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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.
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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
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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.
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