NY State Senate Bill S532

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 27, 2023	referred to governmental operations delivered to assembly passed senate
Feb 08, 2023	advanced to third reading
Feb 07, 2023	2nd report cal.
Feb 06, 2023	1st report cal.273
Jan 04, 2023	referred to investigations and government operations

Votes

view votes

Feb 27, 2023 - floor Vote

S532

floor

Aye

Nay

Absent

Excused

Abstained

Feb 6, 2023 - Investigations and Government Operations committee Vote

S532

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S532 (ACTIVE) - Details

See Assembly Version of this Bill:: A5956
Law Section:: Executive Law
Laws Affected:: Add §298-b, amd §298, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7632, A10894
2021-2022: S715, A4887, A5480

S532 (ACTIVE) - Summary

Authorizes the commissioner of human rights to enforce provisions relating to real estate brokers and unlawful discriminatory practices; awards compensatory damages to the aggrieved person; assesses a civil penalty to vindicate the public interest; makes related provisions.

S532 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S532

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the executive law, in relation to enforcement of fair
housing

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill aims to deter violations of the Human Rights Law in relation
to fair housing by increasing penalties related to claims brought by the
Commissioner of the New York State Division of Human Rights as well as
those brought by the Attorney General in relation to patterns and prac-
tices of discriminatory conduct.

 
SUMMARY OF PROVISIONS:

Section one amends the executive law by adding a new section related to
enforcement of the fair housing laws that relate to the conduct of
owners, agents, employees and other involved in the sale or rental of
housing.It authorizes awards of compensatory damages, punitive damages

or other relief, orders to cease and desist discriminatory conduct, and
creates a graduated penalty structure for violations to vindicate the
public interest.

Section two amends section 298 of the executive law to allow courts to
impose additional penalties to vindicate the public interest when the
Attorney General brings a case based on alleged patterns and practices
of discriminatory conduct.

Section three is the effective date.

 
JUSTIFICATION:

On November 17, 2019, Newsday, a news organization in Long Island and
New York City, published a three-year investigation of discrimination by
real estate agents, revealing evidence of widespread separate and
unequal treatment of minority potential homebuyers and minority communi-
ties on Long Island. Additionally, the investigation revealed that Long
Island's dominant residential brokering firms appeared to be helping to
solidify racial separations.

Newsday conducted 86 matching tests in areas stretching from the New
York City line to the Hamptons and from Long Island Sound to the South
Shore. In forty percent of the tests, evidence suggested that brokers
subjected minority testers to disparate treatment when compared with
white testers, with inequalities rising to almost fifty percent for
black potential buyers.

This bill is designed to deter violations of the Human Rights Law in
relation to fair housing by increasing penalties related to claims
brought by the Commissioner of the New York State Division of Human
Rights as well as those brought by the Attorney General in relation to
patterns and practices or discriminatory conduct.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.715 (Thomas) / A.5480 (Solages) - Passed Senate.
2019-20: S.7632-A (Thomas)/ A.10894-A - Committed to Investigations and
Governmental Operations Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S532 (ACTIVE) - Bill Text download pdf

 
                     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.

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The New York State Senate

senate Bill S532

Sponsored By

Current Bill Status - Passed Senate

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Votes

Feb 27, 2023 - floor Vote

Floor Vote: Feb 27, 2023

Feb 6, 2023 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Feb 6, 2023

Co-Sponsors

S532 (ACTIVE) - Details

S532 (ACTIVE) - Summary

S532 (ACTIVE) - Sponsor Memo

S532 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S532

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Sponsored By

Kevin Thomas

Current Bill Status - Passed Senate

Your Voice

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Votes

Feb 27, 2023 - floor Vote

Floor Vote: Feb 27, 2023

Feb 6, 2023 - Investigations and Government Operations committee Vote

Investigations and Government Operations Committee Vote: Feb 6, 2023

Co-Sponsors

Pete Harckham

Brian Kavanagh

John W. Mannion

Rachel May

S532 (ACTIVE) - Details

S532 (ACTIVE) - Summary

S532 (ACTIVE) - Sponsor Memo

S532 (ACTIVE) - Bill Text download pdf

Comments