIL PENALTIES SET  FORTH  IN  SUBPARAGRAPHS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01867-01-3
              

 S. 532                              2
 
 (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.