S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5459
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the executive law and the state finance law, in relation
   to allocating fines imposed on real estate appraisers to the anti-dis-
   crimination in housing fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of subdivision 1 of section 160-u of
 the executive law, as amended by chapter 397 of the  laws  of  1991,  is
 amended to read as follows:
   The  rights  of any holder under a state certificate as a state certi-
 fied real estate appraiser, or a license as a state licensed real estate
 appraiser, may be revoked or suspended, A FINE NOT EXCEEDING  TWO  THOU-
 SAND  DOLLARS  MAY  BE  IMPOSED  ON  ANY  HOLDER OF THE CERTIFICATION OR
 LICENSE, PROVIDED THAT FIFTY PERCENT  OF  ALL  MONEYS  RECEIVED  BY  THE
 DEPARTMENT  OF STATE FOR SUCH FINES SHALL BE PAYABLE TO THE ANTI-DISCRI-
 MINATION IN HOUSING FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-A OF THE
 STATE FINANCE LAW, or the holder of the certification or license may  be
 otherwise disciplined in accordance with the provisions of this article,
 upon  any  of  the grounds set forth in this section. The department may
 investigate the actions of a state certified  or  licensed  real  estate
 appraiser,  and  may  revoke  or  suspend the rights of a certificate or
 license holder IMPOSE A FINE ON A  CERTIFICATE  OR  LICENSE  HOLDER,  or
 otherwise discipline a state certified or licensed real estate appraiser
 for any of the following acts or omissions:
   §  2.  Subdivision 9 of section 160-e of the executive law, as amended
 by chapter 397 of the laws of 1991, is amended to read as follows:
   9. To suspend and revoke certificates  or  licenses  OR  IMPOSE  FINES
 pursuant to the disciplinary proceedings provided for in this article.
   §  3.  Subdivision 1 of section 160-v of the executive law, as amended
 by chapter 241 of the laws of 1999, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03861-01-3
              

 A. 5459                             2
 
   1. Before suspending or  revoking  any  certification  or  license  OR
 IMPOSING  ANY  FINES  ON  A  HOLDER  OF  A CERTIFICATION OR LICENSE, the
 department shall notify the state  certified  or  licensed  real  estate
 appraiser  or licensed real estate appraiser assistant in writing of any
 charges  made at least twenty days prior to the date set for the hearing
 and shall afford him or her an opportunity to be heard in person  or  by
 counsel.
   §  4.  Subdivision 2 of section 160-w of the executive law, as amended
 by chapter 241 of the laws of 1999, is amended to read as follows:
   2. If the department determined that a  state  certified  or  licensed
 real  estate  appraiser  or  licensed real estate appraiser assistant is
 guilty of a violation of any of the provisions of this article, it shall
 prepare a finding of fact and recommend that such  appraiser  be  repri-
 manded  or  that  his  or  her  certification or license be suspended or
 revoked OR THAT A FINE BE IMPOSED. The decision and order of the depart-
 ment shall be final.
   § 5. Subdivisions 2 and 3 of section 80-a of the  state  finance  law,
 subdivision  2 as added by chapter 687 of the laws of 2021, and subdivi-
 sion 3 as amended by chapter 89 of the laws of   2022,  are  amended  to
 read as follows:
   2.  The  anti-discrimination  in  housing fund shall consist of moneys
 appropriated thereto, moneys transferred from any other fund or sources,
 FIFTY PERCENT OF ALL FINES AND FORFEITURES COLLECTED PURSUANT TO  SUBDI-
 VISION  ONE  OF  SECTION  ONE  HUNDRED SIXTY-U OF THE EXECUTIVE LAW, and
 fifty percent of all fines and forfeitures collected pursuant  to  para-
 graph  (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,  INCLUDING
 BUT NOT LIMITED TO TESTING REAL ESTATE APPRAISERS, through allocation 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 entities specializing in the prevention of unlawful discrimi-
 nation in housing, to detect unlawful discrimination in housing.
   § 6. This act shall take effect immediately.