NY State Senate Bill 2021-S945

Senate Bill S945

Signed By Governor

2021-2022 Legislative Session

Establishes the anti-discrimination in housing fund and allocates moneys from fines thereto

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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
Dec 21, 2021	approval memo.74 signed chap.687
Dec 10, 2021	delivered to governor
Jun 08, 2021	returned to senate passed assembly ordered to third reading rules cal.592 substituted for a6866
Feb 08, 2021	referred to judiciary delivered to assembly passed senate
Feb 03, 2021	amended on third reading (t) 945b
Feb 02, 2021	ordered to third reading cal.226
Feb 01, 2021	reported and committed to rules
Jan 28, 2021	print number 945a
Jan 28, 2021	amend and recommit to judiciary
Jan 06, 2021	referred to judiciary

Votes

- Feb 8, 2021 - Floor Vote
  S945
  
  60
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 8, 2021
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (3)
      
      Gallivan
      
      O'Mara
      
      Oberacker
  Feb 2, 2021 - Rules Committee Vote
  S945
  
  16
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Feb 2, 2021
      
      aye (16)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (1)
      
      O'Mara
      
      aye wr (4)
      
      Gallivan
      
      Lanza
      
      Ortt
      
      Ritchie
  Feb 2, 2021 - Judiciary Committee Vote
  S945
  
  11
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 2, 2021
      
      aye (11)
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Myrie
      
      Palumbo
      
      Skoufis
      
      Stavisky
      
      nay (1)
      
      O'Mara
      
      aye wr (3)
      
      Lanza
      
      Oberacker
      
      Thomas

Bill Amendments

Original

B (Active)

2021-S945 - Details

Law Section:: Real Property Law
Laws Affected:: Amd §441-c, RP L; add §80-a, St Fin L
Versions Introduced in 2019-2020 Legislative Session:: S7852

2021-S945 - Summary

Establishes the anti-discrimination in housing fund and allocates moneys from fines thereto.

2021-S945 - Sponsor Memo

                                
 
BILL NUMBER: S945

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the real property law and the state finance law, in
relation to allocating fines to the anti-discrimination in housing fund

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a special fund to be known as the "anti-discrimination in
housing fund," which will collect revenue from fines imposed pursuant to
section 441-c of the real property law; and to provide funds collected
pursuant to section 441-c of the real property law to the county human
rights commission in the county where a violation under 441c of the real
property law occurred.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 1 of section 441-c of the
real property law to increase fine limits for violations under this

section from one thousand to two thousand dollars payable to the depart-
ment of state; and further establishes that twenty-five percent of all
moneys received by the department of state shall be payable to the coun-
ty human rights commission in the county where the violation occurred,
and twenty-five percent of all moneys received by the department of
state shall be payable to the antidiscrimination in housing fund estab-
lished pursuant to section 80-a of the state finance law.

Section 2 amends the state finance law by adding a new section 80-a to
establish in the custody of the state comptroller a special fund to be
known as the anti-discrimination in housing fund, which shall consist of
moneys appropriated thereto, funds transferred from any other fund or
sources, and twenty-five percent of all fines and forfeitures collected
pursuant to section 441-c of the real property law.

Section 3 sets the effective date.

 
JUSTIFICATION:

A recent years-long investigation conducted by Newsday, a Long Island-
based newspaper, revealed disturbing evidence of discriminatory prac-
tices on the part of real estate salespersons and brokers. A series of
"testers" revealed disparate and unequal treatment and guidance based on
tester racial characteristics and ethnicity.

Under current law, the department of state has the ability to revoke or
suspend the license of a real estate broker or salesman, or to impose a
fine not exceeding one thousand dollars, for violations under Article
12-A of the real property law. This bill would increase the fine thresh-
old from one thousand dollars to two thousand dollars, and would divert
twenty five percent of the revenues collected from these fines to coun-
ty-level human rights commission offices, as well as twenty five percent
of the revenues towards a new special fund called the anti-discrimina-
tion in housing fund. This new special fund would be established in the
custody of the state comptroller and funds would be made available to
the commissioner of the division of human rights to allocate and expend
solely for grants for duly applying not-for-profit agencies specializing
in anti-housing discrimination.
Counties have earmarked additional resources to county-level human
rights commission offices in the wake of this investigation, and commu-
nity leaders and not-for-profit agencies have been sounding the alarm on
discriminatory practices for years and are playing a vital role in
devising real solutions to this issue; this new fund will help subsidize
the operating costs for these entities so that they can continue doing
the important work they do.

 
PRIOR LEGISLATIVE HISTORY:

2020: S7852A

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2021-S945 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    945
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law and  the  state  finance  law,  in
   relation  to  allocating  fines  to the anti-discrimination in housing
   fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1 of section 441-c of the real
 property  law, as amended by chapter 131 of the laws of 2020, is amended
 to read as follows:
   (a) The department of state may revoke the license of  a  real  estate
 broker  or  salesman or suspend the same, for such period as the depart-
 ment may deem proper, or in lieu thereof may impose a fine not exceeding
 [one] TWO thousand dollars payable to the department of  state,  TWENTY-
 FIVE  PERCENT OF ALL MONEYS RECEIVED BY THE DEPARTMENT OF STATE SHALL BE
 PAYABLE TO THE COUNTY HUMAN RIGHTS COMMISSION, OR IN THE CASE OF A COUN-
 TY WHOLLY CONTAINED WITHIN A CITY, THE CITY HUMAN RIGHTS COMMISSION,  IN
 THE  COUNTY  WHERE THE VIOLATION OCCURRED AND TWENTY-FIVE PERCENT OF ALL
 MONEYS RECEIVED BY THE DEPARTMENT OF STATE SHALL BE PAYABLE TO THE ANTI-
 DISCRIMINATION IN HOUSING FUND ESTABLISHED PURSUANT TO SECTION  EIGHTY-A
 OF THE STATE FINANCE LAW, or a reprimand upon conviction of the licensee
 of  a  violation  of  any  provision  of this article, or for a material
 misstatement in the application for such license, or  if  such  licensee
 has  been  guilty  of fraud or fraudulent practices, or for dishonest or
 misleading advertising, or has demonstrated untrustworthiness or  incom-
 petency  to  act as a real estate broker or salesman, or for a violation
 of article fifteen of the executive law committed in his or her capacity
 as a real estate broker or salesman, as  the  case  may  be.    PROVIDED
 HOWEVER,  IF  THE  COUNTY  WHERE  THE VIOLATION OCCURRED DOES NOT HAVE A
 COUNTY HUMAN RIGHTS COMMISSION, THEN THE PORTION OF  MONIES  THAT  WOULD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03803-01-1

 S. 945                              2
 
 HAVE BEEN PAYABLE TO THE COUNTY HUMAN RIGHTS COMMISSION SHALL INSTEAD BE
 DEPOSITED  IN THE ANTI-DISCRIMINATION IN HOUSING FUND ESTABLISHED PURSU-
 ANT TO SECTION EIGHTY-A OF THE STATE FINANCE  LAW.    PROVIDED  FURTHER,
 THAT IN THE EVENT THAT THE JURISDICTION WHERE THE VIOLATION OCCURRED, AS
 DETERMINED  BY  THE  DEPARTMENT OF STATE, HAS BOTH A COUNTY HUMAN RIGHTS
 COMMISSION AND A CITY, TOWN OR  VILLAGE  HUMAN  RIGHTS  COMMISSION,  THE
 PORTION  OF  MONEY  DUE  TO  THE COUNTY HUMAN RIGHTS COMMISSION SHALL BE
 SPLIT EQUALLY BETWEEN THE COUNTY AND CITY, TOWN OR  VILLAGE  COMMISSION.
 In  the case of a real estate broker engaged in the business of a tenant
 relocator, untrustworthiness or incompetency shall include  engaging  in
 any course of conduct including, but not limited to, the interruption or
 discontinuance  of  essential  building service, that interferes with or
 disturbs the peace, comfort, repose and quiet enjoyment of a tenant.
   § 2. The state finance law is amended by adding a new section 80-a  to
 read as follows:
   § 80-A. ANTI-DISCRIMINATION IN HOUSING FUND. 1. THERE IS HEREBY ESTAB-
 LISHED  IN  THE  CUSTODY  OF  THE STATE COMPTROLLER A SPECIAL FUND TO BE
 KNOWN AS THE "ANTI-DISCRIMINATION IN HOUSING FUND".
   2. THE ANTI-DISCRIMINATION IN HOUSING FUND  SHALL  CONSIST  OF  MONEYS
 APPROPRIATED  THERETO, FUNDS TRANSFERRED FROM ANY OTHER FUND OR SOURCES,
 AND TWENTY-FIVE PERCENT OF ALL FINES AND FORFEITURES COLLECTED  PURSUANT
 TO  SECTION  FOUR  HUNDRED FORTY-ONE-C OF THE REAL PROPERTY 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 MONEYS IN THE ANTI-DISCRIMINATION IN HOUSING FUND SHALL BE KEPT
 SEPARATE  FROM  AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE
 CUSTODY OF THE STATE COMPTROLLER. SUCH MONEYS SHALL BE MADE AVAILABLE TO
 THE COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS TO ALLOCATE AND  EXPEND
 SOLELY FOR GRANTS FOR DULY APPLYING NOT-FOR-PROFIT AGENCIES SPECIALIZING
 IN THE PREVENTION OF UNLAWFUL DISCRIMINATION IN HOUSING.
   4.  THE  COMMISSIONER  OF THE DIVISION OF HUMAN RIGHTS SHALL ESTABLISH
 THE APPLICATION  CRITERIA  FOR  SUCH  NOT-FOR-PROFIT  AGENCIES  FOR  THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION.
   5.  THE MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT
 OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSION-
 ER OF THE DIVISION OF HUMAN RIGHTS.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

co-Sponsors

2021-S945A - Details

Law Section:: Real Property Law
Laws Affected:: Amd §441-c, RP L; add §80-a, St Fin L
Versions Introduced in 2019-2020 Legislative Session:: S7852

2021-S945A - Summary

Establishes the anti-discrimination in housing fund and allocates moneys from fines thereto.

2021-S945A - Sponsor Memo

                                
 
BILL NUMBER: S945A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the real property law and the state finance law, in
relation to allocating fines to the anti-discrimination in housing fund

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a special fund to be known as the "anti-discrimination in
housing fund," which will collect a portion of revenue from fines
imposed pursuant to section 441-c of the real property law; and to
provide a portion of funds collected pursuant to section 441-c of the
real property law to the county human rights commission in the county
where a violation under 441c of the real property law occurred.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 1 of section 441-c of the
real property law to increase fine limits for violations under this

section from one thousand to two thousand dollars; and further estab-
lishes that twenty-five percent of all moneys received by the department
of state shall be payable to the county human rights commission in the
county where the violation occurred, and twenty-five percent of all
moneys received by the department of state shall be payable to the anti-
discrimination in housing fund established pursuant to section 80-a of
the state finance law.

Section 2 amends the state finance law by adding a new section 80-a to
establish in the custody of the state comptroller a special fund to be
known as the anti-discrimination in housing fund, which shall consist of
moneys appropriated thereto, funds transferred from any other fund or
sources, and twenty-five percent of all fines and forfeitures collected
pursuant to section 441-c of the real property law.

Section 3 sets the effective date.

 
JUSTIFICATION:

A recent years-long investigation conducted by Newsday, a Long Island-
based newspaper, revealed disturbing evidence of discriminatory prac-
tices on the part of real estate salespersons and brokers. A series of
"testers" revealed disparate and unequal treatment and guidance based on
tester racial characteristics and ethnicity.

Under current law, the department of state has the ability to revoke or
suspend the license of a real estate broker or salesman, or to impose a
fine not exceeding one thousand dollars, for violations under Article
12-A of the real property law. This bill would increase the fine thresh-
old from one thousand dollars to two thousand dollars, and would divert
twenty five percent of the revenues collected from these fines to coun-
ty-level human rights commission offices, as well as twenty five percent
of the revenues towards a new special fund called the anti-discrimina-
tion in housing fund. This new special fund would be established in the
custody of the state comptroller and funds would be made available to
the department of state for fair housing testing and to allocate and
expend grants for duly applying not-for-profit agencies specializing in
anti-housing discrimination.
Counties have earmarked additional resources to county-level human
rights commission offices in the wake of this investigation, and commu-
nity leaders and not-for-profit agencies have been sounding the alarm on
discriminatory practices for years and are playing a vital role in
devising real solutions to this issue; this new fund will help subsidize
the operating costs for these entities so that they can continue doing
the important work they do.

 
PRIOR LEGISLATIVE HISTORY:

2020: S7852A

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2021-S945A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  945--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to  amend  the  real property law and the state finance law, in
   relation to allocating fines to  the  anti-discrimination  in  housing
   fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1 of section 441-c of the real
 property law, as amended by chapter 131 of the laws of 2020, is  amended
 to read as follows:
   (a)  The  department  of state may revoke the license of a real estate
 broker or salesman or suspend the same, for such period as  the  depart-
 ment may deem proper, or in lieu thereof may impose a fine not exceeding
 [one]  TWO  thousand dollars payable to the department of state, TWENTY-
 FIVE PERCENT OF ALL MONEYS RECEIVED BY THE DEPARTMENT OF STATE SHALL  BE
 PAYABLE TO THE COUNTY HUMAN RIGHTS COMMISSION, OR IN THE CASE OF A COUN-
 TY  WHOLLY CONTAINED WITHIN A CITY, THE CITY HUMAN RIGHTS COMMISSION, IN
 THE COUNTY WHERE THE VIOLATION OCCURRED AND TWENTY-FIVE PERCENT  OF  ALL
 MONEYS RECEIVED BY THE DEPARTMENT OF STATE SHALL BE PAYABLE TO THE ANTI-
 DISCRIMINATION  IN HOUSING FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-A
 OF THE STATE FINANCE LAW, or a reprimand upon conviction of the licensee
 of a violation of any provision of  this  article,  or  for  a  material
 misstatement  in  the  application for such license, or if such licensee
 has been guilty of fraud or fraudulent practices, or  for  dishonest  or
 misleading  advertising, or has demonstrated untrustworthiness or incom-
 petency to act as a real estate broker or salesman, or for  a  violation
 of article fifteen of the executive law committed in his or her capacity
 as  a  real  estate  broker  or  salesman, as the case may be.  PROVIDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03803-02-1

 S. 945--A                           2
 
 HOWEVER, IF THE COUNTY WHERE THE VIOLATION  OCCURRED  DOES  NOT  HAVE  A
 COUNTY  HUMAN  RIGHTS  COMMISSION, THEN THE PORTION OF MONIES THAT WOULD
 HAVE BEEN PAYABLE TO THE COUNTY HUMAN RIGHTS COMMISSION SHALL INSTEAD BE
 DEPOSITED  IN THE ANTI-DISCRIMINATION IN HOUSING FUND ESTABLISHED PURSU-
 ANT TO SECTION EIGHTY-A OF THE STATE FINANCE  LAW.    PROVIDED  FURTHER,
 THAT IN THE EVENT THAT THE JURISDICTION WHERE THE VIOLATION OCCURRED, AS
 DETERMINED  BY  THE  DEPARTMENT OF STATE, HAS BOTH A COUNTY HUMAN RIGHTS
 COMMISSION AND A CITY, TOWN OR  VILLAGE  HUMAN  RIGHTS  COMMISSION,  THE
 PORTION  OF  MONEY  DUE  TO  THE COUNTY HUMAN RIGHTS COMMISSION SHALL BE
 SPLIT EQUALLY BETWEEN THE COUNTY AND CITY, TOWN OR  VILLAGE  COMMISSION.
 In  the case of a real estate broker engaged in the business of a tenant
 relocator, untrustworthiness or incompetency shall include  engaging  in
 any course of conduct including, but not limited to, the interruption or
 discontinuance  of  essential  building service, that interferes with or
 disturbs the peace, comfort, repose and quiet enjoyment of a tenant.
   § 2. The state finance law is amended by adding a new section 80-a  to
 read as follows:
   § 80-A. ANTI-DISCRIMINATION IN HOUSING FUND. 1. THERE IS HEREBY ESTAB-
 LISHED  IN  THE  CUSTODY  OF  THE STATE COMPTROLLER A SPECIAL FUND TO BE
 KNOWN AS THE "ANTI-DISCRIMINATION IN HOUSING FUND".
   2. THE ANTI-DISCRIMINATION IN HOUSING FUND  SHALL  CONSIST  OF  MONEYS
 APPROPRIATED  THERETO, FUNDS TRANSFERRED FROM ANY OTHER FUND OR SOURCES,
 AND TWENTY-FIVE PERCENT OF ALL FINES AND FORFEITURES COLLECTED  PURSUANT
 TO  SECTION  FOUR  HUNDRED FORTY-ONE-C OF THE REAL PROPERTY 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 MONEYS IN THE ANTI-DISCRIMINATION IN HOUSING FUND SHALL BE KEPT
 SEPARATE  FROM  AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE
 CUSTODY OF THE STATE COMPTROLLER. SUCH MONEYS SHALL BE MADE AVAILABLE TO
 THE DEPARTMENT OF STATE, FOR FAIR  HOUSING  TESTING  AND  ALLOCATION  OF
 GRANTS  TO  DULY  APPLYING  NOT-FOR-PROFIT  AGENCIES SPECIALIZING IN THE
 PREVENTION OF UNLAWFUL DISCRIMINATION IN HOUSING.
   4. THE DEPARTMENT OF STATE SHALL ESTABLISH  THE  APPLICATION  CRITERIA
 FOR SUCH NOT-FOR-PROFIT AGENCIES FOR THE PURPOSES OF THE FUND AS DEFINED
 IN THIS SECTION.
   5.  THE MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT
 OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  SECRETARY
 OF STATE.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-S945B (ACTIVE) - Details

Law Section:: Real Property Law
Laws Affected:: Amd §441-c, RP L; add §80-a, St Fin L
Versions Introduced in 2019-2020 Legislative Session:: S7852

2021-S945B (ACTIVE) - Summary

Establishes the anti-discrimination in housing fund and allocates moneys from fines thereto.

2021-S945B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S945B

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the real property law and the state finance law, in
relation to establishing the anti-discrimination in housing fund and
allocating moneys from fines thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish a special fund to be known as the "anti-discrimination in
housing fund," which will collect a portion of revenue from fines
imposed pursuant to section 441-c of the real property law; and to
provide a portion of funds collected pursuant to section 441-c of the
real property law to the "anti-discrimination in housing fund"

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 1 of section 441-c of the
real property law to increase fine limits for violations under this

section from one thousand to two thousand dollars; and further estab-
lishes that fifty percent of all moneys received by the department of
state shall be payable to the antidiscrimination in housing fund estab-
lished pursuant to section 80-a of the state finance law.

Section 2 amends the state finance law by adding a new section 80-a to
establish in the custody of the state comptroller a special fund to be
known as the anti-discrimination in housing fund, which shall consist of
moneys appropriated thereto, funds transferred from any other fund or
sources, and fifty percent of all fines and forfeitures collected pursu-
ant to section 441-c of the real property law.

Section 3 sets the effective date.

 
JUSTIFICATION:

A recent years-long investigation conducted by Newsday, a Long Island
based newspaper, revealed disturbing evidence of discriminatory prac-
tices on the part of real estate salespersons and brokers. A series of
"testers" revealed disparate and unequal treatment and guidance based on
tester racial characteristics and ethnicity.

Under current law, the department of state has the ability to revoke or
suspend the license of a real estate broker or salesman, or to impose a
fine not exceeding one thousand dollars, for violations under Article
12-A of the real property law. This bill would increase the fine thresh-
old from one thousand dollars to two thousand dollars, and would divert
fifty percent of the revenues collected from these fines to a new
special fund established in the custody of the state comptroller and
funds would be made available to the office of the attorney general for
fair housing testing and to allocate and expend grants for duly applying
county, city, town or village human rights commissions, or other duly
applying county, city, town, village or not-for-profit agencies special-
izing in anti-housing discrimination.

These additional resources will be vital in identifying and devising
real solutions to tackle discriminatory housing practices.

 
PRIOR LEGISLATIVE HISTORY:

2020: S7852A

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2021-S945B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  945--B
     Cal. No. 226
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, KAPLAN -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee  and  committed  to  the  Committee on Rules -- ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT  to  amend  the  real property law and the state finance law, in
   relation to establishing the anti-discrimination in housing  fund  and
   allocating moneys from fines thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1 of section 441-c of the real
 property law, as amended by chapter 131 of the laws of 2020, is  amended
 to read as follows:
   (a)  The  department  of state may revoke the license of a real estate
 broker or salesman or suspend the same, for such period as  the  depart-
 ment may deem proper, or in lieu thereof may impose a fine not exceeding
 [one]  TWO thousand dollars payable to the department of state, PROVIDED
 THAT FIFTY PERCENT OF ALL MONEYS RECEIVED BY THE DEPARTMENT OF STATE FOR
 SUCH FINES SHALL BE PAYABLE TO THE ANTI-DISCRIMINATION IN  HOUSING  FUND
 ESTABLISHED  PURSUANT TO SECTION EIGHTY-A OF THE STATE FINANCE LAW, or a
 reprimand upon  conviction  of  the  licensee  of  a  violation  of  any
 provision  of this article, or for a material misstatement in the appli-
 cation for such license, or if such licensee has been guilty of fraud or
 fraudulent practices, or for dishonest or misleading advertising, or has
 demonstrated untrustworthiness or incompetency to act as a  real  estate
 broker  or salesman, or for a violation of article fifteen of the execu-
 tive law committed in his or her capacity as a  real  estate  broker  or
 salesman,  as  the  case  may  be.   In the case of a real estate broker

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03803-03-1

 S. 945--B                           2
 
 engaged in the business of  a  tenant  relocator,  untrustworthiness  or
 incompetency  shall include engaging in any course of conduct including,
 but not limited to, the  interruption  or  discontinuance  of  essential
 building  service,  that interferes with or disturbs the peace, comfort,
 repose and quiet enjoyment of a tenant.
   § 2. The state finance law is amended by adding a new section 80-a  to
 read as follows:
   § 80-A. ANTI-DISCRIMINATION IN HOUSING FUND. 1. THERE IS HEREBY ESTAB-
 LISHED  IN  THE  CUSTODY  OF  THE STATE COMPTROLLER A SPECIAL FUND TO BE
 KNOWN AS THE "ANTI-DISCRIMINATION IN HOUSING FUND".
   2. THE ANTI-DISCRIMINATION IN HOUSING FUND  SHALL  CONSIST  OF  MONEYS
 APPROPRIATED THERETO, MONEYS TRANSFERRED FROM ANY OTHER FUND OR SOURCES,
 AND  FIFTY  PERCENT  OF  ALL FINES AND FORFEITURES COLLECTED PURSUANT TO
 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-ONE-C  OF
 THE  REAL  PROPERTY 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 MONEYS IN THE ANTI-DISCRIMINATION IN HOUSING FUND SHALL BE KEPT
 SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS  IN  THE
 CUSTODY OF THE STATE COMPTROLLER. SUCH MONEYS SHALL BE MADE AVAILABLE TO
 THE  OFFICE  OF THE ATTORNEY GENERAL, FOR FAIR HOUSING TESTING AND ALLO-
 CATION OF GRANTS TO DULY APPLYING COUNTY, CITY, TOWN  OR  VILLAGE  HUMAN
 RIGHTS  COMMISSIONS,  OR OTHER DULY APPLYING COUNTY, CITY, TOWN, VILLAGE
 OR NOT-FOR-PROFIT AGENCIES SPECIALIZING IN THE  PREVENTION  OF  UNLAWFUL
 DISCRIMINATION IN HOUSING.
   4.  THE  ATTORNEY GENERAL SHALL ESTABLISH THE APPLICATION CRITERIA FOR
 SUCH NOT-FOR-PROFIT AGENCIES FOR THE PURPOSES OF THE FUND AS DEFINED  IN
 THIS SECTION.
   5.  THE MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT
 OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED  BY  THE  ATTORNEY
 GENERAL.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S945

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Archive: Last Bill Status - Signed by Governor

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2021-S945 - Details

2021-S945 - Summary

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2021-S945B (ACTIVE) - Details

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2021-S945B (ACTIVE) - Sponsor Memo

2021-S945B (ACTIVE) - Bill Text download pdf

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