N.Y.C. Admin. Code tit. 8, ch. 1 § 8-122
Injunction and temporary restraining order (New York City Human Rights Law)
Operative Text
At any time after the filing of a complaint alleging an unlawful discriminatory practice under this chapter or an act of discriminatory harassment or violence as set forth in chapter 6 of this title, if the commission has reason to believe that the respondent or other person acting in concert with respondent is doing or procuring to be done any act or acts, tending to render ineffectual relief that could be ordered by the commission after a hearing as provided by section 8-120 , a special proceeding may be commenced in accordance with article 63 of the civil practice law and rules on behalf of the commission in the supreme court for an order to show cause why the respondent and such other persons who are believed to be acting in concert with respondent should not be enjoined from doing or procuring to be done such acts. The special proceeding may be commenced in any county within the city where the alleged unlawful discriminatory practice or act of discriminatory harassment or violence was committed, or where the commission maintains its principal office for the transaction of business, or where any respondent resides or maintains an office for the transaction of business, or where any person aggrieved by the unlawful discriminatory practice or act of discriminatory harassment or violence resides, or, if the complaint alleges an unlawful discriminatory practice under paragraphs (a), (b) or (c) of subdivision 5 of section 8-107 , where the housing accommodation, land or commercial space specified in the complaint is located. The order to show cause may contain a temporary restraining order and shall be served in the manner provided therein. On the return date of the order to show cause, and after affording the commission, the person aggrieved and the respondent and any person alleged to be acting in concert with the respondent an opportunity to be heard, the court may grant appropriate injunctive relief upon such terms and conditions as the court deems proper. (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 & 8-122, once a discrimination complaint has been filed with the New York City Commission on Human Rights, the Commission has authority to seek emergency court intervention if it believes a respondent is taking steps that would undermine any eventual remedy. A special proceeding can be initiated in New York State Supreme Court to obtain an order to show cause—potentially including a temporary restraining order—to halt such conduct while the underlying complaint is still being resolved. The court, after giving all parties an opportunity to be heard, may issue injunctive relief on whatever terms it finds appropriate.
Plain English — not legal advice.
Property owners and managers named in a discrimination complaint before the New York City Commission on Human Rights should be aware that §§ 8-101 & 8-122 give the Commission a tool to seek immediate court-ordered relief if it believes actions are being taken to frustrate a future remedy. Compliant operators generally refrain from any conduct—such as disposing of property, altering records, or retaliating against complainants—that could be characterized as undermining the Commission's jurisdiction. Understanding that a temporary restraining order can be sought at any point after a complaint is filed underscores the importance of maintaining ordinary business practices and preserving all relevant documentation during a pending proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under §§ 8-101 & 8-122, tenants who have filed a discrimination complaint with the New York City Commission on Human Rights have the benefit of a protective mechanism: if a respondent appears to be acting in ways that would make any eventual remedy meaningless, the Commission can go to court to stop that conduct before the case is fully resolved. This provision means that the filing of a complaint itself can trigger protective legal action, not just a final ruling. Tenants who believe a respondent is taking steps to undermine their case may wish to notify the Commission promptly and can also consult a tenant-rights organization for information about how this emergency relief process works.
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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