Albany, N.Y., Code of Ordinances ch. 187 § 187-9

A. Any person claiming to be aggrieved by an unlawful discriminatory practice may on their own or by an attorney at law, make, sign and file with the Fair Housing Office a verified complaint within one year from the date of the claimed unlawful discriminatory act. The complaint to be filed shall state the name and address of the person or persons alleged to have committed the unlawful discriminatory practice complained of and which shall set forth the particulars thereof and contain such other information as may be requested by the Fair Housing Office. B. After the filing of the complaint, the Fair Housing Office shall determine jurisdiction and notify the complainant of the outcome. If jurisdiction is verified, the Fair Housing Office shall promptly serve a copy of the complaint on the respondent requesting the respondent to answer the complaint in writing within 20 days after sending such notice. (1) If the respondent fails to answer the complaint, the investigation shall proceed with the evidence provided. The Fair Housing Office may enter a hearing default based on the outcome of the investigation. Such default may only be set aside for good cause shown within 90 days of an entered default, upon equitable terms and conditions. C. The Fair Housing Office shall, thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is a probable cause to establish discriminatory conduct. In connection with the filing of a complaint, the Fair Housing Office is authorized to issue subpoenas to require the testimony of either party to the complaint, or any witnesses, in addition to the production of documents as are reasonably necessary for the furtherance of the investigation. D. The Fair Housing Office shall endeavor to conclude the investigation within 120 days and determine whether there is probable cause to believe the respondent has engaged in an unlawful discriminatory practice under this chapter. Upon a finding of probable cause, the Fair Housing Officer may attempt resolution through conciliation pursuant to Subsection E ; refer the matter to New York State Division of Human Rights; or proceed with enforcement in accordance with § 187-10(C) of this chapter. E. At any time after the filing of a complaint, the Fair Housing Office may, in its discretion, endeavor to eliminate the alleged unlawful discriminatory practice by conference, conciliation, and persuasion. The Fair Housing Office may resolve a complaint through a conciliation agreement, which shall include provisions requiring the respondent to refrain from prohibited discriminatory practices and may include such affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be subject to confidentiality agreements. (1) No later than one year from the date of a conciliation agreement or an order issued under this section, and at any other time in its discretion, the Fair Housing Office shall investigate whether the respondent is in compliance with the terms of such agreement or order. (2) Upon a finding of noncompliance, the Fair Housing Office shall take appropriate action to ensure compliance, including proceeding with enforcement pursuant to § 187-10 of this chapter. F. If the Fair Housing Office, in its discretion, finds it is not feasible to eliminate such unlawful practices by conference, conciliation or persuasion, the Office may cause to be issued and served a written notice, together with a copy of the complaint, requiring the person to answer the charges at a hearing at a time and place to be specified in the notice. (1) The complainant and respondent shall be provided a reasonable opportunity to be heard and to present evidence. (2) Following the hearing, or upon review of the record as a whole, if the Fair Housing Office finds that the respondent has engaged in an unlawful discriminatory practice, the Office may issue an order, including but not limited to imposing civil penalties as set forth in § 187-10 of this chapter and ordering such other relief as the Fair Housing Office deems appropriate and consistent with this chapter. G. Nothing contained in this chapter shall be construed so as to limit or prohibit investigation by any other governmental unit of competent jurisdiction, nor shall anything contained herein limit any aggrieved party from pursuing any remedy available therefrom. In the event of such a situation, the Office is hereby empowered to place any and all of its material obtained through the investigation at the disposal of such other governmental unit. H. In the event that any person fails to comply with the provisions of this chapter, the Corporation Counsel shall conduct all legal proceedings instituted for the enforcement of the preceding sections of this chapter including enforcement of any penalty.