Bill Text: NY S06569 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to providing that, in housing cases only, after a dismissal for lack of probable cause or lack of jurisdiction, a complainant would have the option to appeal the final order, or bring a de novo action in court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-06-16 - REFERRED TO RULES [S06569 Detail]

Download: New_York-2019-S06569-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 16, 2019

        Introduced  by  Sen.  JACKSON  --  (at  request of the Division of Human
          Rights) -- read twice and ordered printed,  and  when  printed  to  be
          committed to the Committee on Rules

        AN  ACT  to  amend  the executive law, in relation to providing that, in
          housing cases only, after a dismissal for lack of  probable  cause  or
          lack  of  jurisdiction,  a complainant would have the option to appeal
          the final order, or bring a de novo action in court

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  9  of  section  297 of the executive law, as
     2  amended by section 16 of part D of chapter 405 of the laws of  1999,  is
     3  amended to read as follows:
     4    9.  Any  person claiming to be aggrieved by an unlawful discriminatory
     5  practice shall have a cause of action in any court of appropriate juris-
     6  diction for damages, including, in cases of housing discrimination only,
     7  punitive damages, and such other remedies as may be appropriate, includ-
     8  ing any civil fines and penalties provided in subdivision four  of  this
     9  section,  unless such person had filed a complaint hereunder or with any
    10  local commission on human rights, or with the superintendent pursuant to
    11  the provisions of section two  hundred  ninety-six-a  of  this  chapter,
    12  provided  that,  where  the division has dismissed such complaint on the
    13  grounds of administrative convenience, on the grounds  of  untimeliness,
    14  or on the grounds that the election of remedies is annulled, such person
    15  shall  maintain  all  rights  to  bring suit as if no complaint had been
    16  filed with the division. At any time prior to a hearing before a hearing
    17  examiner, a person who has a  complaint  pending  at  the  division  may
    18  request  that  the  division  dismiss the complaint and annul his or her
    19  election of remedies so that the human rights law claim may  be  pursued
    20  in court, and the division may, upon such request, dismiss the complaint
    21  on  the  grounds that such person's election of an administrative remedy
    22  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.

        S. 6569                             2

     1  of the civil practice law and rules, if a complaint is  so  annulled  by
     2  the  division,  upon  the  request  of the party bringing such complaint
     3  before the division, such party's rights to bring such cause  of  action
     4  before a court of appropriate jurisdiction shall be limited by the stat-
     5  ute of limitations in effect in such court at the time the complaint was
     6  initially filed with the division. Any party to a housing discrimination
     7  complaint  shall  have the right within twenty days following a determi-
     8  nation of probable cause pursuant to subdivision two of this section  to
     9  elect  to  have  an  action  commenced in a civil court, and an attorney
    10  representing the division of human rights will be appointed  to  present
    11  the  complaint  in court, or, with the consent of the division, the case
    12  may be presented by complainant's attorney. A  complaint  filed  by  the
    13  equal  employment opportunity commission to comply with the requirements
    14  of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29  USC  633(b)  shall  not
    15  constitute the filing of a complaint within the meaning of this subdivi-
    16  sion.  No  person  who  has initiated any action in a court of competent
    17  jurisdiction or who has an  action  pending  before  any  administrative
    18  agency under any other law of the state based upon an act which would be
    19  an  unlawful  discriminatory  practice  under  this  article, may file a
    20  complaint with respect to the same grievance under this section or under
    21  section two hundred ninety-six-a of this article. In  cases  of  housing
    22  discrimination  only, a person whose complaint has been dismissed by the
    23  division after investigation for lack of jurisdiction or lack of  proba-
    24  ble  cause  may  file the same cause of action in a court of appropriate
    25  jurisdiction pursuant to this section, unless judicial  review  of  such
    26  dismissal  has  been sought pursuant to section two hundred ninety-eight
    27  of this article.
    28    § 2. Section 298 of the executive law, as amended by  chapter  166  of
    29  the laws of 2000, is amended to read as follows:
    30    § 298. Judicial  review  and enforcement.  Any complainant, respondent
    31  or other person aggrieved by an order of the commissioner  which  is  an
    32  order  after public hearing, a cease and desist order, an order awarding
    33  damages, an order dismissing a complaint, or by an order of the division
    34  which makes a final disposition  of  a  complaint  may  obtain  judicial
    35  review  thereof,  and  the division may obtain an order of court for its
    36  enforcement and for the enforcement of any  order  of  the  commissioner
    37  which has not been appealed to the court, in a proceeding as provided in
    38  this  section.  Such proceeding shall be brought in the supreme court in
    39  the county wherein the unlawful discriminatory  practice  which  is  the
    40  subject  of the order occurs or wherein any person required in the order
    41  to cease and desist from an unlawful discriminatory practice or to  take
    42  other  affirmative action resides or transacts business. Such proceeding
    43  shall be initiated by the filing of a notice of petition and petition in
    44  such court.  Thereafter, at a time and in a manner to  be  specified  by
    45  rules  of  court, the division shall file with the court a written tran-
    46  script of the record of all prior proceedings.  Upon  the  filing  of  a
    47  notice  of  petition  and petition, the court shall have jurisdiction of
    48  the proceeding and of the  questions  determined  therein,  except  that
    49  where  the  order sought to be reviewed was made as a result of a public
    50  hearing held pursuant to paragraph a of subdivision four of section  two
    51  hundred  ninety-seven  of  this  article,  the court shall make an order
    52  directing that the proceeding be  transferred  for  disposition  to  the
    53  appellate  division  of  the  supreme  court  in the judicial department
    54  embracing the county in which the proceeding was  commenced.  The  court
    55  shall  have power to grant such temporary relief or restraining order as
    56  it deems just and proper, and to make  and  enter  upon  the  pleadings,

        S. 6569                             3

     1  testimony, and proceedings set forth in such transcript an order enforc-
     2  ing,  modifying, and enforcing as so modified, or setting aside in whole
     3  or in part such order. No objection that has not  been  urged  in  prior
     4  proceedings  shall  be  considered  by  the court, unless the failure or
     5  neglect to urge such objection shall be excused because of extraordinary
     6  circumstances. Any party may move the court to remit  the  case  to  the
     7  division  in  the interests of justice for the purpose of adducing addi-
     8  tional specified and material evidence  and  seeking  findings  thereon,
     9  provided  he  or  she shows reasonable grounds for the failure to adduce
    10  such evidence in prior proceedings. The findings of facts on which  such
    11  order  is  based shall be conclusive if supported by sufficient evidence
    12  on the record considered as a whole. All such proceedings shall be heard
    13  and determined by the court and any appeal taken from  its  judgment  or
    14  order  shall  be  reviewed  by  the appropriate appellate court as expe-
    15  ditiously as possible and with lawful precedence over other matters. The
    16  jurisdiction of the courts over these proceedings, as provided for here-
    17  in, shall be exclusive and their judgments and orders  shall  be  final,
    18  subject  to  appellate  review  in the same manner and form and with the
    19  same effect as provided  for  appeals  from  a  judgment  in  a  special
    20  proceeding.  The  division's copy of the testimony shall be available at
    21  all reasonable times to all parties for examination without cost and for
    22  the purposes of judicial review of such order.  Any  appeal  under  this
    23  section and any proceeding, if instituted under article seventy-eight of
    24  the civil practice law and rules to which the division or the board is a
    25  party  shall be heard on the record without requirement of printing. The
    26  division may appear in court by one of its attorneys. A proceeding under
    27  this section when instituted by any  complainant,  respondent  or  other
    28  person  aggrieved must be instituted within sixty days after the service
    29  of such order. In cases of  housing  discrimination  only,  a  complaint
    30  dismissed after investigation for lack of jurisdiction or lack of proba-
    31  ble  cause  may  either be appealed pursuant to this section or the same
    32  cause of action may be filed in  a  court  of  appropriate  jurisdiction
    33  pursuant to section two hundred ninety-seven of this article.
    34    §  3.  This  act shall take effect on the ninetieth day after it shall
    35  have become a law.