New York S 5065: Relates to attorneys' fees in actions for unlawful discriminatory practices

Bill Text

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S05065 Summary:

BILL NOS05065 

&nbsp

SAME ASSAME AS A03255

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §297, Exec L

&nbsp

Permits awarding of reasonable attorneys' fees and costs in court actions for unlawful discriminatory practices pursuant to the human rights law.

Go to top S05065 Actions:

BILL NOS05065 

&nbsp

02/18/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS05065 Committee&nbspVotes:

Go to topS05065 Floor&nbspVotes:

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

Go to topS05065 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5065

 2025-2026 Regular Sessions

 IN SENATE

 February 18, 2025
 ___________

 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Investigations and Govern-
 ment Operations

 AN ACT to amend the executive law, in relation to awarding attorneys'
 fees and costs 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:

 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. 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 employment discrimination
 7 related to private employers and housing discrimination only,] and may
 8 award punitive damages, and such other remedies as may be appropriate,
 9 including any civil fines and penalties provided in subdivision four of
 10 this section, unless such person had filed a complaint hereunder or with
 11 any local commission on human rights, or with the superintendent pursu-
 12 ant to the provisions of section two hundred ninety-six-a of this arti-
 13 cle, provided that, where the division has dismissed such complaint on
 14 the grounds of administrative convenience, on the grounds of untimeli-
 15 ness, or on the grounds that the election of remedies is annulled, such
 16 person shall maintain all rights to bring suit as if no complaint had
 17 been filed with the division. At any time prior to a hearing before a
 18 hearing examiner, a person who has a complaint pending at the division
 19 may request that the division dismiss the complaint and annul [his or
 20 her] such person's election of remedies so that the human rights law
 21 claim may be pursued in court, and the division may, upon such request,
 22 dismiss the complaint on the grounds that such person's election of an
 23 administrative remedy is annulled. Notwithstanding subdivision (a) of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07232-01-5

 S. 5065 2

 1 section two hundred four of the civil practice law and rules, if a
 2 complaint is so annulled by the division, upon the request of the party
 3 bringing such complaint before the division, such party's rights to
 4 bring such cause of action before a court of appropriate jurisdiction
 5 shall be limited by the statute of limitations in effect in such court
 6 at the time the complaint was initially filed with the division. Any
 7 party to a housing discrimination complaint shall have the right within
 8 twenty days following a determination of probable cause pursuant to
 9 subdivision two of this section to elect to have an action commenced in
 10 a civil court, and an attorney representing the division of human rights
 11 will be appointed to present the complaint in court, or, with the
 12 consent of the division, the case may be presented by complainant's
 13 attorney. A complaint filed by the equal employment opportunity commis-
 14 sion to comply with the requirements of 42 USC 2000e-5(c) and 42 USC
 15 12117(a) and 29 USC 633(b) shall not constitute the filing of a
 16 complaint within the meaning of this subdivision. No person who has
 17 initiated any action in a court of competent jurisdiction or who has an
 18 action pending before any administrative agency under any other law of
 19 the state based