S T A T E O F N E W Y O R K
________________________________________________________________________
1684
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. WOERNER, THIELE, DICKENS, TAGUE, ANGELINO,
HAWLEY, SILLITTI, HUNTER, K. BROWN, JONES -- read once and referred to
the Committee 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
amended by chapter 140 of the laws of 2022, 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 article,
provided that, where the division 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. 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.
LBD02612-01-3
A. 1684 2
the division, upon the request of the party bringing such complaint
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. The attorney general shall have the power to commence
an action or proceeding in the supreme court of the state of New York,
if, upon information or belief, the attorney general is of the opinion
that an employer has been, is, or is about to violate the provisions
regarding unlawful discriminatory retaliation pursuant to subdivision
seven of section two hundred ninety-six of this article. Nothing in this
section shall in any way limit rights or remedies which are otherwise
available under law to the attorney general or any other person author-
ized to bring an action under this section.
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.