Complaints, Answers, and Notification of Obligations

RCNY tit. 47, ch. 1, subch. B

in effect

47 RCNY § 1-11 Complaints Generally.

§ 1-11 Complaints Generally. (a) Who may file a complaint. (1) The Law Enforcement Bureau. The Law Enforcement Bureau may make, sign, and file a verified complaint alleging that a person has committed an unlawful discriminatory practice, an act of discriminatory harassment or violence, or an act of bias-based profiling. (2) Complainants. Any person aggrieved by an unlawful discriminatory practice, an act of discriminatory harassment or violence, or an act of bias-based profiling may individually or by such person's attorney or representative acting with appropriate legal authority make, sign, and file a written verified complaint with the Law Enforcement Bureau in accordance with these rules. However, the Law Enforcement Bureau must decline to accept a complaint for filing in the following circumstances: (i) Statute of limitations. The Law Enforcement Bureau must decline to file a complaint if the date of filing of the complaint would fall outside the statute of limitations set forth in § 8-109(e) of the Code. The Law Enforcement Bureau should determine whether tolling doctrines such as the continuing violation doctrine may apply and must honor valid tolling agreements. (ii) Election of remedies. The Law Enforcement Bureau must decline to file a complaint if the alleged unlawful discriminatory practice, act of discriminatory harassment or violence, or act of bias-based profiling arises from the same grievance as in: (A) a civil action previously initiated by complainant in a court of competent jurisdiction, unless such civil action has been dismissed without prejudice or withdrawn without prejudice. (B) an action or proceeding previously filed by the complainant before any administrative agency under any other law of the state. (C) a complaint previously filed by the complainant with the State Division of Human Rights, on which a final determination has been made. (b) Form of complaints. (1) Format. All complaints must be typewritten or written legibly in ink and must be signed and verified by the person making the complaint or, in the case of a Commission-initiated complaint, by the Law Enforcement Bureau. (2) Caption. Each complaint must recite the name of each complainant and respondent in a caption in the following form: CITY OF NEW YORK COMMISSION ON HUMAN RIGHTS ------------------------------------------------x In the Matter of the Complaint of: Verified Complaint Complainant, Case No. -against- Respondent. -------------------------------------------------x (c) Contents of complaint. A complaint must contain the following: (1) the full name and address of the person or persons making the complaint or such other designation as appropriate. Each such person is denominated a complainant. If a complaint is prepared by a complainant's attorney, the attorney's name, address, telephone number, email address, and facsimile number, if any, should also appear on the complaint; (2) the full name and address, where known, of the person or persons alleged to have committed an unlawful discriminatory practice, act of discriminatory harassment or violence, or act of bias-based profiling. Each such person is denominated a respondent; (3) a plain and concise statement of the specific facts constituting the alleged violation of the Code, set forth in consecutively numbered paragraphs. The statement of facts must contain, to the extent known to the complainant, the exact or approximate date or dates of the alleged discriminatory practices and, if the alleged violation of the Code is of a continuing nature, the dates between which that violation is alleged to have occurred; and the addresses or approximate locations of any places where the acts complained of are alleged to have occurred; and (4) whether complainant has previously filed any other civil or administrative action alleging an unlawful discriminatory practice, act of discriminatory harassment or violence, or act of bias-based profiling with respect to the allegations that are the subject of the complaint. In the event of a prior filing, a statement of the title, docket number, or similar identifying number, and forum before which such other claim was filed, and a statement of the status or disposition of such other action or proceeding should be included. (d) What constitutes filing of a complaint or answer. A signed, verified complaint or answer is filed when it is mailed to or personally served on the Law Enforcement Bureau. (e) Procedure following receipt of complaint. Consistent with 47 RCNY § 1-11(a)(1), when a complaint is filed, the Law Enforcement Bureau must record the date of filing and assign a complaint number to the complaint. The Law Enforcement Bureau must thereafter serve a copy of the filed complaint to each respondent and necessary party and must advise the respondents of their procedural rights and obligations. (Added City Record 8/6/2019, eff. 9/5/2019)

47 RCNY § 1-12 Commission-Initiated Complaints.

§ 1-12 Commission-Initiated Complaints. (a) Procedure following the filing of a Commission-initiated complaint. At the time that a Commission-initiated complaint is filed, the Law Enforcement Bureau must record the date of filing and assign a complaint number to the complaint. The Law Enforcement Bureau must thereafter serve a copy of the filed complaint on each respondent and advise the respondents of their procedural rights and obligations. (b) Probable cause. Commission-initiated complaints do not require a determination of probable cause. (Added City Record 8/6/2019, eff. 9/5/2019)

47 RCNY § 1-13 Amendments to Complaints.

§ 1-13 Amendments to Complaints. (a) General. A complaint may be amended as of right at any time before the referral of the complaint to OATH. While a case is pending before OATH, amendments must be made in accordance with OATH rules. An amended complaint supersedes all prior complaints. Amending a complaint does not necessitate a reevaluation of the initial probable cause determination. (b) Statute of limitations. With respect to respondents named in the original complaint, the date of filing an amended complaint relates back to the date the original complaint was filed. With respect to respondents named for the first time in an amended complaint, the statute of limitations must be assessed in accordance with the relation-back doctrine under New York law. (c) Additions or substitutions of the Commission. The Law Enforcement Bureau may amend a complaint to add the Commission to a complaint or substitute the Commission for a complainant at any time after a complaint has been filed but before a final determination on the complaint has been made. (Added City Record 8/6/2019, eff. 9/5/2019)

47 RCNY § 1-14 Answer.

§ 1-14 Answer. (a) Time for filing. A respondent must file an answer with the Law Enforcement Bureau within 30 days of having been served with a complaint. (b) Extension of time to answer. A respondent may, for good cause, apply to the Law Enforcement Bureau for additional time to file an answer. (c) Form and content of answer. The answer must be verified as to the truth of the statements therein and must, in consecutively numbered paragraphs that correspond to those in the complaint, specifically admit, deny, or explain each allegation, unless the respondent is without knowledge or information sufficient to form a belief about the allegation, in which case the respondent must so state, and such statement will operate as a denial. Any allegation in the complaint not specifically denied or explained will be deemed admitted unless good cause to the contrary is shown. To the extent that the respondent denies only part of an allegation, the respondent must state the extent of its denial and also state its response to the remaining portions of the allegation. All affirmative defenses and all mitigating factors recognized under the NYCHRL must be stated separately in the answer, or will be deemed waived, unless good cause to the contrary is shown. (d) Prohibition on counterclaims and cross-claims. The respondent may not interpose counterclaims or cross-claims in the answer, but is not precluded from filing a complaint under 47 RCNY § 1-11. (e) Position statements. A respondent should include a position statement to be filed with its answer, which may facilitate efficient and early resolution of a matter. A position statement will be shared with complainants and should detail the respondent's account of events relevant to the allegations in the complaint, and may include, if applicable: (1) A description of, and supporting evidence related to, the respondent's policies, trainings, workshops, or other practices that are aimed at preventing or combating discrimination, harassment, and retaliation; and (2) An explanation of the rationale behind the respondents' alleged conduct, and examples of the respondents' similar conduct toward persons other than the complainant(s) that may be relevant to the legal analysis of discrimination. (f) Amendment of answer. A respondent may amend its answer at any time prior to the referral of a complaint to OATH. An amendment to an answer subsequent to the referral of a complaint to OATH may be made in accordance with OATH rules. An amended answer supersedes all prior answers. (g) Procedure following receipt of an answer and position statement. The Law Enforcement Bureau must serve a copy of each answer and position statement on the complainant. (h) Failure to answer. Failure to file a timely answer may result in a finding of default, in which case the allegations in the complaint will be deemed admitted. (Added City Record 8/6/2019, eff. 9/5/2019)

47 RCNY § 1-15 Notice of Representation by Counsel.

§ 1-15 Notice of Representation by Counsel. Complainants and respondents may be represented by counsel. Prior to issuance of a report and recommendation by OATH, counsel appearing for the first time must notify the Law Enforcement Bureau of the following: the person or persons for whom the attorney appears and the attorney's name, address, telephone number, email address, and fax number. After a report and recommendation has been issued by OATH, counsel appearing for the first time must file a similar notice of appearance with the Office of the Chair. If applicable, counsel appearing for the first time should also provide notice of consent to service by email pursuant to 47 RCNY § 1-04(f). (Added City Record 8/6/2019, eff. 9/5/2019)

47 RCNY § 1-16 Rebuttal Statements.

§ 1-16 Rebuttal Statements. Upon request from the Law Enforcement Bureau, a complainant may submit a rebuttal to a respondent's answer and position statement. (Added City Record 8/6/2019, eff. 9/5/2019)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-121386Fetched: 10/24/2026