The Commission’s Law Enforcement Bureau (LEB) enforces the NYC Human Rights Law. LEB is responsible for the intake, investigation, and prosecution of complaints alleging violations of the Law.

The number of new cases the Commission filed in 2008 was 507. In addition, the Commission successfully resolved 245 allegations of discrimination through pre-complaint intervention. Pre-complaint intervention assures a speedy resolution without the necessity of filing a complaint, avoiding costly and lengthy litigation.

An example of a pre-complaint intervention involved a disabled veteran from Bay Ridge, Brooklyn, who could not leave his apartment because his building was inaccessible to wheelchair users. The Commission intervened and negotiated a settlement with the respondents that involved moving the complainant to an accessible building across the street and providing him with a larger refurbished apartment, paying all costs associated in the move, and freezing his rent for life. The estimated settlement value was in excess of $40,000.

LEB also worked with a City museum, a hotel, and a major department store to make each of their locations accessible to individuals with disabilities. The museum built a new accessible entrance; the hotel installed new electric doors and upgraded their lift system; and the department store installed modifications in their restrooms such as grab bars, signage, new wider doors, and the lowering of handles and paper towel dispensers.

Additionally, LEB successfully intervened on behalf of a complainant whose daughter was discriminated against at a retail store because of her disability. The complainant’s daughter received a monetary settlement of $7,500 from the respondent, and a letter of apology. The retail store also agreed to provide sensitivity training to its managerial employees.

LEB also successfully intervened on behalf of a former employee of a company who had requested a medical accommodation because of her disability but was refused and subsequently terminated. In that case, the Commission obtained a monetary settlement of $7,000 for the complainant.

In addition to the 245 allegations resolved through pre-complaint intervention, the Commission resolved 551 filed cases in 2008. The Commission’s two-pronged approach - an intensive initial interview of the complainant followed by an immediate investigation of the facts alleged - provides investigators with a greater ability to gather evidence, identify witnesses, and build the strongest case. This successful approach is responsible for such a significant increase in Probable Cause Determinations and Settlements since 2002. More importantly, the Commission restructured LEB to maximize its efficiency, using staff attorneys to conduct all of its investigations, while shifting away from the use of Human Rights Specialists. This has enabled the Commission to increase its caseload and decrease the amount of time it takes to issue a determination.

During 2008, 414 of the 472 pending cases at Commission were under one year old as compared to just 14% of the total amount at the beginning of this administration. In 2008, there were no cases seven years or older as compared to 2002, when there were 1,500 cases at the Commission seven years or older. The overall reduction in cases since 2002 has given investigators the ability to focus on current cases and not be burdened with overwhelming case loads.

Orders
In 2008, the Commission took four cases to trial although no post-trial Orders were issued during the year.

Fines
In 2008, the Commission assessed and collected fines totaling $81,200.

Settlements
The Commission has the authority to obtain cash settlements for those aggrieved by violations of the Human Rights Law. In 2008, the total dollar value of settlements was $628,264 with an average cash settlement of $10,210. Non-cash settlements successfully negotiated by the Commission include rehirings, policy changes, and modifications for accessibility.

Disability Access
Many of New York’s buildings, stores, and other public accommodations are not accessible to people with disabilities. As a result of its aggressive efforts in 2008, the Commission successfully negotiated 209 modifications for individuals with disabilities; more than double the amount in 2002. Most of these modifications were accomplished through pre-complaint intervention.

The Equal Access Program assists the disabled community by identifying architectural and financial resources that are available, advocating for the disabled when dealing with landlords and/or service providers, and assisting with legal actions if intervention fails. Community Relations staff members, trained in conducting investigations at various sites requiring disability access, have coordinated their efforts with the Law Enforcement Bureau.

Modifications secured through the Commission include: installing permanent and portable ramps – both interior and exterior; bell and buzzer systems for entry to stores, offices, and apartment buildings; hand rails; grab bars; curb cuts; accessible fitting rooms and bathrooms; widening of aisles; signage, permitting guide dogs in public accommodations; moving several disabled individuals to ground floor apartments, making exit and entry to the building accessible; moving several individuals to an accessible location either permanently or while the elevator was under repair; removal of cart corrals and gates; permitting a disabled tenant to have a washing machine in the apartment; lowering the soap dispensers and door handles in a large store; widening the kitchen and bathroom doors and lowering the kitchen cabinets; and making a City museum code-compliant and accessible.

LEB STAFF
The Law Enforcement Bureau consists of 17 attorneys, 4 Human Rights Specialists, including one retired NYPD officer, and 4 support staff members.