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.