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Computer Research at OATH


OATH recently installed two computer terminals that are available for use by parties and their attorneys or representative to conduct legal research. Use of the terminals is limited to 20 minutes.

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Court rules landlords must accept Section 8 vouchers


Last month, we reported that in two separate cases, OATH ALJs ruled that a property owner violated the City Human Rights Law, as amended, when it refused to accept a current tenant's Section 8 voucher in payment for monthly rent.

The same issue was presented to New York State Supreme Court Justice Emily Jane Goodman, who interpreted the law in the same way. Timovsky v. 56 Bennett LLC, Index No. 402911/2007 (Sup. Ct. N.Y. Co., Feb. 17, 2009).

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Last Month's OATH Decisions

Personnel


Use of workplace email for electioneering violated rule.

The Department of Environmental Protection established that an employee used his work e-mail improperly for union activities. The respondent, a chapter president for his union, responded to an e-mail that was of a "campaign nature."

Dep't of Environmental Protection v. Donas (in PDF), OATH Index No. 781/09 (Feb. 13, 2009).

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Licensing


Architect sanctioned for filing faulty applications.

A licensed architect was found to have submitted two professionally certified applications within a 12-month period in 2005, both of which contained errors that resulted in the revocation of the associated permits.

Dep't of Buildings v. Nagan (in PDF), OATH Index No. 614/09 (Feb. 4, 2009).

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Human Rights Law


Towing company liable for racist comments made by its employee to customer.

TA car-towing company discriminated against a motorist on the basis of her race and national origin when it delayed her service because of the hostility of one of its employees.

Comm'n on Human Rights ex rel. Okoumou v. County Recovery Corp (in PDF), OATH Index No. 445/09 (Feb. 6, 2009).

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Vehicle Retention


Claimant did not prove ownership, department can hold car.

Judge John Spooner found that the Department was entitled to retain a vehicle where the claimant, who was not driving the vehicle when it was seized, failed to provide proof that she was the registered or titled owner.

Police Dep't v. Neiss (in PDF), OATH Index No. 2094/09, mem. dec. (Feb. 9, 2009).

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