Assembly Bill A10894

2019-2020 Legislative Session

Relates to enforcement of fair housing

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

2019-A10894 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §298-b, amd §298, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A4887, A5480
2023-2024: A5956

2019-A10894 - Summary

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.

2019-A10894 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10894
 
                           I N  A S S E M B L Y
 
                              August 17, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
   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:

   Section 1. The executive law is amended by adding a new section  298-b
 to read as follows:
   §  298-B.  ENFORCEMENT RELATING TO REAL ESTATE BROKERS. IF THE COMMIS-
 SIONER FINDS THAT A VIOLATION OF SUBDIVISION THREE-B OR PARAGRAPH (C) OF
 SUBDIVISION FIVE OF SECTION TWO HUNDRED NINETY-SIX OF THIS  ARTICLE  HAS
 OCCURRED,  THE  COMMISSIONER  SHALL ISSUE AN ORDER WHICH SHALL DO ONE OR
 MORE OF THE FOLLOWING:
   1.  AWARD  COMPENSATORY  DAMAGES  TO  THE  PERSON  AGGRIEVED  BY  SUCH
 VIOLATION;
   2. TO VINDICATE THE PUBLIC INTEREST, ASSESS A CIVIL PENALTY: (I) IN AN
 AMOUNT  NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS IF THE RESPONDENT HAS
 NOT BEEN ADJUDGED TO HAVE COMMITTED  ANY  PRIOR  DISCRIMINATORY  HOUSING
 PRACTICE;  (II) IN AN AMOUNT NOT EXCEEDING FIFTY THOUSAND DOLLARS IF THE
 RESPONDENT HAS BEEN ADJUDGED TO HAVE COMMITTED ONE OTHER  DISCRIMINATORY
 PRACTICE  DURING THE FIVE-YEAR PERIOD PRIOR TO THE DATE OF THE FILING OF
 THE COMPLAINT; AND (III) IN AN AMOUNT NOT EXCEEDING  SEVENTY-FIVE  THOU-
 SAND  DOLLARS  IF THE RESPONDENT HAS BEEN ADJUDGED TO HAVE COMMITTED TWO
 OR MORE DISCRIMINATORY HOUSING PRACTICES DURING  THE  SEVEN-YEAR  PERIOD
 PRIOR  TO  THE  DATE  OF THE FILING OF THE COMPLAINT, EXCEPT THAT IF THE
 ACTS CONSTITUTING THE DISCRIMINATORY PRACTICE THAT IS THE OBJECT OF  THE
 COMPLAINT  ARE  COMMITTED BY THE SAME NATURAL PERSON WHO HAS BEEN PREVI-
 OUSLY ADJUDGED TO HAVE  COMMITTED  ACTS  CONSTITUTING  A  DISCRIMINATORY
 HOUSING  PRACTICE,  THEN  THE CIVIL PENALTIES SET FORTH IN SUBPARAGRAPHS
 (II) AND (III) OF THIS PARAGRAPH MAY BE IMPOSED WITHOUT  REGARD  TO  THE
 PERIOD  OF  TIME  WITHIN  WHICH  ANY  SUBSEQUENT DISCRIMINATORY PRACTICE
 OCCURRED;
   3. REQUIRE THE RESPONDENT TO  CEASE  AND  DESIST  FROM  SUCH  UNLAWFUL
 DISCRIMINATORY PRACTICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2019-A10894A (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §298-b, amd §298, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A4887, A5480
2023-2024: A5956

2019-A10894A (ACTIVE) - Summary

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.

2019-A10894A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10894--A
 
                           I N  A S S E M B L Y
 
                              August 17, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
   read once and referred to the Committee on Governmental Operations  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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:
 
   Section 1. The executive law is amended by adding a new section  298-b
 to read as follows:
   §  298-B.  ENFORCEMENT  RELATING  TO  THE  CONDUCT  OF OWNERS, AGENTS,
 EMPLOYEES AND OTHERS INVOLVED IN THE SALE OR RENTAL OF HOUSING.  IF  THE
 COMMISSIONER  FINDS  THAT  A VIOLATION OF SUBDIVISION TWO-A, SUBDIVISION
 THREE-B OR SUBDIVISION FIVE OF SECTION TWO HUNDRED  NINETY-SIX  OF  THIS
 ARTICLE  HAS OCCURRED, THE COMMISSIONER SHALL ISSUE AN ORDER WHICH SHALL
 DO ONE OR MORE OF THE FOLLOWING:
   1.  AWARD  COMPENSATORY  DAMAGES  TO  THE  PERSON  AGGRIEVED  BY  SUCH
 VIOLATION;
   2. TO VINDICATE THE PUBLIC INTEREST, ASSESS A CIVIL PENALTY: (I) IN AN
 AMOUNT  NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS IF THE RESPONDENT HAS
 NOT BEEN ADJUDGED TO HAVE COMMITTED  ANY  PRIOR  DISCRIMINATORY  HOUSING
 PRACTICE;  (II) IN AN AMOUNT NOT EXCEEDING FIFTY THOUSAND DOLLARS IF THE
 RESPONDENT HAS BEEN ADJUDGED TO HAVE COMMITTED ONE OTHER  DISCRIMINATORY
 PRACTICE  DURING THE FIVE-YEAR PERIOD PRIOR TO THE DATE OF THE FILING OF
 THE COMPLAINT; AND (III) IN AN AMOUNT NOT EXCEEDING  SEVENTY-FIVE  THOU-
 SAND  DOLLARS  IF THE RESPONDENT HAS BEEN ADJUDGED TO HAVE COMMITTED TWO
 OR MORE DISCRIMINATORY HOUSING PRACTICES DURING  THE  SEVEN-YEAR  PERIOD
 PRIOR  TO  THE  DATE  OF THE FILING OF THE COMPLAINT, EXCEPT THAT IF THE
 ACTS CONSTITUTING THE DISCRIMINATORY PRACTICE THAT IS THE OBJECT OF  THE
 COMPLAINT  ARE  COMMITTED BY THE SAME NATURAL PERSON WHO HAS BEEN PREVI-
 OUSLY ADJUDGED TO HAVE  COMMITTED  ACTS  CONSTITUTING  A  DISCRIMINATORY
 HOUSING  PRACTICE,  THEN  THE CIVIL PENALTIES SET FORTH IN SUBPARAGRAPHS
 (II) AND (III) OF THIS PARAGRAPH MAY BE IMPOSED WITHOUT  REGARD  TO  THE
 PERIOD  OF  TIME  WITHIN  WHICH  ANY  SUBSEQUENT DISCRIMINATORY PRACTICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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