What's happening
This bill requires courts to award attorneys' fees to prevailing parties in human rights law cases, excluding the state from collecting such fees.
Why it matters
Levels the playing field for plaintiffs. By guaranteeing attorneys’ fees to prevailing parties (usually plaintiffs), this bill makes it easier for individuals to pursue human rights cases, even if they have limited financial resources, since they won’t have to worry about the burden of legal costs if they win.
Discourages frivolous lawsuits and defenses. Since the losing party is liable for all court-awarded costs, both sides have a strong incentive to only pursue or defend cases with merit, potentially reducing baseless claims or defenses.
Protects individuals from state retaliation. The explicit prohibition on the state or its divisions collecting attorneys’ fees if they prevail means individuals won’t be deterred from bringing cases against the government out of fear of financial ruin, bolstering the ability to hold government actors accountable for human rights violations.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Award Legal Fees to Winners
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to finance
- Referred to finance
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2219
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to providing for the award of attorneys' fees to prevailing parties in actions based on the human rights law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 298-b to read as follows:
§ 298-b. Attorneys' fees for prevailing parties. 1. The court shall award the prevailing party, in an action or proceeding alleging a violation of section two hundred ninety-six, two hundred ninety-six-a or two hundred ninety-six-b of this article, attorneys' fees, including but not limited to, expert witness fees.
2. The state or any division thereof is prohibited from collecting attorneys' fees under subdivision one of this section.
3. The losing party shall be liable for all costs awarded by the court pursuant to this section.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07346-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to providing for the award of attorneys' fees to prevailing parties in actions based on the human rights law
Purpose
To provide access to justice to those who cannot afford it in actions or proceedings relating to the state human rights law
Summary of provisions
Section 1: Provides for an award of reasonable attorneys fees to prevailing parties in actions or proceedings under the human rights law.
Section 2: Provides the act shall take effect one hundred eighty days after it shall have become law.
Justification
Unlike New York City's Human Rights Law, and unlike federal civil rights law, New York State's Human Rights Law (HRL) does not provide for the possibility of reasonable attorneys fees The purpose for permitting plaintiff's attorney(s) to receive reasonable attorneys fees is to increase the remedies available to victims of discrimination.
As of 2010, 92% of all complaints filed with the New York State Division of Human Rights (DHR) were for disability discrimination or employment matters, which do not include a right to attorney's fees Although the HRL provides a right to attorneys fees for housing discrimination cases (see, N.Y. Exec. Law § 297(10)), they only made up 8% of DHR's cases in 2010.
The HRL has the potential to offer New Yorkers civil rights protections beyond federal law, but these rights may not be realized without the provision of attorney's fees. The failure of the HRL to provide for attorneys fee in non-housing related discrimination cases severely limits the protections afforded under the Human Rights Law. Furthermore, it is the exact opposite of the federal civil rights statutes upon which the HRL was modeled. Consequently, even though the HRL's protections of individuals is relatively similar to that provided by federal civil rights statutes, because it does not provide for an award of attorneys fees, many plaintiffs are unable to pursue the vindication of their rights. That is why when the Civil Rights Act of 1964 was passed, Congress added attorneys fees so that enforcement could rely in part upon private litigation to secure compliance.
The Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988, is one of the most widely used statutory instruments to award of attorneys' fees in federal civil rights cases. Congress enacted § 1988 to ensure that low-income individuals could effectively access the courts to enforce civil rights laws. The determination of attorneys' fees under § 1988 is also the same analysis used under Title VII, Section 504 and the Americans with Disabilities Act.
The New York City Human Rights Law (NYCHRL) and other state laws already provide for attorney's fees. Attorneys fees under the NYCHRL have been authorized since 1991 and provide that: "in any civil action commenced pursuant to this section, the court, in its discretion, may award the prevailing party costs and reasonable attorney's fees." After twenty-two years of low-income plaintiffs effectively pursuing the vindication of their rights under the NYCHRL, it is time for New
York to amend the HRL to extend similarly effective protections to the rest of the state.
Legislative history
2015-16: S.2753 - Referred to Finance
2013-14: S.4627 - Referred to Investigations and Government Operations
Fiscal implications
None.
Effective date
This act shall take effect one hundred eighty days after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.