S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1190                                                  A. 3483

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 27, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sens. THOMPSON, KRUEGER, ONORATO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Investigations and Government Operations

IN ASSEMBLY -- Introduced by M. of A. PEOPLES, DESTITO, GOTTFRIED, SWEE-
  NEY,  KAVANAGH  --  Multi-Sponsored  by -- M. of A. ALFANO, BOYLAND --
  read once and referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to institution  of  court
  actions under section 297 thereof

  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  section 16 of part D of chapter 405 of the laws of 1999, is
amended to read as follows:
  9. Any person claiming to be aggrieved by an  unlawful  discriminatory
practice shall have a cause of action in any court of appropriate juris-
diction for damages, including, in cases of 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]  PURSUANT
TO  THIS  SECTION  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 divi-
sion 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 AND
MAY BRING SUCH SUIT WITHIN THREE YEARS  AFTER  ANY  SUCH  DISMISSAL  FOR
ADMINISTRATIVE  CONVENIENCE.    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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02790-01-9
              

S. 1190                             2                            A. 3483

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
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] SHALL 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.
  S 2.  This act shall take effect immediately.