Assembly Bill A6898

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6898
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by M. of A. WOERNER, HUNTER, K. BROWN, JONES, TAGUE, ANGELI-
   NO, HAWLEY, NOVAKHOV, LUPARDO, LEVENBERG -- 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]
 THE 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  administra-
 tive  remedy is annulled. Notwithstanding subdivision (a) of section two
 hundred four of the civil practice law and rules, if a complaint  is  so
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00902-01-5
              

 A. 6898                             2
 
 annulled  by  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  statute  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 follow-
 ing  a  determination  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 subdivision. No person who has initiated any action in a  court  of
 competent  jurisdiction or who has an action pending before any adminis-
 trative 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
 probable cause may file the same cause of action in a court of appropri-
 ate  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 authorized 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  PARAGRAPH  B  OF
 THIS  SUBDIVISION,  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.