ALJ recommends dismissal of drug test refusal charge based on medical condition.

The Department of Sanitation charged a sanitation worker with failure to complete a federally mandated drug test.  Respondent appeared for the test and was cooperative but was unable to provide the required amount of urine in the three hours he was given.  The respondent provided notes from his urologist which explained that he had urological conditions which could have prevented him from urinating.   Dep’t of Sanitation v. E.L. (in PDF), OATH Index No. 2107/11 (Nov. 30, 2011).

Loft units removed from rent regulation by prior sales of rights. 

Tenants who occupied lofts during new window period sought declaration from the Loft Board that they are entitled to protected status under the Loft Law, including the right to rent regulation. Owner contended that units had been removed from rent regulation by virtue of prior sales of rights and fixtures by predecessor tenants. ALJ Ingrid M. Addison found that the legislature did not intend to re-regulate previously deregulated properties when it amended the law, and that the sales were binding on subsequent tenants.  Matter of Grundon (in PDF), OATH Index Nos. 2445/11 & 2446/11 (Nov. 16, 2011).

Food cart permit should not be renewed based upon false statements in application.

In a revocation proceeding, a food cart owner was charged with falsely stating in her renewal applications that only she or her son would vend from her cart and with failing to supervise other vendors who operated her cart. ALJ Alessandra F. Zorgniotti found that respondent misrepresented who would be operating her cart. She also found that respondent was an absentee permit holder who had failed to supervise the operation of her cart, and allowed it to be operated by others in a manner that presented a risk of food-borne illness to the public.  Dep’t of Health & Mental Hygiene v. Khatoon (in PDF), OATH Index No. 2489/11 (Nov. 18, 2011), adopted, Comm’r Dec. (Nov. 29, 2011).

Landlord did not violate Human Rights Law (HRL) where proposed ramp was not structurally feasible.

The Commission on Human Rights alleged that the owner of an apartment building violated the New York City Human Rights Law by failing to reasonably accommodate a disabled tenant when it denied her request to install a wheelchair access ramp. The parties agreed that due to structural constraints the stairway outside the front door to the apartment could not reasonably be modified for wheelchair accessibility.  Comm’n on Human Rights ex rel. Politis v. Marine Terrace Assocs. (in PDF), OATH Index Nos. 1673/11 & 1674/11 (Nov. 25, 2011).

Application for sanctions for non-production of e-mails denied. 

A landlord sought sanction against the Commission on Human Rights for the destruction of evidence by an architect used by the Commission as an expert witness, and the architectural firm that employed him. In the course of discovery the firm stated that it was unable to produce certain email transmissions that had been deleted by the architect, along with other working files, when he left their employ.   Comm’n on Human Rights ex rel. Politis v. Marine Terrace Assocs. (in PDF), OATH Index Nos. 1673/11 & 1674/11, mem. dec. (Nov. 25, 2011).