What's happening
This bill allows courts to award expert witness fees, in addition to attorney's fees, in certain discrimination cases under New York law.
Why it matters
Makes it easier for victims of discrimination to afford expert witnesses. , who are often essential for proving complex claims in court, by allowing courts to award expert witness fees just like attorney's fees.
Levels the playing field between plaintiffs and defendants. in discrimination cases, since defendants (often employers, landlords, or institutions) may have more resources to hire experts, and this change can help ensure fairer access to justice.
May encourage stronger enforcement of anti-discrimination laws. by reducing the financial barriers for individuals or groups to bring forward legitimate claims, potentially leading to more cases being filed and pursued.
Retains safeguards against frivolous lawsuits. by only allowing defendants to recover attorney’s (and now expert witness) fees if the court finds the case was brought in bad faith or without reasonable basis, helping to prevent abuse of the system.
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
Discrimination complainants
The bill would broaden eligibility for discretionary attorney’s fee awards beyond housing-related cases to prevailing or substantially prevailing parties in actions under the covered Human Rights Law provisions.
Employers, landlords and other discrimination respondents
The bill would allow expert witness fee awards on the same terms as attorney’s fees, while retaining the requirement that prevailing respondents show the case was frivolous to recover fees.
Division of Human Rights and courts
The bill would expand their discretion to award fees, with the commissioner still limited to awarding attorney’s fees in a final order after a public hearing.
Headline styles
Award Legal Fees to Winners
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Amended on third reading 2475a
- Ordered to third reading cal.107
- Advanced to third reading cal.230
- Reported
- Reported referred to codes
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Award Legal and Expert Fees
In Senate Committee · Investigations And Government Operations · Sponsor Alessandra Biaggi
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2475--A Cal. No. 107
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. DINOWITZ, GOTTFRIED, WRIGHT -- read once and referred to the Committee on Judiciary -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 10 of section 297 of the executive law, as amended by chapter 161 of the laws of 2019, is amended to read as follows:
10. [With respect to all cases of housing discrimination and housing related credit discrimination in] In an action or proceeding at law under this section or section two hundred ninety-eight of this article, the commissioner or the court may in its discretion award reasonable attorney's fees to any prevailing or substantially prevailing party; and with respect to a claim of credit discrimination where sex is a basis of such discrimination, and with respect to all claims of employment discrimination in an action or proceeding at law under this section or section two hundred ninety-eight of this article, the commissioner or the court may in its discretion award reasonable attorney's fees attributable to such claim to any prevailing party; provided, however, 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 brought was frivolous; and further provided that in a proceeding brought in the division of human rights, the commissioner may only award attorney's fees as part of a final order after a public hearing held pursuant to subdivision four of this section. In no case shall attorney's fees be awarded to the division, nor shall the division be liable to a prevailing or substantially prevailing party for attorney's fees, except in a case in which the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01176-02-0
A. 2475--A 2
division is a party to the action or the proceeding in the division's capacity as an employer. Expert witness fees may be awarded in the same manner as attorney's fees. In cases of employment discrimination, a respondent shall only be liable for attorney's fees under this subdivision if the respondent has been found liable for having committed an unlawful discriminatory practice. In order to find the action or proceeding to be frivolous, the court or the commissioner must find in writing one or more of the following:
(a) the action or proceeding was commenced, used or continued in bad faith, solely to delay or prolong the resolution of the litigation or to harass or maliciously injure another; or
(b) the action or proceeding was commenced or continued in bad faith without any reasonable basis and could not be supported by a good faith argument for an extension, modification or reversal of existing law. If the action or proceeding was promptly discontinued when the party or attorney learned or should have learned that the action or proceeding lacked such a reasonable basis, the court may find that the party or the attorney did not act in bad faith.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.