Bill Text: NY S05840 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the paired testing program and compliance fee to determine if any real estate broker, real estate salesperson or employee or agent thereof is using unlawful discriminatory practices; creates the paired testing program fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S05840 Detail]
Download: New_York-2023-S05840-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5840 2023-2024 Regular Sessions IN SENATE March 20, 2023 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to establishing a paired testing program and a compliance fee; and to amend the state finance law, in relation to establishing the paired testing program fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The real property law is amended by adding a new section 2 441-g to read as follows: 3 § 441-g. Paired testing program. 1. For the purpose of this section, 4 "paired testing" shall mean a test in which two testers assume the role 5 of applicants with equivalent social and economic characteristics who 6 differ only in terms of the characteristic being tested for discrimi- 7 nation, such as but not limited to, race, disability status, or marital 8 status. 9 2. The commissioner of the division of human rights shall develop a 10 paired testing program to determine if any real estate broker, real 11 estate salesperson or employee or agent thereof are using unlawful 12 discriminatory practices as defined in paragraph (c) of subdivision five 13 of section two hundred ninety-six of the executive law. 14 3. (a) Any real estate broker, real estate salesperson or employee or 15 agent thereof found using unlawful discriminatory practices as defined 16 in paragraph (c) of subdivision five of section two hundred ninety-six 17 of the executive law shall be subject to a fine in an amount to be 18 determined by the commissioner of the division of human rights. 19 (b) In addition to any fine imposed pursuant to paragraph (a) of this 20 subdivision a real estate broker or real estate salesperson licensed 21 pursuant to this article may have his or her license revoked or 22 suspended pursuant to section four hundred forty-one-c of this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02883-01-3S. 5840 2 1 4. Monies collected from any fine imposed pursuant to subdivision 2 three of this section shall be deposited in the paired testing program 3 fund established pursuant to section ninety-nine-qq of the state finance 4 law. 5 5. Such fines as described in subdivision three of this section shall 6 be in addition to any other fine or penalty pursuant to law. 7 6. The commissioner of the division of human rights is authorized to 8 promulgate rules and regulations to carry out the administration of the 9 paired testing program as set forth in this section. 10 § 2. The state finance law is amended by adding a new section 99-qq to 11 read as follows: 12 § 99-qq. Paired testing program fund. 1. There is hereby established 13 in the joint custody of the state comptroller and the commissioner of 14 taxation and finance in consultation with the commissioner of the divi- 15 sion of human rights, a fund to be known as the "paired testing program 16 fund". 17 2. The paired testing program fund shall consist of all fines and 18 forfeitures collected pursuant to section four hundred forty-one-g of 19 the real property law, compliance fees collected pursuant to subdivision 20 one-B of section four hundred forty-one-b of the real property law and 21 all other moneys appropriated, credited or transferred thereto from any 22 other fund or source pursuant to law. Nothing contained in this section 23 shall prevent the state from receiving grants, gifts or bequests for the 24 purposes of the fund as defined in this section and depositing them into 25 the fund according to law. 26 3. The commissioner of the division of human rights shall use monies 27 in the fund for the administration of the paired testing program estab- 28 lished pursuant to section four hundred forty-one-g of the real property 29 law. 30 § 3. Section 441-b of the real property law is amended by adding a new 31 subdivision 1-B to read as follows: 32 1-B. In addition to the fee for a license issued or reissued under the 33 provisions of this article entitling a person, co-partnership, limited 34 liability company or corporation to act as a real estate broker or enti- 35 tling a person to act as a real estate salesman there shall be a compli- 36 ance fee in an amount to be determined by the commissioner of the divi- 37 sion of human rights. Notwithstanding any provision of law to the 38 contrary all such compliance fees collected shall be deposited into the 39 paired testing program fund established pursuant to section ninety-nine- 40 qq of the state finance law. 41 § 4. This act shall take effect on the ninetieth day after it shall 42 have become a law. Effective immediately, the addition, amendment 43 and/or repeal of any rule or regulation necessary for the implementation 44 of this act on its effective date are authorized to be made and 45 completed on or before such effective date.
