Last Month's OATH Decisions - December 2011

Personnel

Undue familiarity between correction officer and inmate calls for dismissal from service.

ALJ John B. Spooner sustained charges that a correction officer engaged in undue familiarity with an ex-inmate and made false statements about the relationship. ALJ Spooner found the officer’s testimony that the two had never met before the ex-inmate had completed his sentence lacked credibility, considering that the officer had worked in the same dormitory where the inmate was incarcerated for three months under her supervision.  Dep’t of Correction v. Tillery (in PDF), OATH Index No. 467/12 (Dec. 30, 2011).

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Real Property

ALJ recommends denial of application for certificate of no harassment. 

The owner of a single-room occupancy (“SRO”) building in Brooklyn sought a Certificate of No Harassment (“CONH”). The Department of Housing Preservation and Development alleged that SRO tenants of the building were harassed during the statutory inquiry period (the 36 months preceding respondent's application for the CONH) by the former landlord who failed to make necessary repairs and provide essential services.   Dep’t of Housing Preservation & Development v. Davron (in PDF), OATH Index No. 1533/11 (Dec. 21, 2011), adopted, Comm’r Dec. (Jan. 18, 2012).

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Human Rights

Club’s ad for “hostess” found discriminatory under City Human Rights Law.

After seeing an ad on Craig’s List for a “hostess” in a club, the Commission sent a male tester to apply for the job. The tester was rejected for the hosting position by the club’s manager and offered a job as a promoter instead. ALJ Kevin F. Casey found that the club’s behavior towards the tester was discriminatory and confirmed the discriminatory intent of the ad. The ALJ recommended a civil penalty of $7,500 and anti-discrimination training for the club’s management and hiring staff.   Comm’n on Human Rights v. Vudu Lounge (in PDF), OATH Index No. 233/12 (Dec. 16, 2011).