NY State Senate Bill 2019-S7073

Senate Bill S7073

2019-2020 Legislative Session

Relates to establishing a hotline for housing discrimination complaints and provides for the discretionary revocation or suspension of an individual's license upon a finding of housing discrimination

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations

2019-S7073 (ACTIVE) - Details

See Assembly Version of this Bill:: A10122
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §§295 & 297, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S3437, A2300

2019-S7073 (ACTIVE) - Summary

Establishes a hotline for housing discrimination complaints and provides for the discretionary revocation or suspension by the division of human rights of a real estate broker or salesperson's license upon a finding of unlawful housing discrimination.

2019-S7073 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7073

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing a toll-
free hotline for complainants of housing discrimination and providing
for the discretionary revocation or suspension of an individual's real
estate license upon a finding of unlawful housing discrimination

 
PURPOSE:

This legislation will create a process to report housing discrimination
and give oversight to the Division of Human Rights over cases involving
real estate licensees.

 
SUMMARY OF PROVISIONS:

Section 1. Amend executive law

1. Establishment of a toll free hotline to provide individuals with

assistance for complainants of housing discrimination

2. Authorizes the Division to revoke or suspend a real estate license
upon the finding of unlawful discrimination in a hearing before the
division

Section 2. Effective Date

 
JUSTIFICATION:

This past November, Newsday released a multiyear investigative report
documenting years of housing discrimination. Over several years, some
Long Island real estate license holders have been discriminating against
minority house buyers by steering potential homeowners to look at
certain communities. Current law requires at least 3 hours of continuing
education for real estate licenses.

Diversity inspires creativity, cultural sensitivity and is an important
foundation for our communities. Housing discrimination cannot be toler-
ated in our communities. It is clear that despite training on the topic,
housing discrimination is still occurring.  This legislation would
provide individuals with a way to report housing discrimination.
Furthermore, it would require real estate licensees to post a toll free
hotline number to report discrimination in their office of business.
Such posting is important to ensure that individuals are aware of the
laws relating to housing discrimination and know what actions to take if
they were to witness or experience housing discrimination.

The division of Human Rights is best equipped to make fact-finding deci-
sions on whether or not housing discrimination occurred.  Therefore,
this legislation would empower the division upon such a finding to
revoke or suspend real estate licenses after a hearing.  Ultimately,
these changes will act as a deterrent and a reminder to real estate
license holders about the harmful consequences of housing discrimi-
nation.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
120 days after becoming law

2019-S7073 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7073
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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 establishing  a  toll-
   free  hotline for complainants of housing discrimination and providing
   for the discretionary revocation or suspension of an individual's real
   estate license upon a finding of unlawful housing discrimination
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 295 of the executive law is amended by adding a new
 subdivision 17 to read as follows:
   17.  TO  ESTABLISH  A  TOLL-FREE  HOTLINE  TO PROVIDE INDIVIDUALS WITH
 COMPLAINTS OF HOUSING DISCRIMINATION COUNSEL AND ASSISTANCE.  THE  DIVI-
 SION  SHALL  OPERATE  THIS  HOTLINE  DURING  REGULAR  BUSINESS HOURS AND
 DISSEMINATE INFORMATION ABOUT THIS HOTLINE IN  ORDER  TO  ENSURE  PUBLIC
 KNOWLEDGE  OF  THE HOTLINE, INCLUDING HAVING EVERY OFFICE ENGAGED IN THE
 PRACTICE OF REAL  ESTATE  TRANSACTION  CONSPICUOUSLY  POST  THE  HOTLINE
 NUMBER IN THE PUBLIC AREA OF ITS OFFICE.
   §  2.  Section  297  of  the  executive law is amended by adding a new
 subdivision 11 to read as follows:
   11. IF, UPON ALL THE EVIDENCE AT A  HEARING  PURSUANT  TO  SUBDIVISION
 FOUR  OF THIS SECTION, THE DIVISION SHALL FIND THAT A REAL ESTATE BROKER
 OR SALESPERSON HAS ENGAGED IN ANY UNLAWFUL HOUSING DISCRIMINATION PURSU-
 ANT TO SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, THE DIVISION  MAY
 REVOKE  THE LICENSE OF SUCH REAL ESTATE BROKER OR SALESPERSON OR SUSPEND
 THE SAME, FOR SUCH A PERIOD AS THE DIVISION SHALL DEEM PROPER.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14446-01-9

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