S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   635

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. DINOWITZ, PHEFFER, BRODSKY, KAVANAGH -- Multi-
  Sponsored by -- M. of A.  GOTTFRIED, HOOPER -- read once and  referred
  to the Committee on Governmental Operations

AN  ACT  to  amend the executive law, in relation to awarding attorneys'
  fees and costs and exemplary damages  in  an  action  brought  for  an
  unlawful discriminatory practice

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 9 of section  297  of  the  executive  law,  as
amended  by  section 16 of part D of chapter 405 of the laws of 1999, is
amended to read as follows:
  9. Any person claiming to be aggrieved by an  unlawful  discriminatory
practice shall have a cause of action in any court of appropriate juris-
diction for damages, including, in cases of housing discrimination only,
punitive  damages,  and UPON PREVAILING, SHALL RECOVER REASONABLE ATTOR-
NEYS' FEES AND COSTS IN THE ACTION. IN ADDITION  THERETO  THE  TRIER  OF
FACT  MAY  AWARD  EXEMPLARY  DAMAGES  AND  such other remedies as may be
appropriate, including any civil fines and penalties provided in  subdi-
vision  four  of  this section, unless such person had filed a complaint
hereunder or with any local commission on  human  rights,  or  with  the
superintendent  pursuant  to the provisions of section two hundred nine-
ty-six-a  of  this  chapter,  provided  that,  where  the  division  has
dismissed  such  complaint on the grounds of administrative convenience,
on the grounds of untimeliness, or on the grounds that the  election  of
remedies  is  annulled,  such  person shall maintain all rights to bring
suit as if no complaint had been filed with the division.  At  any  time
prior  to  a  hearing  before  a  hearing  examiner,  a person who has a
complaint pending at the division may request that the division  dismiss
the  complaint  and  annul  his  or her election of remedies so that the
human rights law claim may be pursued in court, and  the  division  may,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02594-01-9

A. 635                              2

upon  such  request,  dismiss  the  complaint  on  the grounds that such
person's election of an administrative remedy is annulled. Notwithstand-
ing subdivision (a) of section two hundred four of  the  civil  practice
law  and  rules, if a complaint is so annulled by the division, upon the
request of the party bringing such complaint before the  division,  such
party's rights to bring such cause of action before a court of appropri-
ate  jurisdiction  shall  be  limited  by  the statute of limitations in
effect in such court at the time the complaint was initially filed  with
the division. Any party to a housing discrimination complaint shall have
the right within twenty days following a determination of probable cause
pursuant  to  subdivision two of this section to elect to have an action
commenced in a civil court, and an attorney representing the division of
human rights will be appointed to present the complaint  in  court,  or,
with  the  consent  of  the  division,  the  case  may  be  presented by
complainant's attorney. A complaint filed by the equal employment oppor-
tunity commission to comply with the requirements of 42  USC  2000e-5(c)
and 42 USC 12117(a) and 29 USC 633(b) shall not constitute the filing of
a  complaint  within  the meaning of this subdivision. No person who has
initiated any action in a court of competent jurisdiction or who has  an
action  pending  before any administrative agency under any other law of
the state based upon an act which would be  an  unlawful  discriminatory
practice  under  this  article, may file a complaint with respect to the
same grievance under this section or under section two  hundred  ninety-
six-a of this article.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.