S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4671
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 Introduced  by  M.  of A. PEOPLES-STOKES, COOK, ZINERMAN, SAYEGH -- read
   once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to institution  of  court
   actions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of subdivision 9 of  section  297  of
 the  executive  law,  as  amended by chapter 140 of the laws of 2022, is
 amended to read as follows:
   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 employment discrimination
 related to private employers and housing discrimination  only,  punitive
 damages,  and  such  other remedies as may be appropriate, including any
 civil fines and penalties provided in subdivision four of this  section,
 unless  such  person  had filed a complaint [hereunder] PURSUANT TO THIS
 SECTION or with any local commission on human rights, or with the super-
 intendent pursuant to the provisions of section two hundred ninety-six-a
 of this article, 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 AND MAY BRING SUCH SUIT WITH-
 IN THREE YEARS AFTER ANY SUCH DISMISSAL FOR ADMINISTRATIVE  CONVENIENCE.
 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,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00065-01-3
              

 A. 4671                             2
 
 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] SHALL 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
 opportunity 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. In cases of housing discrimination
 only,  a person whose complaint has been dismissed by the division after
 investigation for lack of jurisdiction or lack  of  probable  cause  may
 file  the  same  cause  of action in a court of appropriate jurisdiction
 pursuant to this section, unless judicial review of such  dismissal  has
 been  sought  pursuant to section two hundred ninety-eight of this arti-
 cle. The attorney general shall have the power to commence an action  or
 proceeding  in  the  supreme  court  of  the state of New York, if, upon
 information or belief, the attorney general is of the  opinion  that  an
 employer  has  been, is, or is about to violate the provisions regarding
 unlawful discriminatory retaliation pursuant  to  subdivision  seven  of
 section  two hundred ninety-six of this article. Nothing in this section
 shall in any way limit rights or remedies which are otherwise  available
 under  law  to  the  attorney  general or any other person authorized to
 bring an action under this section.
   § 2. This act shall take effect immediately.