S T A T E   O F   N E W   Y O R K
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                                  5441

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  Section 1. Subdivision 10 of section 297  of  the  executive  law,  as
added  by  section  17  of part D of chapter 405 of the laws of 1999, is
amended to read as follows:
  10. [With respect to cases of housing discrimination only, in]  IN  an
action  or  proceeding  at law under this section or section two hundred
ninety-eight of this article, the commissioner or the court [may in  its
discretion]  SHALL award reasonable attorney's fees to any prevailing or
substantially prevailing [party; provided, however,  that  a  prevailing
respondent  or  defendant in order to recover such reasonable attorney's
fees must make a motion requesting such fees and show that the action or
proceeding brought  was  frivolous;  and  further  provided  that  in  a
proceeding brought in the division of human rights, the commissioner may
only award attorney's fees as part of a final order after a public hear-
ing  held  pursuant  to  subdivision  four of this section] PLAINTIFF OR
COMPLAINANT. In no case shall attorney's fees be awarded  to  the  divi-
sion,  nor shall the division be liable to a prevailing or substantially
prevailing party for attorney's fees, except in  a  case  in  which  the
division  is  a  party to the action or the proceeding in the division's
capacity as an employer.  [In order to find the action or proceeding  to
be  frivolous, the court or the commissioner must find in writing one or
more of the following:
  (a) the action or proceeding was commenced, used or continued  in  bad
faith, solely to delay or prolong the resolution of the litigation or to
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

              

A. 5441                             2

  (b)  the  action or proceeding was commenced or continued in bad faith
without any reasonable basis and could not be supported by a good  faith
argument  for an extension, modification or reversal of existing law. If
the action or proceeding was promptly discontinued  when  the  party  or
attorney  learned  or  should have learned that the action or proceeding
lacked such a reasonable basis, the court may find that the party or the
attorney did not act in bad faith.]
  S 2. This act shall take effect immediately.