N.Y.C. Admin. Code tit. 8, ch. 1 § 8-112
Withdrawal of complaints (New York City Human Rights Law)
Operative Text
a. A complaint filed pursuant to section 8-109 of this chapter may be withdrawn by the complainant in accordance with rules of the commission at any time prior to the service of a notice that the complaint has been referred to an administrative law judge. Such a withdrawal shall be in writing and signed by the complainant. b. A complaint may be withdrawn after the service of such notice at the discretion of the commission. c. Unless such complaint is withdrawn pursuant to a conciliation agreement, the withdrawal of a complaint shall be without prejudice: 1. To the continued prosecution of the complaint by the commission in accordance with rules of the commission; 2. To the initiation of a complaint by the commission based in whole or in part upon the same facts; or 3. To the commencement of a civil action by the corporation counsel based upon the same facts pursuant to chapter 4 of this title. (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 .
Under N.Y.C. Admin. Code §§ 8-101 & 8-112, a person who files a housing discrimination complaint has the right to withdraw it, but the rules differ depending on how far the case has progressed. Before the case is referred to an administrative law judge, the complainant may withdraw by submitting a signed, written request. After that referral, withdrawal requires the commission's approval—and unless the withdrawal is part of a formal conciliation agreement, the commission retains the authority to continue pursuing the matter on its own, file a new complaint based on the same facts, or refer the case to the corporation counsel for civil action.
Plain English — not legal advice.
Property owners and managers subject to a complaint filed under §§ 8-101 & 8-112 should be aware that a complainant's decision to withdraw does not automatically end the commission's involvement. The New York City Commission on Human Rights may independently continue prosecuting the underlying conduct, initiate its own complaint, or coordinate with the corporation counsel for civil action—all based on the same set of facts. Operators who maintain thorough records of their policies and practices are generally better positioned to respond if a matter continues after a complainant withdraws.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under §§ 8-101 & 8-112, tenants who have filed a discrimination complaint retain the right to withdraw it, but should understand that doing so does not necessarily close the case. If the withdrawal is not part of a conciliation agreement, the commission may continue pursuing the matter independently, which can be relevant when a tenant's circumstances change after filing. Tenants considering withdrawal can consult a tenant-rights organization or legal aid provider to understand how the commission's rules apply to their situation before making that decision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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