Maintenance Worker Solicited Money from Tenant for Repair Work

April 30, 1999

LVT Number: 13169

After conducting an administrative hearing, landlord NYCHA fired a maintenance worker for soliciting money from tenant for repair work. The worker appealed, claiming the decision was unfair. The court ruled for the worker. Although he unquestionably committed the offense, he had a record of only two prior minor infractions and had worked for the NYCHA for 17 years. Under the circumstances, firing was too extreme a penalty. The case was sent back to the NYCHA to impose a more appropriate reprimand.

After conducting an administrative hearing, landlord NYCHA fired a maintenance worker for soliciting money from tenant for repair work. The worker appealed, claiming the decision was unfair. The court ruled for the worker. Although he unquestionably committed the offense, he had a record of only two prior minor infractions and had worked for the NYCHA for 17 years. Under the circumstances, firing was too extreme a penalty. The case was sent back to the NYCHA to impose a more appropriate reprimand.

Zirino v. Diamond: NYLJ, p. 28, col. 2 (4/1/99) (App. Div. 1 Dept.; Nardelli, JP, Lerner, Mazzarelli, Saxe, JJ)

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