The New York City Commission on Human Rights (CCHR) allowed some housing discrimination cases to sit at times for years without resolution, according to an audit released today by New York State Comptroller Thomas P. DiNapoli. The audit found CCHR lacked clear timelines and oversight to ensure cases were reviewed and investigated timely, leading to substantial delays.

"New Yorkers who experience housing discrimination need timely action and clear answers," DiNapoli said. "Our audit found that inadequate case tracking at the New York City Commission on Human Rights left too many people waiting too long. The commission must improve their policies and controls to ensure that people who may be facing housing discrimination get the attention and prompt resolution they deserve."

CCHR enforces New York City's Human Rights Law and investigates allegations of housing discrimination. Complaints may include landlords refusing tenants with housing vouchers, rejecting people with disabilities or those who rely on benefits, or denying housing because of race, gender or sexual orientation. CCHR uses Dynamics, an electronic case management system, for case tracking and monitoring.

Between July 1, 2019 and July 31, 2024, a Dynamics report showed CCHR received 51,702 discrimination inquiries. Of these, 48,443 (93.7%) were recorded as closed, 1,831 (3.5%) as active and 1,428 (2.8%) as canceled. According to CCHR, the majority of inquiries submitted during the audit scope did not fall under its jurisdiction, including cases that were not: covered under NYC's Human Rights Law; at locations within the agency's jurisdiction; within the statute of limitations. As of July 31, 2024, 474 of these inquiries were filed as formal complaints. Auditors reviewed samples of these inquiries to assess whether CCHR responded timely and tracked cases effectively.

Delays in Case Resolution

Auditors reviewed 29 inquiries with allegations of housing discrimination and found for these cases, CCHR took an average of more than two years (883 days) to reach a determination or close the complaint. The audit found CCHR lacked established policies to define and enforce prompt or reasonable time frames for processing cases. Several cases stretched beyond three years, and one remained open for more than seven years.

Slow to Initially Respond If Tracked

Under the city's Customer Service Pledge, agencies are expected to provide timely and meaningful responses to inquiries, service requests, or other applications for governmental action. CCHR adopted a 14-day timeframe for responding to an alleged housing discrimination complaint. In a sample of 46 cases, CCHR staff entered both the receipt date and first-contact date for 25. But auditors found only 12 of those had reliable information to measure timeliness. In those cases, the average first response took over a month (39 days) after receipt, and one took more than five months (165 days).

Intake Appointments Delayed

When someone makes a housing discrimination inquiry, agency staff determines if it falls under CCHR's jurisdiction. If it does, an intake appointment is scheduled where staff collects and reviews evidence and information and determines if the inquiry meets the criteria for filing a complaint to be investigated. Auditors found CCHR has no policy requiring timely responses or intake appointments. For 19 inquiries with documented intake dates, appointments occurred on average almost three months (84 days) after submission, and one took nearly nine months (266 days).

Delays in Filing Complaints

CCHR cannot investigate a housing discrimination case until it is filed as a formal complaint. Auditors reviewed 15 cases and found it took over eight months (257 days) on average for cases to be converted into complaints. In one case, it took nearly two years and eight months (994 days).

Attorney Reassignments Stalled Cases

In five sampled complaints where CCHR attorneys left or were removed mid-case, it was nearly a year on average (348 days) before CCHR reassigned the case. One case took about two years and three months (812 days) to reassign, with no evidence in the system that work was done on the case during that time.

Documentation and Oversight Issues

Auditors found that missing dates and documents in CCHR's files made it hard to follow cases from start to finish. The agency also had no set timelines, and supervisors did not always document that they had reviewed the cases.

Key Recommendations

DiNapoli's audit recommended CCHR develop policies and implement procedures to reduce delays in housing discrimination complaint processing, including:

• Set time frames for each step of intake, complaint filing and investigation processes; and monitor dates and act on any delays.
• Strengthen policies to better guide staff and develop strategies to monitor compliance.
• Track patterns in case progress to identify where delays happen and proactively address them.

Response

CCHR generally disagreed with most of the audit's recommendations but said it is working to reduce delays and has taken steps to improve case management and oversight.

Audit
New York City Commission on Human Rights Oversight of Housing Discrimination Complaints

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