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

                                   997

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- 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
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

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

                                                           LBD04725-01-1

A. 997                              2

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.