Bill Text: NY S00532 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 532

Introduced

Bill Title: Authorizes the commissioner of human rights to enforce provisions relating to real estate brokers and unlawful discriminatory practices; awards compensatory damages to the aggrieved person; assesses a civil penalty to vindicate the public interest; makes related provisions.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-02-12 - referred to governmental operations [S00532 Detail]

Download: New_York-2023-S00532-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                           532

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens.  THOMAS,  HARCKHAM, KAVANAGH, MANNION, MAY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Investigations and Government 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:

     1    Section  1. The executive law is amended by adding a new section 298-b
     2  to read as follows:
     3    § 298-b. Enforcement  relating  to  the  conduct  of  owners,  agents,
     4  employees  and  others involved in the sale or rental of housing. If the
     5  commissioner finds that a violation of  subdivision  two-a,  subdivision
     6  three-b  or  subdivision  five of section two hundred ninety-six of this
     7  article has occurred, the commissioner shall issue an order which  shall
     8  do one or more of the following:
     9    1.  award  compensatory  damages  to  the  person  aggrieved  by  such
    10  violation;
    11    2. to vindicate the public interest, assess a civil penalty: (i) in an
    12  amount not exceeding twenty-five thousand dollars if the respondent  has
    13  not  been  adjudged  to  have committed any prior discriminatory housing
    14  practice; (ii) in an amount not exceeding fifty thousand dollars if  the
    15  respondent  has been adjudged to have committed one other discriminatory
    16  practice during the five-year period prior to the date of the filing  of
    17  the  complaint;  and (iii) in an amount not exceeding seventy-five thou-
    18  sand dollars if the respondent has been adjudged to have  committed  two
    19  or  more  discriminatory  housing practices during the seven-year period
    20  prior to the date of the filing of the complaint,  except  that  if  the
    21  acts  constituting the discriminatory practice that is the object of the
    22  complaint are committed by the same natural person who has  been  previ-
    23  ously  adjudged  to  have  committed  acts constituting a discriminatory
    24  housing practice, then the civil penalties set  forth  in  subparagraphs

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01867-01-3

        S. 532                              2

     1  (ii)  and  (iii)  of this paragraph may be imposed without regard to the
     2  period of time  within  which  any  subsequent  discriminatory  practice
     3  occurred.  Any  civil penalty imposed pursuant to this subdivision shall
     4  not  limit  the  award of damages or other relief available at law or in
     5  equity to the person aggrieved by such violation;
     6    3. require the respondent to  cease  and  desist  from  such  unlawful
     7  discriminatory practices;
     8    4. award punitive damages to the person aggrieved by such violation;
     9    5. grant such other relief the commissioner deems just and equitable.
    10    §  2.  The  opening  paragraph  of section 298 of the executive law is
    11  designated subdivision 1 and a new subdivision 2 is  added  to  read  as
    12  follows:
    13    2.  In an action filed by the attorney general pursuant to subdivision
    14  twelve of section sixty-three of this chapter, in addition to any  other
    15  available  relief, a court may, to vindicate the public interest, assess
    16  a civil penalty against the respondent in an amount that does not exceed
    17  the following:
    18    (a) If the defendant is a natural person, (i) fifty  thousand  dollars
    19  for  a  first  violation,  and  (ii)  one hundred thousand dollars for a
    20  second or subsequent violation.
    21    (b) If the defendant is a corporate entity, (i) one  hundred  thousand
    22  dollars  for  a  first  violation  and  (ii)  two hundred fifty thousand
    23  dollars for a second or subsequent violation.
    24    § 3. This act shall take effect immediately.