The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8054
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the executive law, in relation to  requiring  additional
   notice prior to commencing an action in certain discrimination cases
 
   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 sepa-
 rately amended by chapter 160 of the laws of 2019 and chapter 236 of the
 laws of 2020, is amended to read as follows:
   9. A. Any person claiming to be aggrieved by an unlawful discriminato-
 ry practice shall have a cause of action in  any  court  of  appropriate
 jurisdiction  for  damages,  including, in cases of employment discrimi-
 nation related to private employers  and  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 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 division has dismissed such  complaint
 on  the grounds of administrative convenience, on the grounds of untime-
 liness, 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.

                                                            LBD11496-01-1

 A. 8054                             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. 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  proba-
 ble  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 article.
   B. NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, PRIOR TO  COMMENC-
 ING  AN  ACTION IN ANY COURT OF COMPETENT JURISDICTION ALLEGING THAT THE
 CONTENTS OF A WEBSITE OR MOBILE APPLICATION  THAT  DESCRIBES  GOODS  AND
 SERVICES  PROVIDED  AT A PLACE OF PUBLIC ACCOMMODATION, RESORT OR AMUSE-
 MENT CONSTITUTE AN UNLAWFUL  DISCRIMINATORY  PRACTICE  WITH  RESPECT  TO
 VISUALLY  AND  HEARING  IMPAIRED  INDIVIDUALS,  THE CLAIMANT SHALL SERVE
 WRITTEN NOTICE UPON THE OWNER OF SUCH  PLACE  OF  PUBLIC  ACCOMMODATION,
 RESORT OR AMUSEMENT BY BOTH CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND
 FIRST  CLASS  MAIL  THAT  (I)  DESCRIBES  EACH AND EVERY FEATURE OF SUCH
 WEBSITE AND/OR MOBILE APPLICATION  ALLEGED  TO  CONSTITUTE  AN  UNLAWFUL
 DISCRIMINATORY PRACTICE AND (II) PROVIDES SUCH OWNER WITH AN OPPORTUNITY
 TO  CORRECT  SUCH ALLEGED VIOLATION OR VIOLATIONS WITHIN SIXTY DAYS FROM
 SERVICE OF SUCH NOTICE.
   C. WITHIN THE SIXTY-DAY PERIOD OF TIME DESCRIBED IN SUBDIVISION  B  OF
 THIS  SECTION,  THE  OWNER OF A PLACE OF PUBLIC ACCOMMODATION, RESORT OR
 AMUSEMENT MAY ADVISE THE CLAIMANT BY WRITTEN NOTICE  BY  BOTH  CERTIFIED
 MAIL,  RETURN  RECEIPT  REQUESTED  AND FIRST CLASS MAIL THAT THE ALLEGED
 VIOLATION OR VIOLATIONS HAVE EITHER BEEN CORRECTED OR DID NOT OCCUR  AND
 DO NOT NEED CORRECTION.
   § 2. This act shall take effect immediately.