Page 10 - The NY Cooperator August 2020

10 THE COOPERATOR — AUGUST 2020 COOPERATOR.COM ATTORNEYS Abrams Garfi nkel Margolis Bergson, LLP 1430 Broadway, 17th Floor, New York, NY 10018 212-201-1170 • www.agmblaw.com Barry G. Margolis, Esq. • Robert J. Bergson, Esq. Belkin Burden Wenig & Goldman, LLP Specializing in all aspects of Cooperative and Condominium Law including Landlord/tenant proceedings. Copy of Monthly Newsletter available upon request. (212) 867-4466 contact: Aaron Shmulewitz/Daniel Altman ashmulewitz@bbwg.com/daltman@bbwg.com www.bbwg.com A full service real estate law firm serving the cooperative and condominium community Eric M. Goidel, Esq. egoidel@borahgoldstein.com (212)431-1300, Ext.438 Manhattan: 377 Broadway l New York, NY 10036│(212) 431-1300 Queens: 108-18 Queens Blvd│Forest Hills, NY 11375│(718) 263-6611 www.borahgoldstein.com ACCOUNTANTS ARCHITECTS architecture interior design engineering project management forensic investigations 307 7th Avenue, Suite 1001, New York, NY 10001 Tel. 212.645.3775 Fax. 212.645.4099 Form Space Image ARCHITECTURE PC Helping your Board with legal issues Answering Questions - Solving Problems Cooperative and Condominium Law Residential - Commercial Real Estate One North Broadway-Suite 800 White Plains, NY 10601 email: law@himmelfarb-sher.com website: www.himmelfarb-sher.com Contact: Ronald A. Sher, Esq., Norman D. Himmelfarb, Esq. Tel: (914) 682-0040 Direct Dial: (914) 461-0220 Cesarano & Khan, PC Certified Public Accountants PROVIDING PROFESSIONAL SERVICES TO THE COOPERATIVE AND CONDOMINIUM COMMUNITY Reporting on Financial Statements • Tax Services Budgeting & Consulting • Election Tabulation Services For additional information, contact Carl M. Cesarano, CPA 199 JERICHO TURNPIKE, SUITE 400 • FLORAL PARK, NY 11001 (516) 437-8200 and 718-478-7400 • info@ck-cpas.com cesarano &khan1_8 use this_:cesarano &khan 4 7/22/15 4:59 PM Page 1 to the recipient. Some people are very used ganda and images that included references to positive expressive language, but the real- ity is that others see it as overly familiar and ments. According to reporting by the inappropriate, getting close to stepping over boundaries. It becomes a starting point for their immigration status, national origin, more problematic language or behavior.” One somewhat high-profi le case of un- equivocally problematic language and be- havior involved a Queens condo whose lano was forced to resign and remove all of house rules included a provision requiring the off ensive posters, replacing them with owners to prove their immigration status— in clear violation of New York City’s Hu- man Rights Law. Th e situation came into public focus in 2018, when the building’s manager, Neal Milano, took it upon himself to plaster the building’s lobby with propa- to Nazi Germany and other fascists govern- Daily News , he also harassed residents based on and race. Aft er a complaint was brought to the city’s Commission of Human Rights, Mi- notifi cations of the city’s fair housing poli- cies and basic owners’ rights. Two board members of the condo also implicated in the discriminatory behavior were forced to resign from their board positions as well. Th e condo association was required to amend its house rules, removing the discriminatory provision to comply with the city’s Human Rights Law. Sapna V. Raj of the law enforcement arm for the Com- mission of Human Rights at the time was quoted as saying, “We hope this settlement sends a strong message to housing provid- ers citywide that New York City does not tolerate discrimination or harassment, and that we will not hesitate to take immediate action when we learn of violations.” You Can’t Spell ‘Harassment’ Without ‘Ass’ According to the attorneys interviewed for this article, and as evidenced by the cases cited, what carries someone’s unwel- come behavior up to the level of harass- ment can be summarized as language, con- text, and intent. An annoying neighbor who constantly plays loud music or insults your front yard plantings or asks for outlandish favors might not be harassing you—he just might be an inconsiderate ass. But if the music persists aft er repeated—and docu- mented—requests to cease and desist; or if the horticultural slights contain vulgarities or hostility; or if the solicited favors cross over into ‘too familiar’ territory, you would be well advised to escalate the situation to your property manager, the board of direc- tors, and the local law enforcement author- ities—and possibly all three, depending on the degree and persistence of the problem. On a fi nal note, New York State’s Hu- man Rights Law was amended within the last year to be in accordance with rights aff orded to New York City residents un- der its Human Rights Law. Th e legislation strengthens the state’s antidiscrimination laws by eliminating the restriction that ha- rassment be “severe or pervasive” in order to be legally actionable. It also mandates that all non-disclosure agreements allow employees to fi le a complaint of harass- ment or discrimination. Th e fi nal provi- sion of the new law—extending the statute of limitations for fi ling employment sexual harassment claims from one year to three years—goes into eff ect this month, on Au- gust 12, 2020. If you are a resident of New York State and believe you have been the victim of harassment or harassing behavior, fi le a complaint with the Division of Human Rights at www.dhr.ny.gov/complaint or call 888-392-3644. Please also see https:// dhr.ny.gov/sites/default/fi les/pdf/postings/ DHR-Changes-in-Process.pdf for tempo- rary changes to the New York State Divi- sion of Human Rights complaint process in response to the COVID-19 pandemic. n Darcey Gerstein is Associate Editor of Th e Cooperator. HANDLING... continued from page 9 SERVICE DIRECTORY