New York Determination Of Probable Cause.
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§ 8-116 Determination of probable cause. 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 six 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 ten days from the date of such
request the commission may cause to be posted for a period of ten 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
one thousand dollars 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.