-  This bill is not active in this session.
 

A01899 Summary:

BILL NOA01899
 
SAME ASSAME AS S00749
 
SPONSORDinowitz
 
COSPNSRGottfried, Vanel, Barron
 
MLTSPNSR
 
Amd §297, Exec L
 
Awards attorney's fees and expert witness fees in appropriate cases.
Go to top    

A01899 Actions:

BILL NOA01899
 
01/11/2021referred to judiciary
01/20/2021reported referred to codes
01/26/2021reported
01/28/2021advanced to third reading cal.72
05/20/2021substituted by s749
 S00749 AMEND= BIAGGI
 01/06/2021REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
 02/01/20211ST REPORT CAL.209
 02/02/20212ND REPORT CAL.
 02/03/2021ADVANCED TO THIRD READING
 05/20/2021PASSED SENATE
 05/20/2021DELIVERED TO ASSEMBLY
 05/20/2021referred to codes
 05/20/2021substituted for a1899
 05/20/2021ordered to third reading cal.72
 05/20/2021passed assembly
 05/20/2021returned to senate
 10/22/2021DELIVERED TO GOVERNOR
 11/03/2021SIGNED CHAP.566
 11/03/2021APPROVAL MEMO.30
Go to top

A01899 Committee Votes:

JUDICIARY Chair:Lavine DATE:01/20/2021AYE/NAY:12/7 Action: Favorable refer to committee Codes
LavineAyeMontesanoNay
ZebrowskiAyeNorrisNay
WeprinAyeWalshNay
BraunsteinAyeByrnesNay
QuartAbsentBrownNay
SteckAyeTannousisNay
SeawrightAye
JoynerAye
AbinantiAye
WallaceAye
WalkerAye
CruzAye
McMahonExcused
MitaynesNay
RajkumarAye

CODES Chair:Dinowitz DATE:01/26/2021AYE/NAY:16/6 Action: Favorable
DinowitzAyeMorinelloNay
PretlowAyeGiglioNay
CookAyeMontesanoNay
CymbrowitzAyeReillyNay
O'DonnellAyeMikulinNay
LavineAyeTannousisNay
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye

Go to top

A01899 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A01899 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1899
 
SPONSOR: Dinowitz
  TITLE OF BILL: 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   PURPOSE OF BILL: This bill Would amend the Executive Law to provide for an award of attorney's fees and expert witness fees in all appropriate cases of discrimination.   SUMMARY OF PROVISIONS: Section 1 of the bill would amend Executive Law § 297 (10) to allow the commissioner or the court in an action or proceeding (with respect to cases of housing discrimination only) to award reasonable attorney's fees to any prevailing or substantially prevailing party, provided that a prevailing respondent or defendant in order to recover such reasonable attorney's fees must make a motion requesting such fees and show that the action or proceeding was frivolous. This section would also provide for expert witness fees to be awarded pursuant to the same standards as an award of attorneys fees. This section also provides the standard that the court would use to identify a frivolous action or proceeding. Section 2 would provide that the bill will become effective 90 days after enactment.   EXISTING LAW: Currently attorney's fees may be awarded only in cases of housing discrimination. There are no provisions for expert witness fees.   JUSTIFICATION: In order to create uniformity and consistency within the Executive Law, the limitation on the provision of attorney's fees to housing discrimi- nation cases should be removed so that attorney's fees can be awarded in appropriate cases in other areas of the Division's jurisdiction, such as employment and places of public accommodation. The majority of cases filed under the Executive Law are employment cases. Often, discrimi- nation victims have been terminated, or forced to leave their jobs because of intolerable conditions such as pervasive sexual harassment, and are frequently not in a position to pay for legal representation. Although the law provides for Division attorneys or agents to present cases at a public hearing when probable cause has been found, there are no provisions for legal representation in the investigation and concil- iation stages of the Division proceedings, nor are there provisions for representation for persons who pursue their claims directly in State court. A provision for an award of attorney's fees in employment and other discrimination cases would be consistent with the discrimination laws of many other states, as well federal law, and would permit a more- robust enforcement of the law for the general benefit of the public. Awards for expenditure of fees for expert witnesses should be awarded in a like manner, so that the Division will have the benefit of a complete record in making its determinations.   LEGISLATIVE HISTORY: 2019-20-A.2475-A - Third Reading Calendar 2017-18-A.3923 - Third Reading Calendar 2015-16-1998-A - Third Reading Calendar 2013-14-A.353-A - Referred to Judiciary 2011-12-A.1860 - Referred to Codes 2009-10-A.8184 - Passed Assembly/S.3884- Referred to Investigations and Governmental Operations   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This proposal would take effect 90 days after becoming law.
Go to top

A01899 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1899
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2021
                                       ___________
 
        Introduced  by M. of A. DINOWITZ, GOTTFRIED -- read once and referred to
          the Committee on Judiciary
 
        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,
    22  nor  shall  the  division  be  liable  to  a prevailing or substantially
    23  prevailing party for attorney's fees, except in  a  case  in  which  the
    24  division  is  a  party to the action or the proceeding in the division's
    25  capacity as an employer.  Expert witness fees may be awarded in the same
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02894-01-1

        A. 1899                             2
 
     1  manner as attorney's fees. In  cases  of  employment  discrimination,  a
     2  respondent  shall only be liable for attorney's fees under this subdivi-
     3  sion if the respondent has been found liable  for  having  committed  an
     4  unlawful  discriminatory  practice.  In  order  to  find  the  action or
     5  proceeding to be frivolous, the court or the commissioner must  find  in
     6  writing one or more of the following:
     7    (a)  the  action or proceeding was commenced, used or continued in bad
     8  faith, solely to delay or prolong the resolution of the litigation or to
     9  harass or maliciously injure another; or
    10    (b) the action or proceeding was commenced or continued in  bad  faith
    11  without  any reasonable basis and could not be supported by a good faith
    12  argument for an extension, modification or reversal of existing law.  If
    13  the  action  or  proceeding  was promptly discontinued when the party or
    14  attorney learned or should have learned that the  action  or  proceeding
    15  lacked such a reasonable basis, the court may find that the party or the
    16  attorney did not act in bad faith.
    17    §  2.  This  act shall take effect on the ninetieth day after it shall
    18  have become a law.
Go to top

A01899 LFIN:

 NO LFIN
Go to top

A01899 Chamber Video/Transcript:

2-8-21Video (@ 00:51:48)Transcript pdf Transcript html
5-20-21Video (@ 00:07:24)Transcript pdf Transcript html
Go to top