§ 1-14 Answer.
RCNY § 1-14
(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)
