N.Y.C. Admin. Code tit. 8, ch. 1 § 8-116
Determination of probable cause (New York City Human Rights Law)
Operative Text
a. Except in connection with commission-initiated complaints which shall not require a determination of probable cause, where the commission determines that probable cause exists to believe that the respondent has engaged or is engaging in an unlawful discriminatory practice or an act of discriminatory harassment or violence as set forth in chapter 6 of this title, the commission shall issue a written notice to complainant and respondent so stating. A determination of probable cause is not a final order of the commission and shall not be administratively or judicially reviewable. b. If there is a determination of probable cause pursuant to subdivision a of this section in relation to a complaint alleging discrimination in housing accommodations, land or commercial space or an interest therein, or if a commission-initiated complaint relating to discrimination in housing accommodations, land or commercial space or an interest therein has been filed, and the property owner or the owner's duly authorized agent will not agree voluntarily to withhold from the market the subject housing accommodations, land or commercial space or an interest therein for a period of 10 days from the date of such request the commission may cause to be posted for a period of 10 days from the date of such request, in a conspicuous place on the land or on the door of such housing accommodations or commercial space, a notice stating that such accommodations, land or commercial space are the subject of a complaint before the commission and that prospective transferees will take such accommodations, land or commercial space at their peril. Any destruction, defacement, alteration or removal of such notice by the owner or the owner's agents or employees shall be a misdemeanor punishable on conviction thereof by a fine of not more than $1,000 or by imprisonment for not more than one year or both. c. If a determination is made pursuant to subdivision a of this section that probable cause exists, or if a commission-initiated complaint has been filed, the commission shall refer the complaint to an administrative law judge and shall serve a notice upon the complainant, respondent and any necessary party that the complaint has been so referred. (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 et seq. § 8-116, when the New York City Commission on Human Rights finds sufficient grounds to believe that unlawful housing discrimination may have occurred, it issues a written probable-cause notice to both the complainant and the respondent. This finding is not a final decision and cannot be appealed administratively or in court. If the property owner refuses to voluntarily hold the unit off the market for ten days, the Commission may post a public notice on the property warning prospective buyers or renters that the property is the subject of a discrimination complaint.
Plain English — not legal advice.
Property owners and managers subject to a probable-cause determination under N.Y.C. Admin. Code §§ 8-101 et seq. § 8-116 are typically asked to voluntarily withhold the housing accommodation from the market for ten days while the Commission processes the complaint. Operators who decline that voluntary request may find a Commission-posted notice placed on the property door or land, alerting the public to the pending complaint. Critically, destroying, defacing, altering, or removing that posted notice is a misdemeanor carrying a fine of up to $1,000, up to one year of imprisonment, or both — so compliant operators leave any such notice undisturbed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you have filed a housing-discrimination complaint with the New York City Commission on Human Rights, N.Y.C. Admin. Code §§ 8-101 et seq. § 8-116 describes what happens once the Commission finds probable cause: you receive a written notice of that finding, and the complaint is referred to an administrative law judge for a hearing. The probable-cause stage is not a final ruling, but it does trigger additional Commission powers — including the ability to post a public warning on the property if the owner refuses to hold it off the market. Tenants and complainants who want to understand their options at this stage may find it helpful to consult a tenant-rights organization or legal aid provider familiar with the Commission's complaint process.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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