S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4887
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05145-02-1

 A. 4887                             2
 
 PERIOD  OF  TIME  WITHIN  WHICH  ANY  SUBSEQUENT DISCRIMINATORY PRACTICE
 OCCURRED. ANY CIVIL PENALTY IMPOSED PURSUANT TO THIS  SUBDIVISION  SHALL
 NOT  LIMIT  THE  AWARD OF DAMAGES OR OTHER RELIEF AVAILABLE AT LAW OR IN
 EQUITY TO THE PERSON AGGRIEVED BY SUCH VIOLATION;
   3.  REQUIRE  THE  RESPONDENT  TO  CEASE  AND DESIST FROM SUCH UNLAWFUL
 DISCRIMINATORY PRACTICES;
   4. AWARD PUNITIVE DAMAGES TO THE PERSON AGGRIEVED BY SUCH VIOLATION;
   5. GRANT SUCH OTHER RELIEF THE COMMISSIONER DEEMS JUST AND EQUITABLE.
   § 2. Section 298 of the executive law, as amended by  chapter  236  of
 the laws of 2020, is amended to read as follows:
   § 298. Judicial review and enforcement. 1. Any complainant, respondent
 or  other  person  aggrieved by an order of the commissioner which is an
 order after public hearing, a cease and desist order, an order  awarding
 damages, an order dismissing a complaint, or by an order of the division
 which  makes  a  final  disposition  of  a complaint may obtain judicial
 review thereof, and the division may obtain an order of  court  for  its
 enforcement  and  for  the  enforcement of any order of the commissioner
 which has not been appealed to the court, in a proceeding as provided in
 this section. Such proceeding shall be brought in the supreme  court  in
 the  county  wherein  the  unlawful discriminatory practice which is the
 subject of the order occurs or wherein any person required in the  order
 to  cease and desist from an unlawful discriminatory practice or to take
 other affirmative action resides or transacts business. Such  proceeding
 shall be initiated by the filing of a notice of petition and petition in
 such  court.  Thereafter,  at  a time and in a manner to be specified by
 rules of court, the division shall file with the court a  written  tran-
 script  of  the  record  of  all prior proceedings. Upon the filing of a
 notice of petition and petition, the court shall  have  jurisdiction  of
 the  proceeding  and  of  the  questions determined therein, except that
 where the order sought to be reviewed was made as a result of  a  public
 hearing  held pursuant to paragraph a of subdivision four of section two
 hundred ninety-seven of this article, the  court  shall  make  an  order
 directing  that  the  proceeding  be  transferred for disposition to the
 appellate division of the  supreme  court  in  the  judicial  department
 embracing  the  county  in which the proceeding was commenced. The court
 shall have power to grant such temporary relief or restraining order  as
 it  deems  just  and  proper,  and to make and enter upon the pleadings,
 testimony, and proceedings set forth in such transcript an order enforc-
 ing, modifying, and enforcing as so modified, or setting aside in  whole
 or  in  part  such  order. No objection that has not been urged in prior
 proceedings shall be considered by the  court,  unless  the  failure  or
 neglect to urge such objection shall be excused because of extraordinary
 circumstances.  Any  party  may  move the court to remit the case to the
 division in the interests of justice for the purpose of  adducing  addi-
 tional  specified  and  material  evidence and seeking findings thereon,
 provided he or she shows reasonable grounds for the  failure  to  adduce
 such  evidence in prior proceedings. The findings of facts on which such
 order is based shall be conclusive if supported by  sufficient  evidence
 on the record considered as a whole. All such proceedings shall be heard
 and  determined  by  the court and any appeal taken from its judgment or
 order shall be reviewed by the  appropriate  appellate  court  as  expe-
 ditiously as possible and with lawful precedence over other matters. The
 jurisdiction of the courts over these proceedings, as provided for here-
 in,  shall  be  exclusive and their judgments and orders shall be final,
 subject to appellate review in the same manner and  form  and  with  the
 same  effect  as  provided  for  appeals  from  a  judgment in a special

 A. 4887                             3
 
 proceeding. The division's copy of the testimony shall be  available  at
 all reasonable times to all parties for examination without cost and for
 the  purposes  of  judicial  review of such order. Any appeal under this
 section and any proceeding, if instituted under article seventy-eight of
 the civil practice law and rules to which the division or the board is a
 party  shall be heard on the record without requirement of printing. The
 division may appear in court by one of its attorneys. A proceeding under
 this section when instituted by any  complainant,  respondent  or  other
 person  aggrieved must be instituted within sixty days after the service
 of such order. In cases of  housing  discrimination  only,  a  complaint
 dismissed after investigation for lack of jurisdiction or lack of proba-
 ble  cause  may  either be appealed pursuant to this section or the same
 cause of action may be filed in  a  court  of  appropriate  jurisdiction
 pursuant to section two hundred ninety-seven of this article.
   2.  IN AN ACTION FILED BY THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION
 TWELVE OF SECTION SIXTY-THREE OF THIS CHAPTER, IN ADDITION TO ANY  OTHER
 AVAILABLE  RELIEF, A COURT MAY, TO VINDICATE THE PUBLIC INTEREST, ASSESS
 A CIVIL PENALTY AGAINST THE RESPONDENT IN AN AMOUNT THAT DOES NOT EXCEED
 THE FOLLOWING:
   (A) IF THE DEFENDANT IS A NATURAL PERSON, (I) FIFTY  THOUSAND  DOLLARS
 FOR  A  FIRST  VIOLATION,  AND  (II)  ONE HUNDRED THOUSAND DOLLARS FOR A
 SECOND OR SUBSEQUENT VIOLATION.
   (B) IF THE DEFENDANT IS A CORPORATE ENTITY, (I) ONE  HUNDRED  THOUSAND
 DOLLARS  FOR  A  FIRST  VIOLATION  AND  (II)  TWO HUNDRED FIFTY THOUSAND
 DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner as section 2 of chapter 236 of the laws of 2020, takes effect.