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Assembly Bill A3841

2013-2014 Legislative Session

Allows an action for unlawful discriminatory practice to be brought within three years after dismissal for administrative convenience

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2013-A3841 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง297, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3483, A10242
2011-2012: A997
2015-2016: A3344
2017-2018: A2189
2019-2020: A6411
2021-2022: A1158
2023-2024: A4671
2025-2026: A6346

2013-A3841 (ACTIVE) - Summary

Authorizes the institution of a suit in any court of competent jurisdiction alleging a violation of the human rights law for a period of three years after the dismissal of a complaint for administrative convenience by the division of human rights.

2013-A3841 (ACTIVE) - Bill Text download pdf 

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

                                  3841

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law, in relation to institution  of  court
  actions under section 297 thereof

  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 such other remedies as may be appropriate, includ-
ing  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 superintendent pursuant to the provisions  of  section  two  hundred
ninety-six-a  of this [chapter,] ARTICLE; provided that, where the divi-
sion 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 WITHIN 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. Notwithstanding subdivision (a) of section two hundred four
of  the  civil  practice law and rules, if a complaint is so annulled by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07875-01-3

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