LIEB BLOG

How current events impact business & real estate

Friday, October 15, 2021

Podcast | Divorce Visitation for Unvaccinated Parents + How Raiders Coach Resignation will Spur Discrimination Lawsuits

 



This episode dives into the resignation of Jon Gruden (Raiders Coach) and how his email reveal will spur discrimination lawsuits + how online sports gambling should turn into online lawsuit gambling to follow suit. Speaking of gambling, we discuss whether divorce child visitation should be impacted by COVID vaccination status and to get the answers from the source, we bring on our special guest Divorce Attorney Evan Schein, who just litigated this issue in Supreme Court. To learn the spread before you put down your coin, tune into the Lieb Cast.

NY Real Estate Broker and Real Estate Salesperson License Renewal FAQ

Who regulates my New York State Real Estate License?

Your license is regulated by the Department of State, New York (DOS) and NOT by any real estate school or trade organization.


Where can I take Continuing Education classes?


What are the Continuing Education requirements for real estate agents in NY?

All licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. NY Real Estate Brokers and Salespersons that were previously exempt from Continuing Education will no longer be exempt and will need to have completed the full CE requirements, including the new subjects prior to submitting a renewal on or after 7/1/2021. The 22.5 hours must include:

  • 3 hours on fair housing &/or discrimination
  • 2.5 hours on ethical business practices
  • 1 hour on recent legal matters governing the practice of real estate brokers and salespersons in New York, which may include statutes, laws, regulations, rules, codes, Department of State Opinions and Decisions, and Court Decisions
  • 1 hour on the law of agency (2 hours in the initial 2-year cycle)

Are there any exemptions for Continuing Education requirements for real estate agents in New York?

NY Real Estate Brokers and Salespersons that were previously exempt from Continuing Education will no longer be exempt and will need to have completed the full CE requirements, including the new subjects prior to submitting a renewal on or after 7/1/2021.

Does Lieb School report my completed credits to the Department of State (DOS)? Am I responsible for sending my course certificates to the DOS?

Credits received from Lieb School count towards the 22.5 required from the DOS for license renewal. Certificates provided at each class serve as proof of credit hours (think of them as a receipt). After each class, Lieb School submits to the Department of State, Bureau of Educational Standards, all licensee information for successful completion of each course. Upon license renewal, the DOS will require the original signed certificates if you are selected for an audit. Make sure that you keep your certificates in a safe place. In the event of an audit, the DOS will cross reference the certificates with the student completion records received by each school. You are responsible for completing all 22.5 credits by your license renewal deadline date.


How do I renew my New York State Real Estate License?

License renewals must be completed online through the Department of State eACCESSny website. Please note that the renewal process requires licensees to validate education completion by answering “Yes” to the Continuing Education question that confirms all CE requirements have been satisfied. If you mistakenly answer “No”, the DOS will not renew your license until they see all original course completion certificates. You also have to hold onto the original course completion certificates in the event of a license audit by the DOS.


I am a former NYS Real Estate Licensed Salesperson. My license Expired. Can I renew it with just taking CE classes?

A licensee (salesperson or broker) can renew their license anytime within two years of the expiration date. Of course they cannot use the license once it is expired, but they do have two years to renew it before any penalties are imposed.

If the license is expired and has not been expired for over two years, they can renew the license online as long as there is a broker of record in place and they have completed the required continuing education. If they were terminated/cancelled by their previous broker, a broker must pick them up using the brokers eAccess account before they can submit an online renewal.

If the license has been expired for over two years, the record becomes null and void. At this point the licensee must retake and pass the NY licensing examination and can then reapply for a license. No continuing education is required to reapply as they are starting over. No qualifying education is required as long as they have a record in the Department of State system or can prove that they were previously issued a license.



Thursday, October 14, 2021

No More Confidential Settlements in Discrimination Cases Brought Before the New York State Division of Human Rights

Starting on October 12, 2021, discrimination cases before the New York State Division of Human Rights (DHR) are no longer permitted to conclude with a private settlement. 


Instead, if settlement is achieved, DHR is now requiring "complainant’s attorney [] to state in writing why they are seeking a discontinuance and, if the reason is private settlement, the discontinuance will not be granted." Rather, "the matter [will be resolved] through an Order after stipulation that indicates the terms of the settlement or to proceed through the agency’s public hearing process." 


The purpose of this new rule, according to DHR, is "to ensure that the terms of any settlement comply with our basic standards and do not violate public policy."


Further, given that three-quarters of discrimination cases result in settlement, DHR will be able to collect better data of what is happening in resolving these disputes by monitoring settlements. Hopefully, DHR will actively compile this data and inform the public of their findings so that litigants can make smart, informed decisions, when settling cases into the future. 




Real Estate Transfer Taxes Going Up 0.5% on the East End?

On October 8, 2021, Governor Hochul signed S6492 into law and now the five eastern towns (East Hampton, Riverhead, Shelter Island, Southampton and Southold) are authorized to establish community housing funds to be funded by a supplemental real estate transfer tax.


Before any additional taxes are going to be levied, each town's board will need to enact a local law to that effect. 


Do you think that taxes should be raised on real estate sales to create affordable housing?


Before you answer that question, do you agree that the East End is unaffordable for much of its labor force?


The public purpose of this bill is "to establish a dedicated fund to provide needed housing opportunities" for "moderate income and working class local residents."


So, do you think your town should enact a local law, raise transfer taxes, and increase its supply of affordable housing? 






Attorney Andrew Lieb Clarifies Vaccine Mandate Accommodation Rights on Pix11


Attorney Andrew Lieb was interviewed on PIX 11 New York clarifying the preliminary injunction requiring NYS to provide healthcare workers with a religious accommodation mechanism to the vaccine mandate. 

Wednesday, October 13, 2021

Attorney Andrew Lieb Joins BNC to Discuss Police Officer Dragging Paralyzed Man Out of Car

Attorney Andrew Lieb was featured as a guest on Black News Channel discussing the video showing a police officer dragging a paralyzed man out of his car.


Attorney Andrew Lieb Clarifies Accommodation Rights on Vaccine Exemptions on CBS NY

A federal judge has temporarily allowed health care workers in New York to skip mandatory #COVID19 vaccines if they apply for religious exemptions. He granted a preliminary injunction on Tuesday morning. Attorney Andrew Lieb shares his expertise on accommodation rights as opposed to blanket exemptions. 




Tuesday, October 12, 2021

Fake News Alert - TX & Abbott with Employer Anti-Vaccine Mandate

Everywhere you look, the media is saying TX isn't permitting employer vaccine mandates, but that is NOT what is happening. To be clear, vaccine mandates are still permissible in TX. 


You can read Governor Abbott's Executive Order GA-40 here


As you can clearly see, all the Order prohibits are vaccine mandates that do not provide a mechanism for those who object to the "vaccination for any reason of personal conscience, based on religious belief, or for medical reasons, including prior recovery from COVID-19." 


This is almost entirely consistent with existing law and how, just about, every court case is shaking out with respect to vaccine mandates, with a few minor wrinkles that can't be ignored. The two wrinkles in the Order are:

  1. Not utilizing the term "sincerely held" prior to "religious beliefs," which thereby seems to expand the standard in protecting religion, which doesn't appear legally problematic; and, 
  2. Misstating the disability / handicap prong. 
    • Under existing disability / handicap law, an accommodation is never available just because the existence of a disability / handicap renders the policy (i.e., vaccination) unnecessary, which appears to be the intention of the wording where it states, "including prior recovery from COVID-19." 
    • Instead, under existing law, an accommodation is only available where a disability or handicap requires an accommodation for equality to exist. Stated otherwise, one needs a qualifying disability to receive an accommodation in the first instance, without it, there is nothing to accommodate. 
    • To be clear, under existing law, having had recovered from COVID-19 is NOT a disability that is recognized. We wonder how this aspect of the Order will shake out and more so, how the Supremacy Clause will shake out if / when the Federal Government responds.  


Do you see the distinction? Does the distinction matter?




Friday, October 08, 2021

Lieb at Law, P.C. Seeks Associate Attorney To Join Employment / Real Estate Litigation Team

Lieb at Law, P.C., is seeking a complex litigation attorney to support the firm's widely expanding litigation practice. This role will work across plaintiff and defense litigation. Minimum of 1 year experience required. This position will work in the fields of employment, discrimination, commercial, and real estate litigation.


Desired qualifications:

  • Drafting and analyzing pleadings, discovery, and motions;
  • Resourcefulness in legal research;
  • Must excel in a paperless office;
  • Ability to leverage substance rather than emotion.

The firm’s practice areas include:

  • Litigation: Employment Litigation, Discrimination Litigation, Commercial Litigation, Real Estate Litigation, Real Estate Brokerage Litigation, Title Litigation, Plaintiff Personal Injury, Landlord/Tenant, Estate Litigation and more.
  • Employment Litigation, Compliance and Trainings: Discrimination, Harassment, Retaliation, Wage and Hour, Restrictive Covenants, Family Medical Leave Act, Alternative Dispute Resolution, Appeals; Employee Handbooks and Policies, Sexual Harassment and Discrimination Training, Wage and Hour Audits & more.
  • Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings.
  • Transactions:Commercial and Residential Real Estate Purchase and Lease Transactions, Business Transactions and Negotiations.

Qualifications:

Excellent critical thinking, writing, organization and research (Westlaw) skills. Must be technologically savvy.


10 reasons to work at Lieb at Law:

1. Growth – we are expanding and have tremendous opportunities for you to grow your career

2. Prestige – our attorneys are quoted in newspapers and interviewed on TV / radio; we provide opportunities to teach continuing education to brokers and attorneys

3. Fun – we have a ping-pong table, a BBQ committee, and staff that truly like each other

4. DEI – we don’t just have it internally, but focus our practice on employment and housing discrimination trainings and litigation so that we can help other business bring equity and inclusion into their realms as well

5. Technology – we leverage cloud-based / cutting-edge case management, task management, document generation, and more

6. Media – we have a PR team on retainer, host a weekly podcast, have our own studio, and we want you to be a part of that too

7. Business Differentiator – we own and operate a NYS licensed real estate school with over 10,000 students and countless courses on all fields of real estate law

8. Support – we own a licensed school so clearly, we know how to teach you; not only can we teach you, but we make learning easy because we operate with open doors in a collaborative environment and your success is our goal

9. Life Balance – work hours and billing requirements are reasonable and flexible so that you can have a life outside of the office

10. Respect – you are important, and we will treat you as an equal, not a subordinate


About Lieb at Law, P.C.:

Lieb at Law, P.C. offers legal services with a focus on litigation, discrimination, employment, and real estate. Additional practice areas include real estate brokerage, title disputes, contractual / commercial litigation, landlord / tenant, estate litigation, mortgage foreclosure, surrogate’s court litigation, plaintiff's personal injury / premises liability, land use / zoning, business and real estate transactions. Attorneys at Lieb at Law, P.C. are admitted to practice law in New York, New Jersey, Connecticut, and Colorado while also practicing in the Federal Courts.

The firm is a substance-first law firm where self-confidence, grit, and skill is celebrated and rewarded.

Staff have access to a cloud-based legal research platform so that the latest cases are available everywhere, including at home and in the courtroom. We have a secure, cloud-based case management system that catalogs every thought and action on each matter so that case facts are readily accessible at the stroke of a computer key. Finally, enterprise file sharing, storage, and collaboration software is leveraged to enable the efficient collaboration between attorneys where case strategy and document preparation is fresh and innovative.

We are media legal analysts who appear on TV / radio nationwide. We teach the law that we practice, in continuing education and corporate trainings, so we force ourselves to always stay on the cutting edge of new statutes, regulations, and cases. Lieb at Law is a modern law firm that is at the vanguard of the profession.

Common surfaces are cleaned frequently, masks required for anyone in the office that is unvaccinated. All staff is vaccinated.



TO APPLY EMAIL COVER LETTER AND RESUME TO CAREERS@LIEBATLAW.COM






PODCAST: NBA Indictments, College Athlete Unionizations, Fantasy Sports Legality and More...