S T A T E O F N E W Y O R K
________________________________________________________________________
6472
2019-2020 Regular Sessions
I N A S S E M B L Y
March 7, 2019
___________
Introduced by M. of A. WALLACE, SIMON, McDONOUGH, BURKE, PAULIN, GOTT-
FRIED, BRAUNSTEIN -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law, in relation to unlawful discriminato-
ry practices
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,
including any civil fines and penalties provided in subdivision four of
this section, unless such person had filed a complaint hereunder or with
any local commission on human rights, or with the superintendent pursu-
ant to the provisions of section two hundred ninety-six-a of this chap-
ter, provided that, where the division has dismissed such complaint on
the grounds of administrative convenience, on the grounds of untimeli-
ness, 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, 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
the division, upon the request of the party bringing such complaint
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09960-01-9
A. 6472 2
before the division, such party's rights to bring such cause of action
before a court of appropriate jurisdiction shall be limited by the stat-
ute 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 determi-
nation 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 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 subdivi-
sion. 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.
§ 2. This act shall take effect immediately.