Epstein, Reyes, Thiele, Dickens, Kelles, Anderson, Zinerman, Simon
MLTSPNSR
Davila
Add §298-b, amd §298, Exec L
Authorizes the commissioner of human rights to enforce provisions relating to real estate brokers and unlawful discriminatory practices; awards compensatory damages to the aggrieved person; assesses a civil penalty to vindicate the public interest; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5956
SPONSOR: Solages (MS) TITLE OF BILL:
An act to amend the executive law, in relation to enforcement of fair
housing
PURPOSE:
To deter violations of the human rights law in relation to fair housing
by increasing penalties related to claims brought by the Commissioner of
the New York State Division of Human Rights as well as those brought by
the Attorney General in relation to patterns and practices of discrimi-
natory conduct.
SUMMARY:
Section 1. Amends the executive law by adding a new section 298-b.
Section 2. Amends the opening paragraph of section 298 of the executive
law by designating subdivision 1 and a new subdivision 2.
Section 3. Sets the effective date.
JUSTIFICATION:
On November 17, 2019, Newsday published a three-year investigation of
discrimination by real estate agents, revealing evidence of widespread
disparate and unequal treatment of potential homebuyers of color on Long
Island. Additionally, the investigation revealed that Long Island's
dominant residential brokerage firms appeared to be helping to solidify
racial segregation. Newsday conducted 86 matching tests in areas
stretching from the New York City border to the Hamptons, and from the
Long Island Sound to the South Shore. In forty percent of the tests,
evidence suggested that brokers subjected testers of color to disparate
treatment when compared with white testers, with inequalities rising to
almost fifty percent for black potential buyers.
This bill is designed to deter violations of the human rights law in
relation to fair housing by increasing penalties related to claims
brought by the Commissioner of the New York State Division of Human
Rights as well as those brought by the Attorney General in relation to
patterns and practices of discriminatory conduct.
RACIAL JUSTICE IMPACT:
Across our state, prospective homeowners and renters of color are
discriminated against in ways that violate the human rights law and
reinforce redlining. For example, in the Newsday report "Long Island
Divided" in 21 of 86 tests - 24 percent - agents located prospective
homeowners in a way that suggested illegal steering. One real estate
agent commented, "In East Hampton the Hispanic community came in - and
they really took over Springs." Due to obstacles in filing complaints
and enacting consequences, this discriminatory behavior often goes
unpunished.
This bill will deter violations of the human rights law in relation to
fair housing by increasing penalties.
GENDER JUSTICE IMPACT:
TBD.
LEGISLATIVE HISTORY:
2021-22: A5480; referred to governmental operations.
2019-20: A10894a; referred to governmental operations.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5956
2023-2024 Regular Sessions
IN ASSEMBLY
March 24, 2023
___________
Introduced by M. of A. SOLAGES, EPSTEIN, REYES, THIELE, DICKENS, KELLES,
ANDERSON, ZINERMAN, SIMON -- Multi-Sponsored by -- M. of A. DAVILA --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to enforcement of fair
housing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 298-b
2 to read as follows:
3 § 298-b. Enforcement relating to the conduct of owners, agents,
4 employees and others involved in the sale or rental of housing. If the
5 commissioner finds that a violation of subdivision two-a, subdivision
6 three-b or subdivision five of section two hundred ninety-six of this
7 article has occurred, the commissioner shall issue an order which shall
8 do one or more of the following:
9 1. award compensatory damages to the person aggrieved by such
10 violation;
11 2. to vindicate the public interest, assess a civil penalty: (i) in an
12 amount not exceeding twenty-five thousand dollars if the respondent has
13 not been adjudged to have committed any prior discriminatory housing
14 practice; (ii) in an amount not exceeding fifty thousand dollars if the
15 respondent has been adjudged to have committed one other discriminatory
16 practice during the five-year period prior to the date of the filing of
17 the complaint; and (iii) in an amount not exceeding seventy-five thou-
18 sand dollars if the respondent has been adjudged to have committed two
19 or more discriminatory housing practices during the seven-year period
20 prior to the date of the filing of the complaint, except that if the
21 acts constituting the discriminatory practice that is the object of the
22 complaint are committed by the same natural person who has been previ-
23 ously adjudged to have committed acts constituting a discriminatory
24 housing practice, then the civil penalties set forth in subparagraphs
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01867-01-3
A. 5956 2
1 (ii) and (iii) of this paragraph may be imposed without regard to the
2 period of time within which any subsequent discriminatory practice
3 occurred. Any civil penalty imposed pursuant to this subdivision shall
4 not limit the award of damages or other relief available at law or in
5 equity to the person aggrieved by such violation;
6 3. require the respondent to cease and desist from such unlawful
7 discriminatory practices;
8 4. award punitive damages to the person aggrieved by such violation;
9 5. grant such other relief the commissioner deems just and equitable.
10 § 2. The opening paragraph of section 298 of the executive law is
11 designated subdivision 1 and a new subdivision 2 is added to read as
12 follows:
13 2. In an action filed by the attorney general pursuant to subdivision
14 twelve of section sixty-three of this chapter, in addition to any other
15 available relief, a court may, to vindicate the public interest, assess
16 a civil penalty against the respondent in an amount that does not exceed
17 the following:
18 (a) If the defendant is a natural person, (i) fifty thousand dollars
19 for a first violation, and (ii) one hundred thousand dollars for a
20 second or subsequent violation.
21 (b) If the defendant is a corporate entity, (i) one hundred thousand
22 dollars for a first violation and (ii) two hundred fifty thousand
23 dollars for a second or subsequent violation.
24 § 3. This act shall take effect immediately.
