senate Bill S4393

2019-2020 Legislative Session

Relates to unlawful discriminatory practices

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 11, 2019 referred to investigations and government operations

S4393 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §297, Exec L

S4393 (ACTIVE) - Summary

Allows for punitive damages for unlawful discriminatory practices beyond just housing discrimination cases.

S4393 (ACTIVE) - Sponsor Memo

S4393 (ACTIVE) - Bill Text download pdf

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


                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 11, 2019

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law, in relation to unlawful discriminato-
  ry practices


  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.


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