Bill Text: NY A10130 | 2021-2022 | General Assembly | Introduced
Bill Title: Allocates fines imposed on real estate appraisers to the anti-discrimination in housing fund; provides that a fine not exceeding two thousand dollars may be imposed on real estate appraisers for certain acts or omissions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-29 - referred to judiciary [A10130 Detail]
Download: New_York-2021-A10130-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10130 IN ASSEMBLY April 29, 2022 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the executive law and the state finance law, in relation to allocating fines imposed on real estate appraisers to the anti-dis- crimination in housing fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 1 of section 160-u of 2 the executive law, as amended by chapter 397 of the laws of 1991, is 3 amended to read as follows: 4 The rights of any holder under a state certificate as a state certi- 5 fied real estate appraiser, or a license as a state licensed real estate 6 appraiser, may be revoked or suspended, a fine not exceeding two thou- 7 sand dollars may be imposed on any holder of the certification or 8 license, provided that fifty percent of all moneys received by the 9 department of state for such fines shall be payable to the anti-discri- 10 mination in housing fund established pursuant to section eighty-a of the 11 state finance law, or the holder of the certification or license may be 12 otherwise disciplined in accordance with the provisions of this article, 13 upon any of the grounds set forth in this section. The department may 14 investigate the actions of a state certified or licensed real estate 15 appraiser, and may revoke or suspend the rights of a certificate or 16 license holder impose a fine on a certificate or license holder, or 17 otherwise discipline a state certified or licensed real estate appraiser 18 for any of the following acts or omissions: 19 § 2. Subdivision 9 of section 160-e of the executive law, as amended 20 by chapter 397 of the laws of 1991, is amended to read as follows: 21 9. To suspend and revoke certificates or licenses or impose fines 22 pursuant to the disciplinary proceedings provided for in this article. 23 § 3. Subdivision 1 of section 160-v of the executive law, as amended 24 by chapter 241 of the laws of 1999, is amended to read as follows: 25 1. Before suspending or revoking any certification or license or 26 imposing any fines on a holder of a certification or license, the 27 department shall notify the state certified or licensed real estate EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14303-01-2A. 10130 2 1 appraiser or licensed real estate appraiser assistant in writing of any 2 charges made at least twenty days prior to the date set for the hearing 3 and shall afford him or her an opportunity to be heard in person or by 4 counsel. 5 § 4. Subdivision 2 of section 160-w of the executive law, as amended 6 by chapter 241 of the laws of 1999, is amended to read as follows: 7 2. If the department determined that a state certified or licensed 8 real estate appraiser or licensed real estate appraiser assistant is 9 guilty of a violation of any of the provisions of this article, it shall 10 prepare a finding of fact and recommend that such appraiser be repri- 11 manded or that his or her certification or license be suspended or 12 revoked or that a fine be imposed. The decision and order of the depart- 13 ment shall be final. 14 § 5. Subdivisions 2 and 3 of section 80-a of the state finance law, as 15 added by chapter 687 of the laws of 2021, are amended to read as 16 follows: 17 2. The anti-discrimination in housing fund shall consist of moneys 18 appropriated thereto, moneys transferred from any other fund or sources, 19 fifty percent of all fines and forfeitures collected pursuant to subdi- 20 vision one of section one hundred sixty-u of the executive law, and 21 fifty percent of all fines and forfeitures collected pursuant to para- 22 graph (a) of subdivision one of section four hundred forty-one-c of the 23 real property law. Nothing contained in this section shall prevent the 24 state from receiving grants, gifts or bequests for the purposes of the 25 fund as defined in this section and depositing them into the fund 26 according to law. 27 3. The moneys in the anti-discrimination in housing fund shall be kept 28 separate from and shall not be commingled with any other moneys in the 29 custody of the state comptroller. Such moneys shall be made available to 30 the office of the attorney general, for fair housing testing, including 31 but not limited to testing real estate appraisers, and allocation of 32 grants to duly applying county, city, town or village human rights 33 commissions, or other duly applying county, city, town, village or not- 34 for-profit agencies specializing in the prevention of unlawful discrimi- 35 nation in housing. 36 § 6. This act shall take effect immediately; provided that if chapter 37 687 of the laws of 2021 shall not have taken effect on or before such 38 date then section four of this act shall take effect on the same date 39 and in the same manner as such chapter of the laws of 2021 takes effect.
