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New York City recently enacted a bill that adds two new additions to the lengthy list of protected classes under the New York City Human Rights Law. The law, which will go into effect on Nov. 22, 2023, makes it illegal to discriminate against an apartment buyer, renter, job applicant, independent contractor, or current employee based on the person’s perceived weight and height.
New York City joins six other cities and one state that passed similar legislation. Both New York and New Jersey have comparable pending bills.
By Todd I. Nahins, Senior Partner, Borah, Goldstein, Altschuler, Nahins and Goidel, P.C.
The last time I wrote on the state of the Housing Court was over four years ago; I was not happy with the delays in obtaining trial dates and the length of time in which the judges took to render their decisions. Now I long for those days.
Among the many amendments made to New York’s rent stabilization laws by the Housing Stability and Tenant Protection Act of 2019 (HSTPA) were new provisions making attorney’s fees mandatory for tenants represented by counsel who make successful rent overcharge claims. At the same time, there is no provision in the amended laws for an owner to recover attorney’s fees in the event that it successfully defends against an overcharge claim. As amended, Rent Stabilization Law §26-516(a)(4) and ETPA §12(a)(1)(d) each now provide that:
A tenant who flouts building rules and disregards the city’s mask mandate is likely to spark complaints from neighbors and staff members who are concerned about their health. The eviction moratorium doesn’t mean a landlord can’t take the matter to court. Consider the recent case of a Brooklyn landlord who sought injunctive relief and a temporary restraining order against a tenant based upon nuisance conduct that created health and safety risks affecting other occupants of the building.
As COVID-19 vaccines start to become available to the general public, can employers now order mandatory vaccinations of their employees? The answer is not so simple. Landlords, cooperatives, and condominiums should be aware of the Equal Employment Opportunity Commission (EEOC) guidance issued last month on this topic. Whether an employer chooses to enact a mandatory vaccination policy or merely encourages its employees to get inoculated, many complex legal and personnel issues will arise.
As we continue to cope with the COVID-19 pandemic, both our work and social lives remain on a pause. Given the rate of increase in infections, New York State extended the shelter-in-place policy for nonessential workers to April 15, 2020. Last week, I provided an update on the recent New York State sick leave laws, along with a reminder of an employee’s rights under New York City law.
The alarming rise and spread of COVID-19 will continue to impact our lives in new and troubling ways for the foreseeable future. Social distancing and a shelter-in-place policy requiring non-essential employees to work from home affects every single New Yorker. Given that we are in the middle of a pandemic with no end date, landlords, management companies, and property owners need to know or be refreshed on what rights under New York State and New York City laws their employees can exercise in terms of sick leave.
Both New York State and New York City have enacted new legislation that targets sexual harassment in the workplace. The new legislation mandates anti-sexual harassment training, along with policies that go into effect either immediately or prior to the training. On Oct. 1, 2018, New York State issued its final model policy, model complaint form, and training script.
New York employers of all sizes, including real estate property managers and owners, are grappling with a game-changing paid family leave law that has the potential to permanently alter the employment landscape. Under the New York Paid Family Leave Act, effective as of Jan. 1, 2018, employees can take up to eight weeks of paid family leave due to a “qualifying event” and receive 50 percent of their average weekly wage during that time.
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