STATE OF NEW YORK
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945--B
Cal. No. 226
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
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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.
