Bill Text: NY A08795 | 2019-2020 | General Assembly | Introduced

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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) 2020-01-08 - referred to governmental operations [A08795 Detail]

Download: New_York-2019-A08795-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8795

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    November 25, 2019
                                       ___________

        Introduced by M. of A. O'DONNELL, SIMON -- 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  amended by chapter 161 of the laws  of  2019,  is  amended  to  read  as
     3  follows:
     4    10.  [With  respect to all cases of housing discrimination and housing
     5  related credit discrimination in an action or proceeding  at  law  under
     6  this  section  or  section two hundred ninety-eight of this article, the
     7  commissioner or the court may in its discretion award reasonable  attor-
     8  ney's fees to any prevailing or substantially prevailing party; and with
     9  respect to a claim of credit discrimination where sex is a basis of such
    10  discrimination,  and  with respect to all claims of employment discrimi-
    11  nation in] In an action or proceeding  at  law  under  this  section  or
    12  section  two  hundred  ninety-eight of this article, the commissioner or
    13  the court [may in its discretion] shall award reasonable attorney's fees
    14  attributable to such claim to any prevailing [party; provided,  however,
    15  that  a  prevailing  respondent  or  defendant  in order to recover such
    16  reasonable attorney's fees must make a motion requesting such  fees  and
    17  show  that  the  action or proceeding brought was frivolous; and further
    18  provided that in a proceeding brought in the division of  human  rights,
    19  the commissioner may only award attorney's fees as part of a final order
    20  after  a  public  hearing  held  pursuant  to  subdivision  four of this
    21  section] plaintiff or complainant. In no case shall attorney's  fees  be
    22  awarded  to the division, nor shall the division be liable to a prevail-
    23  ing or substantially prevailing party for attorney's fees, except  in  a
    24  case in which the division is a party to the action or the proceeding in
    25  the division's capacity as an employer. In cases of employment discrimi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09338-02-9
        A. 8795                             2

     1  nation, a respondent shall only be liable for attorney's fees under this
     2  subdivision if the respondent has been found liable for having committed
     3  an  unlawful  discriminatory  practice.  [In order to find the action or
     4  proceeding  to  be frivolous, the court or the commissioner must find in
     5  writing one or more of the following:
     6    (a) the action or proceeding was commenced, used or continued  in  bad
     7  faith, solely to delay or prolong the resolution of the litigation or to
     8  harass or maliciously injure another; or
     9    (b)  the  action or proceeding was commenced or continued in bad faith
    10  without any reasonable basis and could not be supported by a good  faith
    11  argument  for an extension, modification or reversal of existing law. If
    12  the action or proceeding was promptly discontinued  when  the  party  or
    13  attorney  learned  or  should have learned that the action or proceeding
    14  lacked such a reasonable basis, the court may find that the party or the
    15  attorney did not act in bad faith.]
    16    § 2. This act shall take effect immediately.