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Last Month's OATH Decisions

Real Property


Loft not “re-regulated” by recent Loft Law amendments.

Loft tenants sought coverage under the 2010 amendments to the Loft Law.  Rejecting the argument that the amendments operated to “re-regulate” the unit, ALJ Ingrid M. Addison ruled that a former tenant’s sale of rights and fixtures to the landlord removed the tenant’s unit from rent regulation.  ALJ Addison noted that the unit is subject to all other provisions of the Loft Law, except for rent regulation.   Matter of Taylor (in PDF), OATH Index No. 2051/11 (Sept. 9, 2011).


Licensing


Master plumber improperly “covered” for work of another.

The plumbing code requires that all plumbing work be performed by or under the direct supervision of a licensed master plumber.  The person in charge of the work must be a licensed master plumber and the work must be performed by either that licensed master plumber or a direct employee.   Dep’t of Buildings v. Ward (in PDF), OATH Index No. 1746/11 (Sept. 1, 2011).

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Personnel


Correction officer used excessive and unnecessary force against inmates. 

A correction officer was charged with using unnecessary and excessive force against inmates on three different occasions.  After reviewing videotape of the incidents and hearing testimony from a number of correction officers, two supervisors and respondent, ALJ Kara J. Miller found that respondent used unnecessary and excessive force three times and submitted false or misleading reports about two of the incidents.  Dep’t of Correction v. Negron (in PDF), OATH Index No. 1844/11 (Sept. 16, 2011).

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Practice and Procedure


Tape of television show excluded from license revocation hearing. 

In a license revocation proceeding brought against a Master Plumber, petitioner offered in evidence a video depicting an episode from “The People’s Court” in which the master plumber was the defendant.  Petitioner had received a written complaint against respondent from The Plumbing Foundation, along with the video.  Dep’t of Buildings v. Ward (in PDF), OATH Index No. 1746/11 (Sept. 1, 2011).

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