S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11107
 
                           I N  A S S E M B L Y
 
                             November 6, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jean-Pierre)
   -- read once and referred to the Committee on Judiciary
 
 AN  ACT  to  amend  the real property law, in relation to establishing a
   paired testing program and a compliance fee; and to  amend  the  state
   finance  law,  in  relation to establishing the paired testing program
   fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 441-g to read as follows:
   § 441-G. PAIRED TESTING PROGRAM. 1. FOR THE PURPOSE OF  THIS  SECTION,
 "PAIRED  TESTING" SHALL MEAN A TEST IN WHICH TWO TESTERS ASSUME THE ROLE
 OF APPLICANTS WITH EQUIVALENT SOCIAL AND  ECONOMIC  CHARACTERISTICS  WHO
 DIFFER  ONLY  IN  TERMS OF THE CHARACTERISTIC BEING TESTED FOR DISCRIMI-
 NATION, SUCH AS BUT NOT LIMITED TO, RACE, DISABILITY STATUS, OR  MARITAL
 STATUS.
   2.  THE  COMMISSIONER  OF THE DIVISION OF HUMAN RIGHTS SHALL DEVELOP A
 PAIRED TESTING PROGRAM TO DETERMINE IF  ANY  REAL  ESTATE  BROKER,  REAL
 ESTATE  SALESPERSON  OR  EMPLOYEE  OR  AGENT  THEREOF ARE USING UNLAWFUL
 DISCRIMINATORY PRACTICES AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION FIVE
 OF SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
   3. (A) ANY REAL ESTATE BROKER, REAL ESTATE SALESPERSON OR EMPLOYEE  OR
 AGENT  THEREOF  FOUND USING UNLAWFUL DISCRIMINATORY PRACTICES AS DEFINED
 IN PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION TWO  HUNDRED  NINETY-SIX
 OF  THE  EXECUTIVE  LAW  SHALL  BE  SUBJECT TO A FINE IN AN AMOUNT TO BE
 DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS.
   (B) IN ADDITION TO ANY FINE IMPOSED PURSUANT TO PARAGRAPH (A) OF  THIS
 SUBDIVISION  A  REAL  ESTATE  BROKER OR REAL ESTATE SALESPERSON LICENSED
 PURSUANT TO THIS  ARTICLE  MAY  HAVE  HIS  OR  HER  LICENSE  REVOKED  OR
 SUSPENDED PURSUANT TO SECTION FOUR HUNDRED FORTY-ONE-C OF THIS ARTICLE.
   4.  MONIES  COLLECTED  FROM  ANY  FINE IMPOSED PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION SHALL BE DEPOSITED IN THE PAIRED  TESTING  PROGRAM
 FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE
 LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14438-01-9

 A. 11107                            2
 
   5.  SUCH FINES AS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION SHALL
 BE IN ADDITION TO ANY OTHER FINE OR PENALTY PURSUANT TO LAW.
   6.  THE  COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS IS AUTHORIZED TO
 PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE ADMINISTRATION OF  THE
 PAIRED TESTING PROGRAM AS SET FORTH IN THIS SECTION.
   § 2. The state finance law is amended by adding a new section 99-hh to
 read as follows:
   §  99-HH.  PAIRED TESTING PROGRAM FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
 TAXATION  AND FINANCE IN CONSULTATION WITH THE COMMISSIONER OF THE DIVI-
 SION OF HUMAN RIGHTS, A FUND TO BE KNOWN AS THE "PAIRED TESTING  PROGRAM
 FUND".
   2.  THE  PAIRED  TESTING  PROGRAM  FUND SHALL CONSIST OF ALL FINES AND
 FORFEITURES COLLECTED PURSUANT TO SECTION FOUR  HUNDRED  FORTY-ONE-G  OF
 THE REAL PROPERTY LAW, COMPLIANCE FEES COLLECTED PURSUANT TO SUBDIVISION
 ONE-B  OF  SECTION FOUR HUNDRED FORTY-ONE-B OF THE REAL PROPERTY LAW AND
 ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM  ANY
 OTHER  FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   3. THE COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS SHALL  USE  MONIES
 IN  THE FUND FOR THE ADMINISTRATION OF THE PAIRED TESTING PROGRAM ESTAB-
 LISHED PURSUANT TO SECTION FOUR HUNDRED FORTY-ONE-G OF THE REAL PROPERTY
 LAW.
   § 3. Section 441-b of the real property law is amended by adding a new
 subdivision 1-B to read as follows:
   1-B. IN ADDITION TO THE FEE FOR A LICENSE ISSUED OR REISSUED UNDER THE
 PROVISIONS OF THIS ARTICLE ENTITLING A PERSON,  CO-PARTNERSHIP,  LIMITED
 LIABILITY COMPANY OR CORPORATION TO ACT AS A REAL ESTATE BROKER OR ENTI-
 TLING A PERSON TO ACT AS A REAL ESTATE SALESMAN THERE SHALL BE A COMPLI-
 ANCE  FEE IN AN AMOUNT TO BE DETERMINED BY THE COMMISSIONER OF THE DIVI-
 SION OF HUMAN RIGHTS.   NOTWITHSTANDING ANY  PROVISION  OF  LAW  TO  THE
 CONTRARY  ALL SUCH COMPLIANCE FEES COLLECTED SHALL BE DEPOSITED INTO THE
 PAIRED TESTING PROGRAM FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-
 HH OF THE STATE FINANCE LAW.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.