Section 8-122. Injunction and temporary restraining order  


Latest version.
  • 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 six 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  of this chapter, a special
      proceeding may be commenced in accordance with  article  sixty-three  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 of New
      York 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 five of section
      8-107  of  this  chapter,  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.