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Last Month's OATH Decisions

Human Rights Law


New liberal standard for sex harassment claims applied.

In 2005, the City Council passed the Local Civil Rights Restoration Act, which provides that the City Human Rights law shall be liberally construed "regardless of whether federal or New York State civil and human rights laws ? have been so construed".

Comm'n on Human Rights ex rel. Zoleo v. Weinstein Family Services of NY, OATH Index No. 623/09 (Mar. 25, 2009).

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Licensing


Architect's motion to dismiss charges granted in part.

ALJ Joan Salzman granted in part and denied in part an architect's motion to dismiss charges by the Department of Buildings that sought to exclude him from exercising limited supervisory check privileges under 1 RCNY section 21-02, and to bar him from filing any documents with the Department under Administrative Code section 28-211.1.2.

Dep't of Buildings v. Scarano, OATH Index No. 2571/08, mem. dec. (Mar. 18, 2009).

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Real Property


Abandonment of loft found.

The Loft Board remanded an abandonment proceeding back to OATH for a further finding of whether a tenant had voluntarily vacated a unit before the execution of a warrant by a marshall.

Matter of Mandara, OATH Index No. 1635/09 (Mar. 3, 2009).

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Vehicle Retention


PD not entitled to retain van.

ALJ Spooner ordered the release of a van used by its owner to sell counterfeit merchandise. While the Department established the first two prongs of the Krimstock Order, that probable cause existed for the arrest and the vehicle was used as an instrumentality of a crime, it failed to establish that releasing the vehicle would pose a heightened risk to public safety.

Police Dep't v. Jaber, OATH Index No. 2415/09, mem. dec. (Mar. 10, 2009).

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