S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6411
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PEOPLES-STOKES, COOK, GOTTFRIED, RICHARDSON,
   BLAKE -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT -- read  once  and
   referred to the Committee on Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to institution of court
   actions

   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.
              

                                                            LBD04723-01-9

 A. 6411                             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.
   § 2.  This act shall take effect immediately.