PUBLIC ADVOCATE FOR THE CITY OF NEW YORK

Letitia James
November 5, 2014

Mayor Bill de Blasio

City Hall
New York, NY 10007
Dear Mayor de Blasio:
New York City has some of the strongest anti-discrimination laws in the country.
Unfortunately, due to a moribund agency culture that results in lax enforcement the
citizens of this City do not fully benefit from these laws. The undersigned are writing to
request the immediate appointment of a new commissioner for the Commission on
Human Rights. That commissioner should share New York City Councils vision of a law
that delivers a mandate to the agency to take a proactive role in investigating and rooting
out discrimination in all its forms.
The New York City Human Rights Law is unique in its reach. It prohibits discrimination
based on citizenship status, partnership status, sexual orientation, gender, and source of
income. Admin. Code 8-101, et seq. The Law is also unique in the powers it gives the
enforcement agency. The Commission has the power to issue subpoenas, Admin. Code
8-105(5)(a), investigate complaints, initiate its own investigations, and file its own
complaints where patterns of discrimination, prejudice, intolerance, and bigotry are
found. Admin. Code 8-105(4).
In enacting recent amendments to the Law, City Council made explicit its intention that
the law be interpreted as more far-reaching than its federal or state counterparts by
stating: similarly worded provisions of federal and state civil rights laws [should be
regarded] as a floor below which the Citys Human Rights law cannot fall, rather than a
ceiling above which the local law cannot rise. Local Civil Rights Restoration Act of
2005, Local Law No. 0022-2004 (Version A) sec. 1.
For many years, the Law has not had its intended effect because of agency inaction.
According to the Commissions 2013 Annual Report, it received 4,763 inquiries. It found
probable cause that discrimination occurred in only 9% of its cases, and issued only 4
post-trial orders. See http://www.nyc.gov/html/cchr/downloads/pdf/annual13.pdf, pp. 4-6.
The agencys enforcement failures also lead to lost revenue. The Commission assessed
only $193,500 in fines, despite the fact that it has the power to issue penalties of
$125,000 for each instance of discrimination, and up to $250,000 for willful or malicious
acts. Admin. Code 8-126.
The lack of Commission-initiated complaints is especially troubling because it is well
known that much discrimination especially but not exclusively in the area of housing
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 may be invisible to those being victimized and can only be ferreted out through
undercover investigation (testing).
Lastly, the Agencys lack of enforcement has a profound impact upon those without the
resources to hire an attorney harder than others. The Commission was designed to give
anyone experiencing discriminatory conduct access to justice, without regard to their
ability to find and pay for an attorney willing and able to file a case in court. By failing to
act on the complaints it receives and aggressively pursue its own investigations, the New
York City Commission on Human Rights is hurting the most vulnerable among us.
We respectfully request that you act immediately to appoint a new commissioner with an
aggressive vision that will give the intended effect to the Citys potentially transformative
Human Rights Law.

Sincerely,

Letitia James
Public Advocate for the City of New York

Co-Signatories:

Legal Services NYC

Legal Aid Society
A Better Balance
Bronx Defenders
Urban Justice Center
New York Lawyers for the Public Interest
Gender Equality Law Center
MFY Legal Services