Senate Bill S3237

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3237
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sens. COONEY, HINCHEY, PALUMBO -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations
 
 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
              

 S. 3237                             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.