§ 1-11 Complaints Generally.
RCNY § 1-11
(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by complainant in a court of competent jurisdiction, unless such civil action has been dismissed without prejudice or withdrawn without prejudice.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.
(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)
