New York S 3237: Requires additional notice prior to commencing an action in certain discrimination cases

Bill Text

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S03237 Summary:

BILL NOS03237 

&nbsp

SAME ASSAME AS A06898

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SPONSORCOONEY

&nbsp

COSPNSRGONZALEZ, HINCHEY, PALUMBO

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MLTSPNSR

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Amd §297, Exec L

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Requires that a claimant alleging that the contents of a website or mobile application that describes goods and services provided at a place of public accommodation constitutes an unlawful discriminatory practice against visually and hearing impaired individuals serve written notice on the owner and provide 60 days to cure the alleged violation prior to commencing an action.

Go to top S03237 Actions:

BILL NOS03237 

&nbsp

01/24/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS03237 Committee&nbspVotes:

Go to topS03237 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03237 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3237

 2025-2026 Regular Sessions

 IN SENATE

 January 24, 2025
 ___________

 Introduced by Sens. COONEY, HINCHEY, PALUMBO -- read twice and ordered
 printed, and when printed to be committed to the Committee on Investi-
 gations and Government Operations

 AN ACT to amend the executive law, in relation to requiring additional
 notice prior to commencing an action in certain discrimination cases

 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 chapter 140 of the laws of 2022, is amended to read as
 3 follows:
 4 9. a. Any person claiming to be aggrieved by an unlawful discriminato-
 5 ry practice shall have a cause of action in any court of appropriate
 6 jurisdiction for damages, including, in cases of employment discrimi-
 7 nation related to private employers and housing discrimination only,
 8 punitive damages, and such other remedies as may be appropriate, includ-
 9 ing any civil fines and penalties provided in subdivision four of this
 10 section, unless such person had filed a complaint hereunder or with any
 11 local commission on human rights, or with the superintendent pursuant to
 12 the provisions of section two hundred ninety-six-a of this article,
 13 provided that, where the division has dismissed such complaint on the
 14 grounds of administrative convenience, on the grounds of untimeliness,
 15 or on the grounds that the election of remedies is annulled, such person
 16 shall maintain all rights to bring suit as if no complaint had been
 17 filed with the division. At any time prior to a hearing before a hearing
 18 examiner, a person who has a complaint pending at the division may
 19 request that the division dismiss the complaint and annul [his or her]
 20 the election of remedies so that the human rights law claim may be
 21 pursued in court, and the division may, upon such request, dismiss the
 22 complaint on the grounds that such person's election of an administra-
 23 tive remedy is annulled. Notwithstanding subdivision (a) of section two
 24 hundred four of the civil practice law and rules, if a complaint is so

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00902-01-5

 S. 3237 2

 1 annulled by the division, upon the request of the party bringing such
 2 complaint before the division, such party's rights to bring such cause
 3 of action before a court of appropriate jurisdiction shall be limited by
 4 the statute of limitations in effect in such court at the time the
 5 complaint was initially filed with the division. Any party to a housing
 6 discrimination complaint shall have the right within twenty days follow-
 7 ing a determination of probable cause pursuant to subdivision two of
 8 this section to elect to have an action commenced in a civil court, and
 9 an attorney representing the division of human rights will be appointed
 10 to present the complaint in court, or, with the consent of the division,
 11 the case may be presented by complainant's attorney. A complaint filed
 12 by the equal employment opportunity commission to comply with the
 13 requirements of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b)
 14 shall not constitute the filing of a com