The New York State Senate

 
                     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.