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S00945 Summary:

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S00945 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         945--B
            Cal. No. 226
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (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:
 
     1    Section 1. Paragraph (a) of subdivision 1 of section 441-c of the real
     2  property law, as amended by chapter 131 of the laws of 2020, is  amended
     3  to read as follows:
     4    (a)  The  department  of state may revoke the license of a real estate
     5  broker or salesman or suspend the same, for such period as  the  depart-
     6  ment may deem proper, or in lieu thereof may impose a fine not exceeding
     7  [one]  two thousand dollars payable to the department of state, provided
     8  that fifty percent of all moneys received by the department of state for
     9  such fines shall be payable to the anti-discrimination in  housing  fund
    10  established  pursuant to section eighty-a of the state finance law, or a
    11  reprimand upon  conviction  of  the  licensee  of  a  violation  of  any
    12  provision  of this article, or for a material misstatement in the appli-
    13  cation for such license, or if such licensee has been guilty of fraud or
    14  fraudulent practices, or for dishonest or misleading advertising, or has
    15  demonstrated untrustworthiness or incompetency to act as a  real  estate
    16  broker  or salesman, or for a violation of article fifteen of the execu-
    17  tive law committed in his or her capacity as a  real  estate  broker  or
    18  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
 
     1  engaged in the business of  a  tenant  relocator,  untrustworthiness  or
     2  incompetency  shall include engaging in any course of conduct including,
     3  but not limited to, the  interruption  or  discontinuance  of  essential
     4  building  service,  that interferes with or disturbs the peace, comfort,
     5  repose and quiet enjoyment of a tenant.
     6    § 2. The state finance law is amended by adding a new section 80-a  to
     7  read as follows:
     8    § 80-a. Anti-discrimination in housing fund. 1. There is hereby estab-
     9  lished  in  the  custody  of  the state comptroller a special fund to be
    10  known as the "anti-discrimination in housing fund".
    11    2. The anti-discrimination in housing fund  shall  consist  of  moneys
    12  appropriated thereto, moneys transferred from any other fund or sources,
    13  and  fifty  percent  of  all fines and forfeitures collected pursuant to
    14  paragraph (a) of subdivision one of section four hundred forty-one-c  of
    15  the  real  property law. Nothing contained in this section shall prevent
    16  the state from receiving grants, gifts or bequests for the  purposes  of
    17  the  fund  as  defined in this section and depositing them into the fund
    18  according to law.
    19    3. The moneys in the anti-discrimination in housing fund shall be kept
    20  separate from and shall not be commingled with any other moneys  in  the
    21  custody of the state comptroller. Such moneys shall be made available to
    22  the  office  of the attorney general, for fair housing testing and allo-
    23  cation of grants to duly applying county, city, town  or  village  human
    24  rights  commissions,  or other duly applying county, city, town, village
    25  or not-for-profit agencies specializing in the  prevention  of  unlawful
    26  discrimination in housing.
    27    4.  The  attorney general shall establish the application criteria for
    28  such not-for-profit agencies for the purposes of the fund as defined  in
    29  this section.
    30    5.  The monies shall be payable from the fund on the audit and warrant
    31  of the comptroller on vouchers approved and certified  by  the  attorney
    32  general.
    33    §  3.  This  act  shall take effect on the sixtieth day after it shall
    34  have become a law.