What's happening
This bill allows individuals whose housing discrimination complaints are dismissed for lack of jurisdiction or probable cause to appeal or file a new court action.
Why it matters
Expands legal options for housing discrimination victims. The bill gives individuals whose complaints are dismissed for lack of jurisdiction or probable cause the right to either appeal the decision or start a new court case, reducing the chance that procedural issues block access to justice.
Addresses potential gaps in administrative protection. By allowing a fresh court action after certain dismissals, the legislation ensures that people who may have been denied a full hearing by the Division of Human Rights still receive a meaningful opportunity to have their claims considered.
Limits “one bite at the apple” to avoid duplicative litigation. The new right to file in court is only available if the individual has not already sought judicial review of their dismissal, preventing endless relitigation of the same issue.
Signals a focus on housing discrimination. These expanded rights are specific to housing discrimination cases, highlighting the state’s intent to make it easier for tenants and home seekers to challenge potentially discriminatory practices, even if initial complaints face administrative hurdles.
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Who cares
Headline styles
Let Housing Disputes Go to Court
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Signed chap.236
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.248
- Substituted for A9525
- Referred to codes
- Delivered to assembly
- Passed senateVote 43–17
- Ordered to third reading cal.801
- Reported and committed to rules
- Reported and committed to finance
Show 2 earlier actions
- Referred to investigations and government operations
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Housing Complaint Appeals
Assembly Floor Calendar · Sponsor David Buchwald
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6569
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 Assembly, 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 jurisdiction for damages, including, in cases of housing discrimination only, punitive damages, and such other remedies as may be appropriate, including any civil fines and penalties provided in subdivision 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 ninety-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 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.
LBD09263-01-9
S. 6569 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 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 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 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. In cases of housing discrimination only, a person whose complaint has been dismissed by the division after investigation for lack of jurisdiction or lack of probable cause may file the same cause of action in a court of appropriate jurisdiction pursuant to this section, unless judicial review of such dismissal has been sought pursuant to section two hundred ninety-eight of this article.
§ 2. Section 298 of the executive law, as amended by chapter 166 of the laws of 2000, is amended to read as follows:
§ 298. Judicial review and enforcement. Any complainant, respondent or other person aggrieved by an order of the commissioner which is an order after public hearing, a cease and desist order, an order awarding damages, an order dismissing a complaint, or by an order of the division which makes a final disposition of a complaint may obtain judicial review thereof, and the division may obtain an order of court for its enforcement and for the enforcement of any order of the commissioner which has not been appealed to the court, in a proceeding as provided in this section. Such proceeding shall be brought in the supreme court in the county wherein the unlawful discriminatory practice which is the subject of the order occurs or wherein any person required in the order to cease and desist from an unlawful discriminatory practice or to take other affirmative action resides or transacts business. Such proceeding shall be initiated by the filing of a notice of petition and petition in such court. Thereafter, at a time and in a manner to be specified by rules of court, the division shall file with the court a written transcript of the record of all prior proceedings. Upon the filing of a notice of petition and petition, the court shall have jurisdiction of the proceeding and of the questions determined therein, except that where the order sought to be reviewed was made as a result of a public hearing held pursuant to paragraph a of subdivision four of section two hundred ninety-seven of this article, the court shall make an order directing that the proceeding be transferred for disposition to the appellate division of the supreme court in the judicial department embracing the county in which the proceeding was commenced. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings,
S. 6569 3
testimony, and proceedings set forth in such transcript an order enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part such order. No objection that has not been urged in prior proceedings shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. Any party may move the court to remit the case to the division in the interests of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon, provided he or she shows reasonable grounds for the failure to adduce such evidence in prior proceedings. The findings of facts on which such order is based shall be conclusive if supported by sufficient evidence on the record considered as a whole. All such proceedings shall be heard and determined by the court and any appeal taken from its judgment or order shall be reviewed by the appropriate appellate court as expeditiously as possible and with lawful precedence over other matters. The jurisdiction of the courts over these proceedings, as provided for herein, shall be exclusive and their judgments and orders shall be final, subject to appellate review in the same manner and form and with the same effect as provided for appeals from a judgment in a special proceeding. The division's copy of the testimony shall be available at all reasonable times to all parties for examination without cost and for the purposes of judicial review of such order. Any appeal under this section and any proceeding, if instituted under article seventy-eight of the civil practice law and rules to which the division or the board is a party shall be heard on the record without requirement of printing. The division may appear in court by one of its attorneys. A proceeding under this section when instituted by any complainant, respondent or other person aggrieved must be instituted within sixty days after the service of such order. In cases of housing discrimination only, a complaint dismissed after investigation for lack of jurisdiction or lack of probable cause may either be appealed pursuant to this section or the same cause of action may be filed in a court of appropriate jurisdiction pursuant to section two hundred ninety-seven of this article.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose of the bill
The purpose of the bill is to amend the Human Rights Law to provide that, in cases of housing discrimination only, following a dismissal by the Division of Human Rights (Division) for lack of probable cause or lack of jurisdiction, the complainant would have the option either to appeal the final order (as is currently permitted) or bring a de novo action in court.
Summary of provisions
Subsection 9 of section 297 of the Executive Law would be amended to provide that, in cases of housing discrimination only, after a dismissal for lack of probable cause or lack of jurisdiction, the complainant would have the option either to appeal the final order, or bring a de novo action in court. This option would be an exception to the election of remedies provisions of this subsection, which would continue to apply to all cases except housing discrimination cases.
Read the full memo (691 words)
Section 298 of the Executive Law would be similarly amended to clarify, for cases of housing discrimination only, that the appeal pro visions of this section are not the exclusive avenue for complainants who receive a determination of lack of probable cause or lack of jurisdiction.
Existing law
The Human Rights Law currently provides, pursuant to subsection 9 of section 297, that a complainant must elect to file with the Division or to file in court, but may not pursue both remedies. A complaint may be filed in court after a case is dismissed for administrative convenience, or as untimely, or on the basis that the election of remedies is annulled. However, currently after a determination of lack of jurisdic- tion or lack of probable cause, the complainant's recourse is an appeal pursuant to Section 298 of the Executive Law.
Section 298 of the Executive Law states the procedures for appeal of a Division final order, including determinations of lack of probable cause or lack of jurisdiction.
Justification
In 1999, following multiple amendments to the Human Rights Law, the U.S. Department of Housing and Urban Development (HUD) determined that the Human Rights Law was substantially equivalent to the federal Fair Hous- ing Act. This finding of substantial equivalence permitted the Division to once again enter into case processing contracts with HUD, as it had previously done before the federal law was amended, and as it has done annually since substantial equivalence was achieved.
These contracts are beneficial to both agencies and result in signif- icant federal funding to the Division. U.S. Department of Housing and Urban Development has requested this proposed change to the Human Rights Law because it has determined that it is necessary that the Fair Housing Act and the Human Rights Law be more equivalent than it had previously determined. Under federal law, a complaining party may bring an action in court following the completion of the investigation, although, unlike state law, federal law does not provide a right of appeal to court following the investigative determi- nation. HUD has requested that the Division seek legislation to permit a case to be brought de novo in court following a final determination after investigation by the Division.
This bill would provide complainant the option of either appealing the final Division determination after investigation to court or filing the case de novo in court.
Prior legislative history
This bill was introduced in the 2017-18 session as A.7282 (departmental Bill 40, DHR 0317); It did not come to a vote in either house. This bill was introduced in 2015-2016 as A.6944 (Departmental 9, DHR 02-15). It passed the Assembly but did not come to a vote in the Senate. This bill was also introduced in 2013-2014 as A.7407
(Departmental 41, DHR 5-13). It passed the Assembly but did not come to a vote in the Senate.
Budget implications
None.
Local impact
None.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.