N.Y.C. Admin. Code tit. 8, ch. 1 § 8-119
Hearing (New York City Human Rights Law)
Operative Text
a. A hearing on the complaint shall be held before an administrative law judge designated by the commission. The place of any such hearing shall be the office of the commission or such other place as may be designated by the commission. Notice of the date, time and place of such hearing shall be served upon the complainant, respondent and any necessary party. b. The case in support of the complaint shall be presented before the commission by the commission's prosecutorial bureau. The complainant may present additional testimony and cross-examine witnesses, in person or by counsel, if the complainant shall have intervened pursuant to rules established by the commission. c. The administrative law judge may, in the administrative law judge's discretion, permit any person who has a substantial interest in the complaint to intervene as a party and may require the joinder of necessary parties. d. Evidence relating to endeavors at mediation or conciliation by, between or among the commission, the complainant and the respondent shall not be admissible. e. If the respondent has failed to answer the complaint within the time period prescribed in section 8-111 of this chapter, the administrative law judge may enter a default and the hearing shall proceed to determine the evidence in support of the complaint. Upon application, the administrative law judge may, for good cause shown, open a default in answering, upon equitable terms and conditions, including the taking of an oral answer. f. Except as otherwise provided in section 8-118 of this chapter, the commission by its prosecutorial bureau, a respondent who has filed an answer or whose default in answering has been set aside for good cause shown, a necessary party, and a complainant or other person who has intervened pursuant to the rules of the commission, may appear at such hearing in person or otherwise, with or without counsel, cross-examine witnesses, present testimony and offer evidence. g. The commission shall not be bound by the strict rules of evidence prevailing in courts of the state of New York. The testimony taken at the hearing shall be under oath and shall be transcribed. (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. § 8-119, when a discrimination complaint moves to a formal hearing, the proceeding is conducted before an administrative law judge appointed by the New York City Commission on Human Rights. The commission's own prosecutorial bureau presents the case, while the complainant may offer additional testimony and cross-examine witnesses if they have formally intervened. Testimony is taken under oath and transcribed, but the commission is not bound by the strict evidentiary rules that apply in New York State courts, and any statements made during mediation or conciliation efforts are kept out of the record.
Plain English — not legal advice.
A respondent named in a complaint subject to N.Y.C. Admin. Code §§ 8-101 et seq. § 8-119 who has filed a timely answer—or whose default has been set aside for good cause—is generally entitled to appear at the hearing in person or through counsel, cross-examine witnesses, and present evidence. Property owners and managers who receive a complaint should be aware that failing to answer within the timeframe set by § 8-111 can result in a default, after which the hearing proceeds on the evidence supporting the complaint. Operators typically work with legal counsel to ensure timely responses and proper participation in the hearing process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y.C. Admin. Code §§ 8-101 et seq. § 8-119, a complainant has the right to receive notice of the hearing date, time, and location, and may present additional testimony and cross-examine witnesses by formally intervening in the proceeding. The commission's prosecutorial bureau carries the primary responsibility for presenting the case, but intervening gives complainants a more active role in the process. Tenants who believe their rights are at stake may wish to consult a tenant-rights organization or attorney to understand how intervention works and what participation in a § 8-119 hearing may involve.
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 1, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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