Senate Bill S5840

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5840
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in  relation  to  establishing  a
   paired  testing  program  and a compliance fee; and to amend the state
   finance law, in relation to establishing the  paired  testing  program
   fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  section
 441-g to read as follows:
   §  441-G.  PAIRED TESTING PROGRAM. 1. FOR THE PURPOSE OF THIS SECTION,
 "PAIRED TESTING" SHALL MEAN A TEST IN WHICH TWO TESTERS ASSUME THE  ROLE
 OF  APPLICANTS  WITH  EQUIVALENT SOCIAL AND ECONOMIC CHARACTERISTICS WHO
 DIFFER ONLY IN TERMS OF THE CHARACTERISTIC BEING  TESTED  FOR  DISCRIMI-
 NATION,  SUCH AS BUT NOT LIMITED TO, RACE, DISABILITY STATUS, OR MARITAL
 STATUS.
   2. THE COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS  SHALL  DEVELOP  A
 PAIRED  TESTING  PROGRAM  TO  DETERMINE  IF ANY REAL ESTATE BROKER, REAL
 ESTATE SALESPERSON OR EMPLOYEE  OR  AGENT  THEREOF  ARE  USING  UNLAWFUL
 DISCRIMINATORY PRACTICES AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION FIVE
 OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
   3.  (A) ANY REAL ESTATE BROKER, REAL ESTATE SALESPERSON OR EMPLOYEE OR
 AGENT THEREOF FOUND USING UNLAWFUL DISCRIMINATORY PRACTICES  AS  DEFINED
 IN  PARAGRAPH  (C) OF SUBDIVISION FIVE OF SECTION TWO HUNDRED NINETY-SIX
 OF THE EXECUTIVE LAW SHALL BE SUBJECT TO A  FINE  IN  AN  AMOUNT  TO  BE
 DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS.
   (B)  IN ADDITION TO ANY FINE IMPOSED PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION A REAL ESTATE BROKER OR  REAL  ESTATE  SALESPERSON  LICENSED
 PURSUANT  TO  THIS  ARTICLE  MAY  HAVE  HIS  OR  HER  LICENSE REVOKED OR
 SUSPENDED PURSUANT TO SECTION FOUR HUNDRED FORTY-ONE-C OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02883-01-3
 S. 5840                             2
              

 
   4. MONIES COLLECTED FROM ANY  FINE  IMPOSED  PURSUANT  TO  SUBDIVISION
 THREE  OF  THIS SECTION SHALL BE DEPOSITED IN THE PAIRED TESTING PROGRAM
 FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE FINANCE
 LAW.
   5.  SUCH FINES AS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION SHALL
 BE IN ADDITION TO ANY OTHER FINE OR PENALTY PURSUANT TO LAW.
   6. THE COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS IS  AUTHORIZED  TO
 PROMULGATE  RULES AND REGULATIONS TO CARRY OUT THE ADMINISTRATION OF THE
 PAIRED TESTING PROGRAM AS SET FORTH IN THIS SECTION.
   § 2. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   § 99-QQ. PAIRED TESTING PROGRAM FUND. 1. THERE IS  HEREBY  ESTABLISHED
 IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
 TAXATION AND FINANCE IN CONSULTATION WITH THE COMMISSIONER OF THE  DIVI-
 SION  OF HUMAN RIGHTS, A FUND TO BE KNOWN AS THE "PAIRED TESTING PROGRAM
 FUND".
   2. THE PAIRED TESTING PROGRAM FUND SHALL  CONSIST  OF  ALL  FINES  AND
 FORFEITURES  COLLECTED  PURSUANT  TO SECTION FOUR HUNDRED FORTY-ONE-G OF
 THE REAL PROPERTY LAW, COMPLIANCE FEES COLLECTED PURSUANT TO SUBDIVISION
 ONE-B OF SECTION FOUR HUNDRED FORTY-ONE-B OF THE REAL PROPERTY  LAW  AND
 ALL  OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   3.  THE  COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS SHALL USE MONIES
 IN THE FUND FOR THE ADMINISTRATION OF THE PAIRED TESTING PROGRAM  ESTAB-
 LISHED PURSUANT TO SECTION FOUR HUNDRED FORTY-ONE-G OF THE REAL PROPERTY
 LAW.
   § 3. Section 441-b of the real property law is amended by adding a new
 subdivision 1-B to read as follows:
   1-B. IN ADDITION TO THE FEE FOR A LICENSE ISSUED OR REISSUED UNDER THE
 PROVISIONS  OF  THIS ARTICLE ENTITLING A PERSON, CO-PARTNERSHIP, LIMITED
 LIABILITY COMPANY OR CORPORATION TO ACT AS A REAL ESTATE BROKER OR ENTI-
 TLING A PERSON TO ACT AS A REAL ESTATE SALESMAN THERE SHALL BE A COMPLI-
 ANCE FEE IN AN AMOUNT TO BE DETERMINED BY THE COMMISSIONER OF THE  DIVI-
 SION  OF  HUMAN  RIGHTS.    NOTWITHSTANDING  ANY PROVISION OF LAW TO THE
 CONTRARY ALL SUCH COMPLIANCE FEES COLLECTED SHALL BE DEPOSITED INTO  THE
 PAIRED TESTING PROGRAM FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-
 QQ OF THE STATE FINANCE LAW.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.