Section 8-401
§ 8-401 Legislative declaration. The council finds that certain forms
of unlawful discrimination are systemic in nature rooted in the
operating conditions or policies of a business or industry. The council
finds that the existence of systemic discrimination poses a substantial
threat to, and inflicts significant injury upon, the city that is
economic, social and moral in character, and is distinct from the injury
sustained by individuals as an incident of such discrimination. The
council finds that the potential for systemic discrimination exists in
all areas of public life and that employment, housing and public
accommodations are among the areas in which the economic effects of
systemic discrimination are exemplified. The existence of systemic
discrimination impedes the optimal efficiency of the labor market by,
among other things, causing decisions to employ, promote or discharge
persons to be based upon reasons other than qualifications and
competence. Such discrimination impedes the optimal efficiency of the
housing market and retards private investments in certain neighborhoods
by causing decisions to lease or sell housing accommodations to be based
upon discriminatory factors and not upon ability and willingness to
lease or purchase property. The council finds that the reduction in the
efficiency of the labor, housing and commercial markets has a
detrimental effect on the city's economy, thereby reducing revenues and
increasing costs to the city. The council finds that such economic
injury to the city severely diminishes its capacity to meet the needs of
those persons living and working in, and visiting, the city. The council
finds further that the social and moral consequences of systemic
discrimination are similarly injurious to the city in that systemic
discrimination polarizes the city's communities, demoralizes its
inhabitants and creates disrespect for the law, thereby frustrating the
city's efforts to foster mutual respect and tolerance among its
inhabitants and to promote a safe and secure environment. The council
finds that the potential consequences to the city of this form of
discrimination requires that the corporation counsel be expressly given
the authority to institute a civil action to enforce the city's human
rights law so as to supplement administrative means to prevent or remedy
injury to the city.
Section 8-402
§ 8-402 Civil action to eliminate unlawful discriminatory practices.
a. Whenever there is reasonable cause to believe that a person or group
of persons is engaged in a pattern or practice that results in the
denial to any person of the full enjoyment of any right secured by
chapter one of this title, a civil action on behalf of the commission or
the city may be commenced in a court of competent jurisdiction, by
filing a complaint setting forth facts pertaining to such pattern or
practice and requesting such relief as may be deemed necessary to insure
the full enjoyment of the rights described in such chapter, including,
but not limited to, injunctive relief, damages, including punitive
damages, and such other types of relief as are specified in subdivision
a of section 8-120 of this title. Nothing in this section shall be
construed to prohibit (i) an aggrieved person from filing a complaint
pursuant to section 8-109 of chapter one of this title or from
commencing a civil action pursuant to chapter five of this title based
upon the same facts pertaining to such a pattern or practice as are
alleged in the civil action, or (ii) the commission from filing a
commission-initiated complaint pursuant to section 8-109 of chapter one
of this title alleging a pattern or practice of discrimination, provided
that a civil action pursuant to this section shall not have previously
been commenced.
b. A civil action commenced under this section must be commenced
within three years after the alleged discriminatory practice occurred.
c. Such action may be instituted only by the corporation counsel, such
attorneys employed by the city commission on human rights as are
designated by the corporation counsel or other persons designated by the
corporation counsel.
Section 8-403
§ 8-403 Investigation. The corporation counsel may initiate any
investigation to ascertain such facts as may be necessary for the
commencement of a civil action pursuant to section 8-402 of this
chapter, and in connection therewith shall have the power to issue
subpoenas to compel the attendance of witnesses and the production of
documents, to administer oaths and to examine such persons as are deemed
necessary.
Section 8-404
§ 8-404 Civil penalty. In any civil action commenced pursuant to
section 8-402 of this chapter, the trier of fact may, to vindicate the
public interest, impose upon any person who is found to have engaged in
a pattern or practice that results in the denial to any person of the
full enjoyment of any right secured by chapter one of this title a civil
penalty of not more than two hundred fifty thousand dollars. In relation
to determining the appropriate amount of civil penalties to be imposed
pursuant to this section a liable party may plead and prove any relevant
mitigating factor. Any civil penalties so recovered pursuant to this
chapter shall be paid into the general fund of the city. Nothing in this
section shall be construed to preclude the city from recovering damages,
including punitive damages, and other relief pursuant to section 8-402
of this chapter in addition to civil penalties.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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