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. The attorney general shall have the power to commence an action
or proceeding in the supreme court of the state of New York, if, upon
information or belief, the attorney general is of the opinion that an
employer has been, is, or is about to violate the provisions regarding
unlawful discriminatory retaliation pursuant to subdivision seven of