Bill Text: NY A05956 | 2023-2024 | 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 10-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A05956 Detail]

Download: New_York-2023-A05956-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5956

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 24, 2023
                                       ___________

        Introduced by M. of A. SOLAGES, EPSTEIN, REYES, THIELE, DICKENS, KELLES,
          ANDERSON,  ZINERMAN, SIMON -- Multi-Sponsored by -- M. of A. DAVILA --
          read once and referred to the Committee 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01867-01-3
        A. 5956                             2

     1  (ii) and (iii) of this paragraph may be imposed without  regard  to  the
     2  period  of  time  within  which  any  subsequent discriminatory practice
     3  occurred. Any civil penalty imposed pursuant to this  subdivision  shall
     4  not  limit  the  award of damages or other relief available at law or in
     5  equity to the person aggrieved by such violation;
     6    3. require the respondent to  cease  and  desist  from  such  unlawful
     7  discriminatory practices;
     8    4. award punitive damages to the person aggrieved by such violation;
     9    5. grant such other relief the commissioner deems just and equitable.
    10    §  2.  The  opening  paragraph  of section 298 of the executive law is
    11  designated subdivision 1 and a new subdivision 2 is  added  to  read  as
    12  follows:
    13    2.  In an action filed by the attorney general pursuant to subdivision
    14  twelve of section sixty-three of this chapter, in addition to any  other
    15  available  relief, a court may, to vindicate the public interest, assess
    16  a civil penalty against the respondent in an amount that does not exceed
    17  the following:
    18    (a) If the defendant is a natural person, (i) fifty  thousand  dollars
    19  for  a  first  violation,  and  (ii)  one hundred thousand dollars for a
    20  second or subsequent violation.
    21    (b) If the defendant is a corporate entity, (i) one  hundred  thousand
    22  dollars  for  a  first  violation  and  (ii)  two hundred fifty thousand
    23  dollars for a second or subsequent violation.
    24    § 3. This act shall take effect immediately.