STATE OF NEW YORK
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8795
2019-2020 Regular Sessions
IN ASSEMBLY
November 25, 2019
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Introduced by M. of A. O'DONNELL, SIMON -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to providing for awards
of attorney's fees in actions under the human rights law
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 an action or proceeding at law under
6 this section or section two hundred ninety-eight of this article, the
7 commissioner or the court may in its discretion award reasonable attor-
8 ney's fees to any prevailing or substantially prevailing party; and with
9 respect to a claim of credit discrimination where sex is a basis of such
10 discrimination, and with respect to all claims of employment discrimi-
11 nation in] 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] shall award reasonable attorney's fees
14 attributable to such claim to any prevailing [party; provided, however,
15 that a prevailing respondent or defendant in order to recover such
16 reasonable attorney's fees must make a motion requesting such fees and
17 show that the action or proceeding brought was frivolous; and further
18 provided that in a proceeding brought in the division of human rights,
19 the 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] plaintiff or complainant. In no case shall attorney's fees be
22 awarded to the division, nor shall the division be liable to a prevail-
23 ing or substantially prevailing party for attorney's fees, except in a
24 case in which the division is a party to the action or the proceeding in
25 the division's capacity as an employer. In cases of employment discrimi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09338-02-9
A. 8795 2
1 nation, a respondent shall only be liable for attorney's fees under this
2 subdivision if the respondent has been found liable for having committed
3 an unlawful discriminatory practice. [In order to find the action or
4 proceeding to be frivolous, the court or the commissioner must find in
5 writing one or more of the following:
6 (a) the action or proceeding was commenced, used or continued in bad
7 faith, solely to delay or prolong the resolution of the litigation or to
8 harass or maliciously injure another; or
9 (b) the action or proceeding was commenced or continued in bad faith
10 without any reasonable basis and could not be supported by a good faith
11 argument for an extension, modification or reversal of existing law. If
12 the action or proceeding was promptly discontinued when the party or
13 attorney learned or should have learned that the action or proceeding
14 lacked such a reasonable basis, the court may find that the party or the
15 attorney did not act in bad faith.]
16 § 2. This act shall take effect immediately.
