§ 2-07 Appeals of Factual Determinations.
RCNY § 2-07
a. A Complaint Subject or any MLTC may appeal a factual determination that there was a violation to the Commissioner.
1.A notice of appeal must be filed with the Commissioner, at the address indicated in the notice of the factual determination, within 10 business days of the factual determination that there was a violation. The notice of appeal must include the full name of the appellant, the identity and location of the Complaint Subject, a copy of the factual determination being appealed, and a statement that the appellant intends to appeal the factual determination.
2.The appeal must be perfected within 20 business days of the factual determination. The appeal must be filed in writing with the Commissioner at the address indicated in the notice of the factual determination. The appeal must include the identity of the Complaint Subject, a copy of the factual determination being appealed, and a statement of the reasons why the Complaint Subject believes the factual determination to be incorrect.
3.Petitions for an extension of these deadlines may be presented in writing before the due date for a notice of appeal or the perfection of the appeal and will be granted upon a showing of reasonable cause.
4.The Commissioner will make best efforts to render a written decision as to whether the factual determinations are correct or incorrect, including a statement of the reasons for the decision, within 60 business days of receipt of the perfected appeal. The Commissioner will provide its decision, by email or first-class mail, to the Complaint Subject, all MLTCs, and the complainant.
5.A written decision by the Commissioner upholding or modifying a factual determination will be considered a factual determination subject to 69 RCNY § 2-08. b. The ombudsperson may not issue a notice of violation or impose civil penalties pursuant to 69 RCNY § 2-08 until: (i) the 10-business day period during which an appeal may be noticed has elapsed; or (ii) the 20-business day period during which an appeal may be perfected has elapsed where a notice of appeal has been timely filed; or (iii) the Commissioner has rendered a written decision on an appeal where a perfected appeal has been timely filed. c. If the Complaint Subject or an MLTC files a notice of appeal or perfects its appeal, the ombudsperson will notify all MLTCs of the action by email or first-class mail. The notice must include an explanation of the appeals process, including that the factual determination made by the ombudsperson may be modified or overturned upon appeal. d. The written decision of the Commissioner pursuant to this section may not be appealed. (Added City Record 1/9/2020, eff. 2/8/2020; amended City Record 7/8/2025, eff. 8/7/2025)
