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.