§ 8-120 Decision and order.

   a.   If, upon all the evidence at the hearing, and upon the findings of fact, conclusions of law and relief recommended by an administrative law judge, the commission shall find that a respondent has engaged in any unlawful discriminatory practice or any act of discriminatory harassment or violence as set forth in chapter 6 of this title, the commission shall state its findings of fact and conclusions of law and shall issue and cause to be served on the complainant, respondent, any necessary party and any complainant who has not intervened an order requiring such respondent to cease and desist from such unlawful discriminatory practice or acts of discriminatory harassment or violence. Such order shall require the respondent to take such affirmative action as, in the judgment of the commission, will effectuate the purposes of this chapter or chapter 6 of this title, as applicable, including, but not limited to:

      1.   Hiring, reinstatement or upgrading of employees;

      2.   The award of back pay and front pay;

      3.   Admission to membership in any respondent labor organization;

      4.   Admission to or participation in a program, apprentice training program, on-the-job training program or other occupational training or retraining program;

      5.   The extension of full, equal and unsegregated accommodations, advantages, facilities and privileges;

      6.   Evaluating applications for membership in a club that is not distinctly private, without unlawful discrimination;

      7.   Selling, renting or leasing, or approving the sale, rental or lease of housing accommodations, land or commercial space or an interest therein, or the provision of credit with respect thereto, without unlawful discrimination;

      8.   Payment of compensatory damages to the person aggrieved by such practice or act;

      9.   Submission of reports with respect to the manner of compliance; and

      10.   Payment of the complainant's reasonable attorney's fees, expert fees and other costs. The commission may consider matter-specific factors when determining the complainant's attorney's fee award, including, but not limited to:

         (i)   Novelty or difficulty of the issues presented;

         (ii)   Skill and experience of the complainant's attorney; and

         (iii)   The hourly rate charged by attorneys of similar skill and experience litigating similar cases in New York county.

   b.   If, upon all the evidence at the hearing, and upon the findings of fact and conclusions of law recommended by the administrative law judge, the commission shall find that a respondent has not engaged in any such unlawful discriminatory practice or act of discriminatory harassment or violence as set forth in chapter 6 of this title, the commission shall state its findings of fact and conclusions of law and shall issue and cause to be served on the complainant, respondent, and any necessary party and on any complainant who has not intervened an order dismissing the complaint as to such respondent.

(Am. L.L. 2016/036, 3/28/2016, eff. 3/28/2016; Am. L.L. 2018/063, 1/19/2018, eff. 10/16/2018)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/039 and L.L. 2005/085.

§ 8-121 Reopening of proceeding by commission.

The commission may reopen any proceeding, or vacate or modify any order or determination of the commission, whenever justice so requires, in accordance with the rules of the commission.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/039.

§ 8-122 Injunction and temporary restraining order.

At any time after the filing of a complaint alleging an unlawful discriminatory practice under this chapter or an act of discriminatory harassment or violence as set forth in chapter 6 of this title, if the commission has reason to believe that the respondent or other person acting in concert with respondent is doing or procuring to be done any act or acts, tending to render ineffectual relief that could be ordered by the commission after a hearing as provided by section 8-120, a special proceeding may be commenced in accordance with article 63 of the civil practice law and rules on behalf of the commission in the supreme court for an order to show cause why the respondent and such other persons who are believed to be acting in concert with respondent should not be enjoined from doing or procuring to be done such acts. The special proceeding may be commenced in any county within the city where the alleged unlawful discriminatory practice or act of discriminatory harassment or violence was committed, or where the commission maintains its principal office for the transaction of business, or where any respondent resides or maintains an office for the transaction of business, or where any person aggrieved by the unlawful discriminatory practice or act of discriminatory harassment or violence resides, or, if the complaint alleges an unlawful discriminatory practice under paragraphs (a), (b) or (c) of subdivision 5 of section 8-107, where the housing accommodation, land or commercial space specified in the complaint is located. The order to show cause may contain a temporary restraining order and shall be served in the manner provided therein. On the return date of the order to show cause, and after affording the commission, the person aggrieved and the respondent and any person alleged to be acting in concert with the respondent an opportunity to be heard, the court may grant appropriate injunctive relief upon such terms and conditions as the court deems proper.

(Am. L.L. 2018/063, 1/19/2018, eff. 10/16/2018)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/039.

§ 8-123 Judicial review.

   a.   Any complainant, respondent or other person aggrieved by a final order of the commission issued pursuant to section 8-120 or section 8-126 of this chapter or an order of the chairperson issued pursuant to subdivision f of section 8-113 of this chapter affirming the dismissal of a complaint may obtain judicial review thereof in a proceeding as provided in this section.

   b.   Such proceeding shall be brought in the supreme court of the state within any county within the city wherein the unlawful discriminatory practice or act of discriminatory harassment or violence as set forth in chapter 6 of this title which is the subject of the commission's order occurs or wherein any person required in the order to cease and desist from an unlawful discriminatory practice or act of discriminatory harassment or violence or to take other affirmative action resides or transacts business.

   c.   Such proceeding shall be initiated by the filing of a petition in such court, together with a written transcript of the record upon the hearing, before the commission, and the issuance and service of a notice of motion returnable before such court. Thereupon the court shall have jurisdiction of the proceeding and of the questions determined therein, and shall have power to grant such relief as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript an order annulling, confirming or modifying the order of the commission in whole or in part. No objection that has not been urged before the commission shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.

   d.   Any part may move the court to remit the case to the commission in the interests of justice for the purpose of adducing additional specified and materials evidenced and seeking findings thereon, provided such party shows reasonable grounds for the failure to adduce such evidence before the commission.

   e.   The findings of the commission as to the facts shall be conclusive if supported by substantial evidence on the record considered as a whole.

   f.   All such proceedings shall be heard and determined by the court and by any appellate court as expeditiously as possible and with lawful precedence over other matters. The jurisdiction of the supreme court shall be exclusive and its judgment and order shall be final, subject to review by the appellate division of the supreme court and the court of appeals in the same manner and form and with the same effect as provided for appeals from a judgment in a special proceeding.

   g.   The commission's copy of the testimony shall be available at all reasonable times to all parties for examination without cost and for the purposes of judicial review of the order of the commission. The appeal shall be heard on the record without requirement of printing.

   h.   A proceeding under this section must be instituted within 30 days after the service of the order of the commission.

(Am. L.L. 2018/063, 1/19/2018, eff. 10/16/2018)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/039.

§ 8-124 Civil penalties for violating commission orders.

Any person who fails to comply with an order issued by the commission pursuant to section 8-115 or section 8-120 shall be liable for a civil penalty of not more than $50,000 and an additional civil penalty of not more than $100 per day for each day that the violation continues.

(Am. L.L. 2018/063, 1/19/2018, eff. 10/16/2018)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/039.