Bill Text: NY S04129 | 2019-2020 | General Assembly | Amended

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Bill Title: Awards attorney's fees and expert witness fees in appropriate cases.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-02-11 - PRINT NUMBER 4129A [S04129 Detail]

Download: New_York-2019-S04129-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4129--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      March 1, 2019
                                       ___________

        Introduced by Sens. BIAGGI, CARLUCCI, HOYLMAN, SALAZAR -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Investigations and Government Operations -- recommitted to the Commit-
          tee on Investigations and Government  Operations  in  accordance  with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the executive law, in  relation  to  providing  for  the
          award of attorney's fees and expert witness fees in appropriate cases

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 10 of section 297  of  the  executive  law,  as
     2  amended  by  chapter  161  of  the  laws  of 2019, is amended to read as
     3  follows:
     4    10. [With respect to all cases of housing discrimination  and  housing
     5  related  credit  discrimination  in]  In  an action or proceeding at law
     6  under this section or section two hundred ninety-eight of this  article,
     7  the  commissioner  or  the  court may in its discretion award reasonable
     8  attorney's fees to any prevailing or substantially prevailing party; and
     9  with respect to a claim of credit discrimination where sex is a basis of
    10  such discrimination, and  with  respect  to  all  claims  of  employment
    11  discrimination  in  an action or proceeding at law under this section or
    12  section two hundred ninety-eight of this article,  the  commissioner  or
    13  the court may in its discretion award reasonable attorney's fees attrib-
    14  utable  to such claim to any prevailing party; provided, however, that a
    15  prevailing respondent or defendant in order to recover  such  reasonable
    16  attorney's  fees  must  make a motion requesting such fees and show that
    17  the action or proceeding brought was  frivolous;  and  further  provided
    18  that  in  a  proceeding  brought  in  the  division of human rights, the
    19  commissioner may only award attorney's fees as part  of  a  final  order
    20  after  a  public  hearing  held  pursuant  to  subdivision  four of this
    21  section. In no case shall attorney's fees be awarded  to  the  division,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01176-03-0
        S. 4129--A                          2

     1  nor  shall  the  division  be  liable  to  a prevailing or substantially
     2  prevailing party for attorney's fees, except in  a  case  in  which  the
     3  division  is  a  party to the action or the proceeding in the division's
     4  capacity as an employer.  Expert witness fees may be awarded in the same
     5  manner  as  attorney's  fees.  In  cases of employment discrimination, a
     6  respondent shall only be liable for attorney's fees under this  subdivi-
     7  sion  if  the  respondent  has been found liable for having committed an
     8  unlawful discriminatory  practice.  In  order  to  find  the  action  or
     9  proceeding  to  be frivolous, the court or the commissioner must find in
    10  writing one or more of the following:
    11    (a) the action or proceeding was commenced, used or continued  in  bad
    12  faith, solely to delay or prolong the resolution of the litigation or to
    13  harass or maliciously injure another; or
    14    (b)  the  action or proceeding was commenced or continued in bad faith
    15  without any reasonable basis and could not be supported by a good  faith
    16  argument  for an extension, modification or reversal of existing law. If
    17  the action or proceeding was promptly discontinued  when  the  party  or
    18  attorney  learned  or  should have learned that the action or proceeding
    19  lacked such a reasonable basis, the court may find that the party or the
    20  attorney did not act in bad faith.
    21    § 2. This act shall take effect on the ninetieth day  after  it  shall
    22  have become a law.