BenchNOTES - February 2014

Last Month's OATH Decisions

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Licensing

Mobile food vendor license revocation recommended.

The Department of Health and Mental Hygiene (DHMH) sought to revoke a mobile food vendor’s license, alleging that he fraudulently obtained his license and had amassed numerous adjudicated violations and failed to pay the accumulated fines. ALJ Raymond E. Kramer found that DHMH did not prove respondent submitted a false application but, respondent was found guilty of 70 violations within a two-year period and that he failed to pay $47,980 in fines.    Dep’t of Health & Mental Hygiene v. Elshamy, OATH Index No. 1371/14 (Feb. 24, 2014), adopted, Comm’r Dec. (Mar. 7, 2014).

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Personnel

Officer falsified benefits application.

A correction officer was charged with tendering fraudulent documents to obtain subsidized housing benefits, establishing residency in another state for purposes of engaging in unauthorized outside employment, and engaging in unauthorized outside employment. ALJ Astrid B. Gloade found that the officer underreported her income to obtain Section 8 housing benefits and that she had an unauthorized job while on a leave of absence from the Department.   Dep’t of Correction v. Colon, OATH Index No. 229/14 (Feb. 24, 2014).

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Human Rights

ALJ recommends dismissal of discrimination charge.

The City Commission on Human Rights charged respondents, father-and-son owners of a building, with violating the City Human Rights Law, by refusing to show a vacant apartment to the complainant, when they learned that the complainant was an expectant father. When the complainant went to view the apartment, respondents were not present. Comm’n on Human Rights v. Shahbain, OATH Index No. 2439/13 (Feb. 3, 2014).

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Real Property

Tenants entitled to Loft Law protection.

Tenants of a building in Brooklyn sought a finding that they are protected occupants under the Loft Law. The owner argued that various rooms in the building were rented under a “guest house” arrangement that created single room occupancies not protected by the Loft Law.    Matter of Kuonen, OATH Index No. 685/13 (Feb. 27, 2014).

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