Page 12 - CooperatorNews New York December 2021

Providing Practical Legal Advice and Representation to Cooperative and Condominium Associations for More Than Forty Years • General Counsel • Residential and Commercial Real Estate and Leasing • Real Estate and Commercial Litigation • Mortgage Financing • Commercial, Corporate and Business Law • Comme • Mitchell-Lama Housing • Transfer Agent Services • Construction Law and Gas Conversions Jack Lepper: jlepper@kll-law.com Ronald Gold: rgold@kll-law.com Adam Finkelstein: afinkelstein@kll-law.com Fran Lawless: flawless@kll-law.com Fran L We handle all sprinkler system inspections and violations. • Sprinkler System Design and Installation • Maintenance, repair and service • Flow and Pressure tests • Violation Removals • Monthly Inspections • Stand Pipes and Fire Pumps Big Apple Fire Sprinkler Co. Inc. 64-20 Laurel Hill Blvd. Woodside NY 11377 • 718-205-8580 • Fax 718-205-4590 Email: alevitt@bigapplesprinkler.com = Big Apple Fire Sprinkler_Oct2011.qxp:Layout 1 9/20/11 2:07 PM Page 1 12 COOPERATORNEWS — DECEMBER 2021 COOPERATORNEWS.COM heavily on that.” Vetting can be tricky, explains Woll- man, because the stakes are high. “A su- per makes or breaks the management of Schwartz Sladkus Reich Greenberg Atlas. the building,” he says. “If they’re inef- fective, I’ll lose my management job. So nation laws meant to protect workers I check these things out very deeply. If I from unlawful discrimination in em- get a resume and the candidate says he’s ployment are the New York State Human working at a specific building, and he isn’t Rights Law, which prohibits discrimi- really working there, I will find out and nation on the basis of age, race, creed, it’s unlikely I’ll hire him. I also won’t hire color, national origin, sexual orientation, someone who has been fired. Personal military status, sex, marital status, or dis- references are important too. I must find ability; the New York City Human Rights someone who knows the candidate.” Wollman also says it’s crucial to keep of the City of New York), which prohibits in mind that specific buildings may re- quire very specific skills. “Not every ap- plicant can run a modern building with and the Americans with Disabilities Act modern infrastructure,” he says. “If a guy (ADA), which protects those with legal has been the super in a pre-war for 25 disabilities.” years, he may not know how to use the most modern systems.” Wolf agrees. “You must define the role cus Errico Emmer & Brooks, concurs. and the job description,” he says. “Person “Condominium associations must make X may not be for property Y. For mainte- nance people, I vet on skills and capabili- ties. What are the true needs of the prop- erty? Those are the skills you are looking must consider all laws and regulations, for.” Accurate job descriptions are very criminatory measures covering age, race, helpful, Wollman agrees. “Sometimes I and other protected groups. In Massa- need a supervisor rather than a fix-it guy, chusetts, state law tracks federal law. I do so I look for that experience. Becoming a think that sometimes, in an attempt to be super or changing from one property to pleasant and to make an interviewee less another should always be a levelling-up intimidated, \[boards\] innocently wander for the candidate, not a lateral move.” “In terms of vetting,” says Halper, “we dren just to make small talk. Be wary of go through a process within our manage- ment company, and then an interview thin ice. Those topics may come out dur- with a board. Strong communication ing the course of the interview, but if you skills are very important, especially de- pending on the building. References are family, for example, it could get you into key. We look to existing supers to recom- mend someone, because they know what we are looking for. It’s a difficult position staff is working during a pandemic or to fill. With porters it’s much easier be- cause the required skill set isn’t as great. hiring and retaining the right personnel It’s all work ethic.” And like Wollman, is a crucial component of a building or as- Halper’s view is that “as a manager, the sociation that functions and thrives. The stronger your super, the better your re- lationship with the board and residents.” Legal Considerations Another component of vetting is a treating veteran and new staff members background check. The type and depth alike with respect and compensation that of background checks legally permitted reflects the scope of what they do. Good to be run on potential hires varies from communities attract good employees— place to place. According to Wollman, and that pays rewards for everybody. New York State law no longer permits them—which makes personal recom- mendations even more critical when hiring building employees. Halper does credit checks on all potential employees, and in Massachusetts, Wolf says he does criminal background checks on everyone, but not credit checks. Another major consideration in hir- ing is staying on the right side of both the letter and the spirit of antidiscrimination laws. “In New York City and all of New York State, no employer can discriminate in the hiring or firing of building staff— and that includes condominium and co- operative boards,” says Mark Hakim, an attorney with Manhattan-based law firm “In New York, the primary antidiscrimi- Law (Title 8 of the Administrative Code discrimination in employment, housing, and public accommodations in the city; Ellen Shapiro, an attorney with Brain- tree, Massachusetts-based law firm Mar- the same consideration as in any other employer,” she says. “The standard is neither lesser nor greater for them. They including the ADA, and other non-dis- into topics like marital status and chil- that—being pleasant can waltz you onto ask an interviewee if they’re planning a trouble later on.” Whether a residential community’s what we now think of as ‘normal times,’ last 20-plus months have demonstrated the importance not only of identifying the right people for a given role, but of n A J Sidransky is a staff writer/reporter for CooperatorNews, and a published novelist. He can be reached at alan@yrinc.com. HIRING STAFF continued from page 11