S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2624
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ, SEAWRIGHT, PAULIN -- Multi-Sponsored by
   -- M. of A.  GOTTFRIED, SIMON -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend the executive law, in relation to awarding attorneys'
   fees and costs and exemplary damages  in  an  action  brought  for  an
   unlawful discriminatory practice
 
   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 UPON PREVAILING, SHALL RECOVER REASONABLE ATTOR-
 NEYS' FEES AND COSTS IN THE ACTION. IN ADDITION  THERETO  THE  TRIER  OF
 FACT  MAY  AWARD  EXEMPLARY  DAMAGES  AND  such other remedies as may be
 appropriate, including any civil fines and penalties provided in  subdi-
 vision  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 nine-
 ty-six-a  of  this  chapter,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00705-01-9

 A. 2624                             2
 
 person's election of an administrative remedy is annulled. Notwithstand-
 ing 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 appropri-
 ate 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 following 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 oppor-
 tunity  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 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.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.