Bill Text: NY A05441 | 2015-2016 | General Assembly | Amended

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Bill Title: Provides for the award of attorney's fees in actions under the human rights law.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 0000-00-00 - [A05441 Detail]

Download: New_York-2015-A05441-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5441
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    February 23, 2015
                                       ___________
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the executive law, in relation to providing  for  awards
          of attorney's fees in actions under the human rights law
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 10 of section 297  of  the  executive  law,  as
     2  added  by  section  17  of part D of chapter 405 of the laws of 1999, is
     3  amended to read as follows:
     4    10. [With respect to cases of housing discrimination only, in]  In  an
     5  action  or  proceeding  at law under this section or section two hundred
     6  ninety-eight of this article, the commissioner or the court [may in  its
     7  discretion]  shall award reasonable attorney's fees to any prevailing or
     8  substantially prevailing [party; provided, however,  that  a  prevailing
     9  respondent  or  defendant in order to recover such reasonable attorney's
    10  fees must make a motion requesting such fees and show that the action or
    11  proceeding brought  was  frivolous;  and  further  provided  that  in  a
    12  proceeding brought in the division of human rights, the commissioner may
    13  only award attorney's fees as part of a final order after a public hear-
    14  ing  held  pursuant  to  subdivision  four of this section] plaintiff or
    15  complainant. In no case shall attorney's fees be awarded  to  the  divi-
    16  sion,  nor shall the division be liable to a prevailing or substantially
    17  prevailing party for attorney's fees, except in  a  case  in  which  the
    18  division  is  a  party to the action or the proceeding in the division's
    19  capacity as an employer.  [In order to find the action or proceeding  to
    20  be  frivolous, the court or the commissioner must find in writing one or
    21  more of the following:
    22    (a) the action or proceeding was commenced, used or continued  in  bad
    23  faith, solely to delay or prolong the resolution of the litigation or to
    24  harass or maliciously injure another; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06965-01-5