NY State Senate Bill 2015-S2380A

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 28, 2016	print number 2380a
Jan 28, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Jan 22, 2015	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2015-S2380 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §297, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3492
2017-2018: S2261
2019-2020: S4085
2021-2022: S3323
2023-2024: S5767

2015-S2380 - Summary

Provides for the award of attorney's fees in actions under the human rights law.

2015-S2380 - Sponsor Memo

                                BILL NUMBER:S2380

TITLE OF BILL:  An act to amend the executive law, in relation to
providing for awards of attorney's fees in actions under the human
rights law

PURPOSE:

To provide access to justice to those who cannot afford it in actions
or proceedings relating to the state human rights law.

SUMMARY OF PROVISIONS:

Section 1: Provides for an award of reasonable attorneys fees. Section
2: Provides the act shall take effect immediately.

JUSTIFICATION:

Unlike New York City's Human Rights Law, and unlike federal civil
rights law, New York State's Human Rights Law (HRL) does not provide
for the possibility of reasonable attorneys fees. The purpose for
permitting plaintiff's attorneys) to receive reasonable attorneys fees
is to increase the remedies available to victims of discrimination.

As of 2010, 92% of all complaints filed with the New York State
Division of Human Rights (DHR) were for disability discrimination or

employment matters, which do not include a right to attorney's fees.
Although the HRL provides a right to attorneys fees for housing
discrimination cases (see, N.Y. Exec. Law § 297(10)), they only made
up 8% of DHR's cases in 2010.

The HRL has the potential to offer New Yorkers civil rights
protections beyond federal law, but these rights may not be realized
without the provision of attorney's fees. The failure of the HRL to
provide fox attorneys fee in non-housing related discrimination cases
severely limits the protections afforded under the Human Rights Law.
Furthermore, it is the exact opposite of the federal civil rights
statutes upon which the HRL was modeled. Consequently, even though the
HRL's protections of individuals is relatively similar to that
provided by federal civil rights statutes, because it does not provide
for an award of attorneys fees, many plaintiffs are unable to pursue
the vindication of their rights. That is why when the Civil Rights Act
of 1964 was passed, Congress added attorneys fees so that enforcement
could rely in part upon private litigation to secure compliance.

The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988,
is one of the most widely used statutory instruments to award of
attorneys' fees in federal civil rights cases. Congress enacted § 1988
to ensure that low-income individuals could effectively access the
courts to enforce civil rights laws. The determination of attorneys'
fees under § 1988 is also the same analysis used under Title VII,
Section 504 and the Americans with Disabilities Act.

The New York City Human Rights Law (NYCHRL) and other state laws
already provide for attorney's fees. Attorneys fees under the NYCHRL
have been authorized since 1991 and provide that: in any civil action
commenced pursuant to this section, the court, in its discretion, may


award the prevailing party costs and reasonable attorney's fees."
After twenty-two years of low-income plaintiffs effectively pursuing
the vindication of their rights under the NYCHRL, it is time for New
York to amend the HRL to extend similarly effective protections to the
rest of the state.

LEGISLATIVE HISTORY:

2014-2013: S3492/A8253 - Referred to Investigations and Government
Operations

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2380 - Bill Text download pdf

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

                                  2380

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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

S. 2380                             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.

2015-S2380A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §297, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3492
2017-2018: S2261
2019-2020: S4085
2021-2022: S3323
2023-2024: S5767

2015-S2380A (ACTIVE) - Summary

Provides for the award of attorney's fees in actions under the human rights law.

2015-S2380A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2380A

 TITLE OF BILL :

An act to amend the executive law, in relation to providing for awards
of attorney's fees in actions under the human rights law

 PURPOSE :

To provide access to justice to those who cannot afford it in actions
or proceedings relating to the state human rights law.

 SUMMARY OF PROVISIONS :

Section 1: Provides for an award of reasonable attorneys fees. Section
2: Provides the act shall take effect immediately.

 JUSTIFICATION :

Unlike New York City's Human Rights Law, and unlike federal civil
rights law, New York State's Human Rights Law (HRL) does not provide
for the possibility of reasonable attorneys fees. The purpose for
permitting plaintiff's attorneys) to receive reasonable attorneys fees
is to increase the remedies available to victims of discrimination.

As of 2010, 92% of all complaints filed with the New York State

Division of Human Rights (DHR) were for disability discrimination or
employment matters, which do not include a right to attorney's fees.
Although the HRL provides a right to attorneys fees for housing
discrimination cases (see, N.Y. Exec. Law § 297(10)), they only made
up 8% of DHR's cases in 2010.

The HRL has the potential to offer New Yorkers civil rights
protections beyond federal law, but these rights may not be realized
without the provision of attorney's fees. The failure of the HRL to
provide fox attorneys fee in non-housing related discrimination cases
severely limits the protections afforded under the Human Rights Law.
Furthermore, it is the exact opposite of the federal civil rights
statutes upon which the HRL was modeled. Consequently, even though the
HRL's protections of individuals is relatively similar to that
provided by federal civil rights statutes, because it does not provide
for an award of attorneys fees, many plaintiffs are unable to pursue
the vindication of their rights. That is why when the Civil Rights Act
of 1964 was passed, Congress added attorneys fees so that enforcement
could rely in part upon private litigation to secure compliance.

The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988,
is one of the most widely used statutory instruments to award of
attorneys' fees in federal civil rights cases. Congress enacted § 1988
to ensure that low-income individuals could effectively access the
courts to enforce civil rights laws. The determination of attorneys'
fees under § 1988 is also the same analysis used under Title VII,
Section 504 and the Americans with Disabilities Act.

The New York City Human Rights Law (NYCHRL) and other state laws
already provide for attorney's fees. Attorneys fees under the NYCHRL
have been authorized since 1991 and provide that: in any civil action
commenced pursuant to this section, the court, in its discretion, may
award the prevailing party costs and reasonable attorney's fees."
After twenty-two years of low-income plaintiffs effectively pursuing
the vindication of their rights under the NYCHRL, it is time for New
York to amend the HRL to extend similarly effective protections to the
rest of the state.

 LEGISLATIVE HISTORY :

2014-2013: S3492/A8253 - Referred to Investigations and Government
Operations

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S2380A (ACTIVE) - Bill Text download pdf

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

                                 2380--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 22, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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
amended by chapter 364 of the laws  of  2015,  is  amended  to  read  as
follows:
  10.  [With  respect to all cases of housing discrimination and housing
related credit discrimination 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 award reasonable  attor-
ney's fees to any prevailing or substantially prevailing party; and with
respect to a claim of employment or credit discrimination where sex is a
basis  of  such  discrimination,  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 attributable to such claim to any  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 hearing  held  pursuant  to
subdivision  four of this section] PLAINTIFF OR COMPLAINANT.  In no case
shall attorney's fees be awarded to the division, nor shall the division

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06965-04-6

S. 2380--A                          2

be liable to a prevailing or substantially prevailing party  for  attor-
ney'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
cases  of  employment  discrimination, a respondent shall only be liable
for attorney's fees under this subdivision if the  respondent  has  been
found  liable  for having committed an unlawful discriminatory practice.
[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
  (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.

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Senate Bill S2380A

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

2015-S2380 - Details

2015-S2380 - Summary

2015-S2380 - Sponsor Memo

2015-S2380 - Bill Text download pdf

2015-S2380A (ACTIVE) - Details

2015-S2380A (ACTIVE) - Summary

2015-S2380A (ACTIVE) - Sponsor Memo

2015-S2380A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2380A

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

2015-S2380 - Details

2015-S2380 - Summary

2015-S2380 - Sponsor Memo

2015-S2380 - Bill Text download pdf

2015-S2380A (ACTIVE) - Details

2015-S2380A (ACTIVE) - Summary

2015-S2380A (ACTIVE) - Sponsor Memo

2015-S2380A (ACTIVE) - Bill Text download pdf

Comments