General

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

in effect

47 RCNY § 1-01 Scope of Rules.

§ 1-01 Scope of Rules. These rules are intended to carry out the provisions of the Human Rights Law ("NYCHRL"), Title 8 of the Administrative Code of the City of New York ("the Code"), and the policies and procedures of the Commission on Human Rights in connection therewith, as authorized by Chapter 40 of the Charter and § 8-117 of the Code. (Added City Record 8/6/2019, eff. 9/5/2019)

47 RCNY § 1-02 Organization of Commission.

§ 1-02 Organization of Commission. In order to carry out its various statutory responsibilities in a fair and impartial fashion, the Commission has separated its functions into discrete bureaus and offices, which, among other things, separate the Chair from the investigatory and prosecutorial functions of the agency. In addition to the Chair and the Commissioners, the following components of the Commission are directly involved in the enforcement of the NYCHRL: (a) Law Enforcement Bureau. The Law Enforcement Bureau is charged with the Commission's investigatory and prosecutorial functions. Where an action is authorized or required to be taken by the Law Enforcement Bureau, such action must be taken by the Deputy Commissioner for Law Enforcement, such Law Enforcement Bureau staff as the Deputy Commissioner may designate, or such person as may be appointed by the Chair of the Commission. (b) Office of General Counsel. The Office of General Counsel serves as counsel to the Chair and to the Commissioners. Where an action is authorized or required to be taken by the Office of General Counsel, such action must be taken by the General Counsel, such staff of the Office of General Counsel as the General Counsel may designate, or such person as may be appointed by the Chair of the Commission. (c) Office of Mediation and Conflict Resolution. The Office of Mediation and Conflict Resolution provides mediation services in connection with complaints that have been filed at the Commission. The Office of Mediation and Conflict Resolution operates independently from any other office within the Commission. Where an action is authorized or required to be taken by the Office of Mediation and Conflict Resolution, such action must be taken by the Director of the Office of Mediation and Conflict Resolution, such staff of the Office of Mediation and Conflict Resolution as the Director may designate, or such person as may be appointed by the Chair of the Commission. (d) Office of the Chair. The Office of the Chair is charged with the Commission's adjudicatory functions. Where an action is authorized or required to be taken by the Office of the Chair, such action must be taken by the Chair or such person as may be appointed by the Chair of the Commission, except such person may not include the Deputy Commissioner or staff of the Law Enforcement Bureau. (Added City Record 8/6/2019, eff. 9/5/2019)

47 RCNY § 1-03 Definitions and Construction.

§ 1-03 Definitions and Construction. Amended pleadings. For purposes of this chapter, amended complaints must be treated the same as complaints, and amended answers must be treated the same as answers, except as otherwise specifically provided. Administrative cause. For purposes of this chapter, the term "administrative cause" has the same meaning as "administrative convenience" as set forth in § 8-113 of the Code. Calculation of dates and deadlines. For purposes of this chapter, where a deadline is specified in the Code, these rules, a Commission subpoena, or a Commission order by the expiration of a specified number of days, the deadline is calculated in calendar days, exclusive of the starting calendar day from which the calculation is made. If the expiration of a time requirement falls on a weekend or a legal holiday of the State of New York, the expiration date is the next business day following the expiration date. Complaint. For purposes of this chapter, the term "complaint" means a formal, written complaint filed pursuant to Subchapter B of these rules. Complainant. For purposes of this chapter, the term "complainant" means a person who has filed a formal, written complaint pursuant to Subchapter B of these rules. Conciliation. For purposes of this chapter, the term "conciliation" refers to an agreement among persons including the Law Enforcement Bureau to resolve all or part of a case before the Commission. Necessary party. For purposes of this chapter, the term "necessary party" means any person determined by the Law Enforcement Bureau or by an Administrative Law Judge to be a person who might be inequitably affected by a decision of the Commission, or any person whose absence would preclude complete relief between the complainant and the respondent. Party. For purposes of this chapter, the term "party" means the Law Enforcement Bureau when acting as petitioner; respondents; complainants who intervene pursuant to § 2-25 of the Rules of Practice of the Office of Administrative Trials and Hearings (hereinafter "OATH") (48 RCNY § 2-25); or any necessary parties. Person. For purposes of this chapter, the term "person" includes one or more natural persons, proprietorships, partnerships, associations, group associations, organizations, governmental bodies or agencies, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and associations, organizations, or groups that assert the civil rights of protected classes. Respondent. For purposes of this chapter, the term "respondent" means a person who has been charged in a complaint filed pursuant to these rules with having committed an unlawful discriminatory practice, an act of discriminatory harassment or violence, or an act of bias-based profiling. Rule. For purposes of this chapter, the term "rule" has the meaning set forth in § 1041 of the City Administrative Procedure Act. Rules. For purposes of this chapter, unless otherwise apparent from the context, the term "rules" means the provisions of chapter 1 of title 47 of the Rules of the City of New York. Settlement. For purposes of this chapter, the term "settlement" refers to an agreement among persons not including the Law Enforcement Bureau to resolve all or part of a case before the Commission. Singular and plural usage. For purposes of this chapter, words in the singular include the plural and words in the plural include the singular, as the context may require. (Added City Record 8/6/2019, eff. 9/5/2019; amended City Record 8/4/2022, eff. 9/3/2022)

47 RCNY § 1-04 Service of Papers.

§ 1-04 Service of Papers. (a) Who can serve papers. Except where otherwise prescribed by law or an order of the Commission or of a court, papers may be served by any person of the age of eighteen years or over. (b) Parties to be Served. Each paper served on any party must be served on every other party who has appeared. (c) Service on persons represented by counsel. Whenever a person required to be served with a paper pursuant to these rules has duly informed the Commission pursuant to 47 RCNY § 1-15 that such person is represented by counsel, service must be made on the person's counsel in lieu of service on the person unless, consistent with the New York Rules of Professional Conduct, the person seeking to make service has reason to conclude that the person to be served is not in fact represented by counsel. Notwithstanding the foregoing, in addition to serving administrative notices on a represented person's counsel, the Commission may also serve such notices the on the person. (d) Methods of service. (1) Papers other than subpoenas. A paper other than a subpoena is served under this rule by: (i) handing it to the person; (ii) mailing it to the person's last known address, unless the serving party has reason to know that the person to be served no longer resides there. Service by mail is effective: i. five days from the date of mailing, if sent by first class mail. ii. one day from the date of mailing, if sent by overnight delivery. iii. for purposes of calculating deadlines for filing in state court, on the date of mailing. For example, the deadline for filing an appeal in state court should be calculated from the date of mailing of the decision that is the subject of the appeal. (iii) leaving it: i. at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or ii. if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there; (iv) sending it by email or facsimile, provided that either the person is represented by counsel and the papers are served on the attorney, or the person has provided written consent to such service pursuant to 47 RCNY § 1-04(f). Service by email or facsimile is complete at the time of transmission, but is not effective if the serving party learns that it did not reach the person to be served; (v) for service on corporations or other business entities, mailing it to the person registered with the New York State Department of State to receive service on behalf of the corporation or business entity or by serving the New York Department of State in accordance with applicable law; or (vi) if no other method of service is effective, as specified in an order by the Chair. (2) Subpoenas. A subpoena must be served in the manner provided for in the New York Civil Practice Law and Rules ("CPLR"). (e) Proof of Service. For purposes of this chapter, proof of service may include a written declaration, affidavit, affirmation, certification, or other statement made under penalty of perjury, specifying the papers served, the person who was served and the date, address, or, in the event there is no address, place and manner of service, and setting forth facts showing that the service was made by an authorized person and in an authorized manner. (f) Consent to email or facsimile service. An unrepresented party who consents to service by email or facsimile must provide written notice to all other parties, including the case name, case number, and the email address or facsimile number through which the party consents to accept service. Written consent to service by email or facsimile will remain in effect unless the consenting party provides unambiguous notice that consent is being withdrawn. Counsel appearing on behalf of a party are presumed to have consented to service by email, absent an express statement to the contrary. (g) Service by email. (1) File format. Papers served by email, other than materials produced in response to investigatory demands and subpoenas, should be sent in PDF format. Text-searchable PDF format is strongly encouraged. (2) Email subject lines. When service of papers is made by email, the subject line of the email must contain the case name and complaint number(s). (h) Parties' obligation to provide notice of changes in contact information and changes in counsel. All parties have a continuing obligation to promptly advise the Commission of any changes in contact information or in representation by counsel. Notice of changes in contact information or in representation must also be promptly provided to all other parties. (i) Time for service of complaints. A complaint must be served on each respondent within 120 days after it is filed. Claims against a respondent who is not timely served must be dismissed without prejudice, unless the Law Enforcement Bureau determines that good cause exists for an extension of the service deadline. (Added City Record 8/6/2019, eff. 9/5/2019)

47 RCNY § 1-05 Power Delegated to the Chair of the Commission to Propose Rules.

§ 1-05 Power Delegated to the Chair of the Commission to Propose Rules. The Commission delegates to the Chair of the Commission authority to propose rules prior to their final adoption by the Commission, pursuant to Chapter 1 of Title 8 of the Code and Section 905 of the Charter. (Added City Record 8/6/2019, eff. 9/5/2019)

47 RCNY § 1-06 General Procedure for Requesting Orders by the Chair, Except as Otherwise Specified.

§ 1-06 General Procedure for Requesting Orders by the Chair, Except as Otherwise Specified. Except as otherwise specifically provided in this chapter, when an application for an order from the Chair is authorized pursuant to the Code or this chapter, such application may be made by promptly filing a letter motion with the Office of the Chair, copies of which must also be served on all parties. The letter motion should set forth the nature of the request and the procedural stance of the case and should include any relevant supporting documentation. After the motion is served, the Office of the Chair will set deadlines for opposition and reply to the letter motion. (Added City Record 8/6/2019, eff. 9/5/2019)

47 RCNY § 1-07 Courtesy Paper Copies.

§ 1-07 Courtesy Paper Copies. Courtesy paper copies of submissions exceeding 10 pages in length must be provided to the agency, even if service is made by electronic means. (Added City Record 8/6/2019, eff. 9/5/2019)

47 RCNY § 1-08 Recusal of the Chair of the Commission.

§ 1-08 Recusal of the Chair of the Commission. The Chair may recuse themself from a case if the Chair determines that recusal is appropriate based on considerations of fairness and applicable law. If the Chair recuses themself, General Counsel must appoint a panel of at least three other Commissioners to serve in place of the Chair for that matter. (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/0-0-0-121122Fetched: 10/24/2026