Cal. Civ. Code § 298
Judicial review and enforcement
Operative Text
§ 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, 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.
New York Executive Law § 298 establishes the process by which parties affected by a New York State Division of Human Rights (DHR) order — including orders after public hearing, cease-and-desist orders, damage awards, and complaint dismissals — may seek judicial review in state Supreme Court. The proceeding must be filed within sixty days of the order being served, and the court's review is generally limited to the record already developed before the DHR. In housing discrimination cases specifically, a complaint dismissed for lack of jurisdiction or probable cause may alternatively be refiled directly in court rather than appealed through this section.
Plain English — not legal advice.
Property owners or managers subject to a DHR order covered by N.Y. Exec. Law § 298 generally act promptly to track the sixty-day window from service of the order if they intend to seek judicial review in Supreme Court. A compliant operator keeps thorough records of all prior DHR proceedings, since the court's review is largely confined to that existing record and objections not raised earlier are typically not considered. Understanding which county's Supreme Court has venue — generally where the alleged discriminatory practice occurred or where the respondent does business — is part of navigating the process established under § 298.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y. Exec. Law § 298, tenants who are complainants or otherwise aggrieved by a DHR order have the right to seek judicial review of that order in state Supreme Court, provided the proceeding is initiated within sixty days of being served with the order. In housing discrimination cases where a complaint was dismissed for lack of jurisdiction or probable cause, § 298 also preserves the option to file the same claim directly in a court of appropriate jurisdiction instead of pursuing the administrative appeal route. Tenants exploring these paths may benefit from consulting a tenant-rights organization or legal aid provider familiar with DHR procedures to understand which avenue fits their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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