Bill Text: NY A05480 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A05480 Detail]

Download: New_York-2021-A05480-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5480

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2021
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Governmental 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:

     1    Section 1. The executive law is amended by adding a new section  298-b
     2  to read as follows:
     3    §  298-b.  Enforcement  relating  to  the  conduct  of owners, agents,
     4  employees and others involved in the sale or rental of housing.  If  the
     5  commissioner  finds  that  a violation of subdivision two-a, subdivision
     6  three-b or subdivision five of section two hundred  ninety-six  of  this
     7  article  has occurred, the commissioner shall issue an order which shall
     8  do one or more of the following:
     9    1.  award  compensatory  damages  to  the  person  aggrieved  by  such
    10  violation;
    11    2. to vindicate the public interest, assess a civil penalty: (i) in an
    12  amount  not exceeding twenty-five thousand dollars if the respondent has
    13  not been adjudged to have committed  any  prior  discriminatory  housing
    14  practice;  (ii) in an amount not exceeding fifty thousand dollars if the
    15  respondent has been adjudged to have committed one other  discriminatory
    16  practice  during the five-year period prior to the date of the filing of
    17  the complaint; and (iii) in an amount not exceeding  seventy-five  thou-
    18  sand  dollars  if the respondent has been adjudged to have committed two
    19  or more discriminatory housing practices during  the  seven-year  period
    20  prior  to  the  date  of the filing of the complaint, except that if the
    21  acts constituting the discriminatory practice that is the object of  the
    22  complaint  are  committed by the same natural person who has been previ-
    23  ously adjudged to have  committed  acts  constituting  a  discriminatory
    24  housing  practice,  then  the civil penalties set forth in subparagraphs
    25  (ii) and (iii) of this paragraph may be imposed without  regard  to  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05145-01-1
        A. 5480                             2

     1  period  of  time  within  which  any  subsequent discriminatory practice
     2  occurred. Any civil penalty imposed pursuant to this  subdivision  shall
     3  not  limit  the  award of damages or other relief available at law or in
     4  equity to the person aggrieved by such violation;
     5    3.  require  the  respondent  to  cease  and desist from such unlawful
     6  discriminatory practices;
     7    4. award punitive damages to the person aggrieved by such violation;
     8    5. grant such other relief the commissioner deems just and equitable.
     9    § 2. The opening paragraph of section 298  of  the  executive  law  is
    10  designated  subdivision  1  and  a new subdivision 2 is added to read as
    11  follows:
    12    2. In an action filed by the attorney general pursuant to  subdivision
    13  twelve  of section sixty-three of this chapter, in addition to any other
    14  available relief, a court may, to vindicate the public interest,  assess
    15  a civil penalty against the respondent in an amount that does not exceed
    16  the following:
    17    (a)  If  the defendant is a natural person, (i) fifty thousand dollars
    18  for a first violation, and (ii)  one  hundred  thousand  dollars  for  a
    19  second or subsequent violation.
    20    (b)  If  the defendant is a corporate entity, (i) one hundred thousand
    21  dollars for a first  violation  and  (ii)  two  hundred  fifty  thousand
    22  dollars for a second or subsequent violation.
    23    §  3.  This act shall take effect immediately; provided, however, that
    24  section two of this act shall take effect on the same date  and  in  the
    25  same manner as chapter 236 of the laws of 2020 takes effect.