Chapter 40 - NEW YORK CITY HUMAN RIGHTS COMMISSION

Section 900.

Section 900.

  §  900.  Declaration  of  intent.  It is hereby declared as the public
policy of the city of New York to promote equal opportunity and  freedom
from  unlawful discrimination through the provisions of the city's human
rights law, chapter 1 of title 8 of the administrative code of the  city
of New York.

Section 901.

Section 901.

  §  901.  The  mayor may issue such executive orders as he or she deems
appropriate to provide for city  agencies  and  contractors  to  act  in
accordance with the policy set forth in this chapter.

Section 902.

Section 902.

  §  902.  a.  The  New  York  city commission on human rights is hereby
established and continued.
  b. The commission shall  have  the  power  to  eliminate  and  prevent
unlawful discrimination by enforcing the provisions of the New York city
human rights law, and shall have general jurisdiction and power for such
purposes.  It  may,  in  addition,  take  such  other  actions as may be
provided by law against prejudice,  intolerance,  bigotry  and  unlawful
discrimination.

Section 903.

Section 903.

  §  903.  The  commission  shall  consist  of  fifteen  members,  to be
appointed by the mayor, one of whom shall be designated by the mayor  as
its  chairperson  and  shall serve as such at the pleasure of the mayor.
The chairperson shall devote his or her entire time to the chairperson's
duties and shall not engage  in  any  other  occupation,  profession  or
employment.  Members  other  than  the  chairperson  shall serve without
compensation for a term of three years. In the event  of  the  death  or
resignation  of  any  member, his or her successor shall be appointed to
serve for the term for which such member had been appointed.

Section 904.

Section 904.

  § 904. Functions. The functions of the commission shall be:
  a. to foster mutual understanding and respect among all persons in the
city of New York;
  b.  to encourage equality of treatment for, and prevent discrimination
against, any group or its members;
  c. to cooperate with governmental and  non-governmental  agencies  and
organizations having like or kindred functions; and
  d.  to  make  such  investigations  and  studies in the field of human
relations as in the judgment of the commission will aid in  effectuating
its general purposes.

Section 905.

Section 905.

  §  905.  Powers  and  duties.  The powers and duties of the commission
shall be:
  a.  to  work  together  with  federal,  state  and  city  agencies  in
developing  courses  of  instruction, for presentation to city employees
and in public and private schools, public libraries, museums  and  other
suitable  places,  on  techniques  for  achieving harmonious inter-group
relations  within  the  city  of  New  York,   and   engage   in   other
anti-discrimination activities;
  b.  to  enlist the cooperation of various groups and organizations, in
mediation efforts, programs and campaigns devoted to  eliminating  group
prejudice, intolerance, hate crimes, bigotry and discrimination;
  c.   to   study  the  problems  of  prejudice,  intolerance,  bigotry,
discrimination and disorder occasioned thereby in all or any  fields  of
human relationship;
  d.  (1)  to  receive,  investigate  and  pass  upon  complaints and to
initiate  its  own  investigation  of:  (i)  group-tensions,  prejudice,
intolerance,  bigotry and disorder occasioned thereby, and (ii) unlawful
discrimination  against  any  person  or  group  of  persons,  provided,
however,  that with respect to discrimination alleged to be committed by
city officials or city agencies, such investigation shall  be  commenced
after  consultation  with  the mayor. Upon its own motion, to make, sign
and file complaints alleging violations of the city's human rights law;
  (2) in the event that any  such  investigation  discloses  information
that  any  person  or  group  of  persons may be engaged in a pattern or
practice that results in the denial to any person or group of persons of
the full enjoyment of any right secured by  the  human  rights  law,  in
addition  to  making, signing and filing a complaint upon its own motion
pursuant to paragraph a of this subdivision, to refer  such  information
to  the corporation counsel for the purpose of commencing a civil action
pursuant to chapter four of title eight of the administrative code;
  e. 1. to issue subpoenas in the  manner  provided  for  in  the  civil
practice  law  and  rules  compelling  the  attendance  of witnesses and
requiring the production of any evidence relating to  any  matter  under
investigation  or  any question before the commission, and to take proof
with respect thereto;
  2. to hold hearings, administer oaths and take testimony of any person
under oath; and
  3. in accordance with applicable law, to require the production of any
names of persons necessary for the  investigation  of  any  institution,
club or other place or provider of accommodation.
  4. in accordance with applicable law, to require any person or persons
who  are  the  subject of an investigation by the commission to preserve
such records as are in the possession of such person or persons  and  to
continue  to  make  and keep the type of records that have been made and
kept by such person or persons in the ordinary course of business within
the previous year, which  records  are  relevant  to  the  determination
whether  such  person  or persons have committed unlawful discriminatory
practices with respect to activities in the city;
  5. to issue publications and reports  of  investigation  and  research
designed  to  promote  good  will  and  minimize or eliminate prejudice,
intolerance, bigotry, discrimination and disorder occasioned thereby;
  6. to appoint such employees and agents as it deems to be necessary to
carry out its functions, powers and duties: provided, however, that  the
commission  shall  not  delegate  its power to adopt rules, and provided
further, that the commission's power to order that records be  preserved
or  made  and  kept  and  the  commission's  power  to  determine that a
respondent has engaged in an unlawful  discriminatory  practice  and  to
issue  an  order  for  such  relief  as is necessary and proper shall be

delegated only to members  of  the  commission.  The  expenses  for  the
carrying  on  of  the  commission's  activities shall be paid out of the
funds in the city treasury. The commission's appointment and  assignment
powers  as  set  forth  in  this  subdivision  may  be  exercised by the
chairperson of the commission;
  7. to recommend to the mayor and to the council legislation to aid  in
carrying out the purposes of this chapter;
  8. to submit an annual report to the mayor and the council which shall
be published in City Record; and
  9.  to adopt rules to carry out the provisions of this chapter and the
policies and procedures of the commission in connection therewith.

Section 906.

Section 906.

  §  906.  Relations  with  city  departments  and  agencies.  So far as
practicable and subject to the approval of the mayor,  the  services  of
all other city departments and agencies shall be made available by their
respective  head to the commission for the carrying out of the functions
herein stated. The head  of  any  department  or  agency  shall  furnish
information  in  the  possession  of  such department or agency when the
commission so requests. The corporation counsel,  upon  request  of  the
chairperson,  may assign counsel to assist the commission in the conduct
of its investigative or prosecutorial functions.