Tuesday, November 12, 2019

No Certificate of Occupancy? No Rent, No Eviction Proceeding

On November 6, 2019, Governor Andrew Cuomo signed Assembly Bill 1646 into law. Assembly Bill 1646 amends the Multiple Residence Law and adds a new Section 302-a. The Multiple Residence Law applies to buildings with three or more units outside New York City.

Effective immediately, the new law prohibits the recovery of rent AND the commencement of an action for possession of a dwelling based on nonpayment of rent if the dwelling or structure occupied for human habitation does not have a certificate of occupancy or is not in compliance with the existing certificate of occupancy pursuant to Multiple Residence Law § 302.

The dwelling may be caused to be vacated for any nuisance or if it is occupied by more families or persons than permitted or is erected or occupied contrary to law. Such dwelling cannot be occupied until it or its occupancy has been made to conform to law.

Apart from a landlord being prohibited from recovering rent and possession of the premises through a nonpayment eviction proceeding, landlords should also be aware that violations may also be fined up to $500 or imprisonment up to a period of one year, or both.

What RE Brokers that were previously exempt from CE need to know about the new CE requirements

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.

They can begin taking continuing education 2 years prior to the expiration date of their current license. Keep in mind that only those submitting a renewal on or after 7/1/21 must meet the new requirements.

For example: A licensee with a current license renewal date of 9/1/19 to 8/31/21 would need to complete the education, and the courses would have to be completed in the 2 years immediately preceding the renewal (after 9/1/19 and before submitting the renewal). Any licensee who submits the renewal prior to 7/1/21 may claim the exemption one last time. 

NOW, all licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. 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)
Lieb School has you covered! We are in the process of revamping our continuing education packages to comply with the new laws! 

Monday, November 11, 2019

Real Tips HR: What happens if an employer takes away a benefit that an employee already earned?

Employment law experts Andrew Lieb and Mordy Yankovich discuss removing accrued benefits to employees in this short clip.

LLC Owner Disclosure in Condos - Avoid the Bad Advice

News media is reporting that "Condo Buyers Can Keep Purchases Secret, N.Y. Tax Officials Say in Reversal," but is that true?

For reference, see Law Alert: LLC Owners ID Must be Disclosed in Real Estate Deals where we discuss S1730 requiring disclosure of the beneficial ownership of a one-to four-family dwelling unit owned by a LLC on real estate transfer tax forms.

It is noted that the guidance referred to by the Journal cannot be located besides through the use of deduction from a careful reading of the Department of Taxation and Finance website where the term condominium was removed from its "Important Notice regarding conveyances to or from a limited liability company." That being said, real estate professionals are reminded that S1730 wasn't the only law concerning disclosure of owners of LLCs.

Instead, FinCEN had previously issued Real Estate Geographic Targeting Orders that requried such disclosure.

As a result, regardless if the Journal is correct, which remains questionable because it involves an interpretation of S1730, which is the perview of the judiciary, not the executive branch, disclosure remains required for purchases of $300,000 or more in Brooklyn, Queens, Bronx, Staten Island, or Manhattan in New York City, New York.


Legal Updates: Employers Are Required To Provide New Employees With Sexual Harassment Prevention Training on or before First Day of Work

New York State recently amended its antidiscrimination laws and clarified when new employees must be provided the Sexual Harassment Prevention Notice. The State’s updated guidance recommends that at the time of hiring (or at the beginning of their first day of work) employees must be provided the employer's sexual harassment prevention policy and the information presented at the employers sexual harassment prevention training program (in English and in the primary language of the employee).

Notice must be delivered in writing (in print or email). The notice must link to or include the policy and links to training materials. 

Under existing New York State law, employers must provide sexual harassment training and policies on an annual basis to all employees.

Read the full FAQ from NY.GOV here. 

Lieb Compliance is HR's one-stop sexual harassment solution in full compliance with NYS Labor Law §201-g and NYC Local Law 96. Offering web-based, on-demand, full-video trainings, company branded complaint forms and sexual harassment policies with digital receipts to defend prospective litigation and address Department of Labor audits. Beyond this product's simplicity in satisfying an otherwise onerous requirement, the training is electric by offering real-life case studies and practical advice delivered through the eyes of a litigator. Simply, this is the choice vendor if you want both compliance and to increase employee morale. Make training fun again. For more information visit discriminationpreventiontraining.com