Friday, October 19, 2018

NY Employees Must Receive Sexual Harassment Prevention Training

State requires businesses to give annual training sessions to safeguard their workplace.

ALERT: New section 201-g of the New York State Labor Law provides that “sexual harassment prevention training shall be provided to all employees on an annual basis.”


Friday, October 12, 2018

Lights, Cabinets, Legal Action? Incredible Interior Designers Require Licensing

Unlicensed practice of interior design is punishable as a class E felony in NY.

In New York State, not just anyone can work as an interior designer. In fact, only a licensee, known as a Certified Interior Designer (CID), may prepare and administer “interior design documents (including drawings, schedules and specifications) which pertain to the planning and design of interior spaces including furnishings, layouts, fixtures, cabinetry, lighting, finishes, materials, and interior construction not materially related to or materially affecting the building systems” pursuant to Education Law §8303.

Read the full article by Andrew Lieb, Esq. here

Thursday, October 11, 2018

Lieb at Law is Hiring a Junior Associate Attorney (Litigation & Compliance)

Lieb at Law, P.C. is seeking an associate attorney for its widely expanding litigation and compliance practice. Attorney will be expected to handle pleadings, discovery, motion practice, and court appearances for matters related to real estate, estates, corporate and employment law. 

Desired qualifications:
  • demonstrated proficiency in legal writing and oral advocacy;
  • dedicated and detail-orientated;
  • ability to prepare illustrative, engaging materials for compliance trainings;
  • digitally savvy, must be comfortable in paperless office with cloud based systems
Will consider 2018 Law School Graduates.
The firm’s practice areas include:
  • 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.
  • Estate Planning and Probate: Last Wills, Advance Directives, Trusts, and Probate Administration.
  • Transactions: Commercial and Residential Real Estate Purchase and Lease Transactions, Business Transactions and Negotiations.
Lieb at Law is different:
The law firm is a part-owner of a New York State Licensed Real Estate School, Lieb School, which offers in-class and digital courses throughout New York State and Connecticut for 7,500 + students. Lieb at Law, P.C. attorneys draft curriculum and teach at the school where they have the opportunity to establish themselves as topical experts and drive the future of the real estate brokerage industry.

The firm's sister company, Lieb Compliance is a national compliance company providing in-person and video trainings to fortune 500 companies.

About the firm:
The firm was founded in 1977. In 2009, Andrew Lieb acquired control of the firm and transformed its legal services from a general practice to a commercial litigation boutique focusing on real estate, employment and legal compliance for regulated industries.

The firm’s litigation practice is driven by leveraging informational imbalances to win cases. This is a substance first law firm where data drives decision making and strategy.

To achieve the firm’s information focused litigation culture, staff have access to cloud-based legal research platform so the latest cases are available to our legal team everywhere, including within the courtroom. Next, a secure, cloud-based case management system catalogs every thought and action on each client’s matter. As a result, case facts are readily accessible through the stroke of a computer key, instead of being locked away in one attorney’s memory or private paper notes in some desk draw. Finally, enterprise file sharing, storage and collaboration software is utilized to enable the efficient collaboration between attorneys where case strategy and document preparation benefits from fresh and innovative group think.

Lieb at Law’s latest research and collaboration tools extend to the firm’s transactional team, which ensures that contractual language is driven by our real life experiential learning from our contractual litigating practice.
Lastly, we publish and teach the law that we practice in order to always stay on the cutting edge. Lieb at Law’s work product is a derivative of embracing education and technology to provide a modern law firm that is at the vanguard of representation.

Tuesday, October 9, 2018

Sexual Harassment Prevention Trainings & Policy Required STARTING TODAY

Today is October 9, 2018

Employers are now required to have distributed a sexual harassment prevention policy.

Also, the 1 year clock to train your employees starts now!

Lieb Compliance already has users on our system - sexualharassmenttrainingny.com

We solve this compliance issue 100% and make it fun for your staff to be compliant.

Services include:

  • On-Demand,Web-Based & Interactive 
  • Presented by premier lecturer and employment law litigator, Andrew Lieb
  • Platform works on PCs, MACs, IPADs or TABLETS (full internet access required)
  • Custom & downloadable Sexual Harassment Policy & Complaint Form customizedto Employer
  • Digital signature acknowledgement of policy & training 
  • In-class note taking
  • In-class commenting
  • Interactive instructor communication
  • Security checkpoints
  • Randomized quiz questions
  • Certificate of completion 
  • Monthly user reporting for employers

Monday, October 8, 2018

How To Renew Your Real Estate License In New York State

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

Every 2 years, licensed real estate brokers and salespersons in the State of New York are required to take 22.5 continuing education credits

  • 3 Hours of instruction pertaining to Fair Housing and/or Discrimination in the sale or rental of real property or an interest of real property
  • 2 Hours of Agency Disclosure for the initial two-year licensing term and at least 1 hour of Agency Disclosure in subsequent renewal cycles.

To renew your license with the Department of State, follow these steps:
Step 1: Click on www.dos.ny.gov/licensing/eaccessny.html
Step 2: Select "Access My Account"
Step 3: Log into your account using your established User ID and Password. If you forgot your password, please use the "Forgot your password?" function located below the logon area. If you have NEVER logged on to your account, then e-mail eAccessNY@dos.ny.gov and they will e-mail you a temporary password. Please use that temporary password to log on and set up a permanent password and secret question.
Step 4: Select "List of Licenses" / select the license number indicated at the top of this email
Step 5: Select "Renew License" and complete the online application


Important information- Please read carefully prior to submitting your license renewal.

  • Be a licensed real estate broker; AND
  • Have maintained continuous licensure from July 1, 1993 to present (There can be no breaks in licensure for reasons such as late renewal submission); AND
  • Be engaged full-time in the real estate business.

Licensed NY Real Estate Salespersons and Brokers must take the following Continuing Education courses in their renewal cycle:

This Division conducts routine audits for compliance with continuing education requirements. If you are the subject of an audit, you must provide course completion certificates or satisfactory proof that you are exempt from this requirement. 
Be advised that the NAR Code of Ethics course may be credited for continuing education but DOES NOT meet the 3 hour fair housing requirement.
The law does provide for an exemption from the continuing education requirement. To qualify for the exemption you must be able to demonstrate the following criteria:
An attorney admitted to the New York State bar is also exempt from the continuing education requirement. Real estate salespersons are never exempt from the continuing education requirement. 
If there are deficiencies within your renewal application, you will receive a letter requesting additional information; otherwise, allow three weeks to receive your License and Photo ID card. Your license and photo ID card will be mailed separately.
For additional help with license renewal, click here 

For LIVE and VIDEO Real Estate Continuing Education Classes, click here

Friday, October 5, 2018

NYREJ Announce Yankovich and Siliato join Lieb at Law

We are happy to be featured in the New York Real Estate Journal and are THRILLED that Mordy Yankovich and Steven Siliato joined Lieb at Law, P.C.

Read about them here! 

Monday, October 1, 2018

LEGAL UPDATE | NY Employers Must Provide A Sexual Harassment Prevention Policy BY 10/9/18

According to the Department of Labor "All employers must adopt and provide a sexual harassment prevention policy to all employees by October 9, 2018."

These policies must be distributed in writing or electronically. Employers are also encouraged to have employees acknowledge receipt of the policy and to post a copy of the policy where employees can easily access it.

If your company already has a sexual harassment policy, make sure that it meets or exceeds the newly required minimum standards.

Lieb Compliance provides custom policies and trainings that meet all standards. Contact us today at info@liebcompliance.com or 646.216.8038

http://www.sexualharassmenttrainingny.com/

Thursday, September 27, 2018

Schools, First Responders & Local Governments Must Conduct Sexual Harassment Prevention Training

New York State recently passed legislation requiring all employers to conduct sexual harassment prevention training for their employees and establish a sexual harassment prevention policy. The law is effective October 9, 2018. Recent guidance issued by the Department of Labor clarified that all employers must train their employees between October 9, 2018 and January 1, 2019 and on an annual basis thereafter. In addition, all new employees must be trained within thirty (30) days of their start date.

"All Employers" required to conduct sexual harassment prevention training and establish sexual harassment prevention policies include both private and public employers. Therefore, state and local governments and agencies, towns, police departments, fire departments, school districts and all other public employers must comply with these new regulations.

For more information visit: http://www.sexualharassmenttrainingny.com/

Less than 2 Weeks until Mandatory Sexual Harassment Prevention Trainings

We are on the countdown until the start of mandatory sexual harassment trainings in NYS.

Just 2 weeks until the October 9 start date. Remember, all employees must be trained  between October 9th, 2018 and January 1st, 2019. 

Visit sexualharassmenttrainingny.com to register for onsite, on-demand web-based interactive videos and/or live trainings at our training center at 308 W. Main Street, Smithtown New York.

All trainings will be instructed by employment law litigators so that our content is immersive with real world examples.


To schedule your company's training, simply fill out this form and you will be contacted by a representative ASAP.

Monday, September 17, 2018

NEW LAW: Mandatory Sexual Harassment Prevention Trainings For ALL NEW YORK EMPLOYEES

http://www.sexualharassmenttrainingny.com/

Every employer in New York State is required to provide employees with sexual harassment prevention training, which is administered in compliance with the requirements of Section 201-g of the Labor Law.

Every employer in New York City is also required to provide employees with sexual harassment prevention training, which is administered in compliance with the requirements of Local Law 96.

WHAT YOU NEED TO KNOW:
  • Between 10/9/18 and 1/1/19 all employees must be trained
  • All new employees must be trained within 30 days of start date
  • All employees must be trained annually
  • Employers must maintain proof of training attendance
  • Employers must maintain written acceptance of employer’s sexual harassment policy
  • NYC requires posters and information sheets
Lieb Compliance offers compliance with everything from policies to trainings.
Trainings are available:
All content is immersive with real world examples.

All trainings are conducted by employment law litigators.

Thursday, September 13, 2018

Andrew Lieb, Esq. and Dennis Valet, Esq. named NY Metro Rising Stars for 2018 from Super Lawyers

Lieb at Law, P.C. is proud to announce Super Lawyers has recognized Andrew Lieb Esq. and Dennis Valet Esq. as NY Metro Rising Stars for 2018. This is Andrew Lieb's 5th year in a row and Dennis Valet's 3rd year in a row with such honor. Only 2.5% of the attorneys in the state were selected.


Friday, September 7, 2018

Sports Tickets for Real Estate Attorneys - Title Regulation Annulled - Game On

Insurance Regulation 208 has been annulled in the Article 78 case of New York State Land Title Association, Inc.; The Great American Title Agency, Inc.; and Venture Title Agency, Inc. v. The New York State Department of Financial Services; and Maria Vullo, in her official capacity as Superintendent of the New York State Department of Financial Services.

As a result, and unless the decision is reversed, sports tickets for real estate attorneys are available anew from title companies. However, can an attorney ethically accept such tickets without running afoul of Rule 1.8(f) of the Rules of Professional Conduct? 


Advising Employers to Take Preventative Measures to Avoid Costly and Disruptive Litigation

With New York State enacting new protections for employees at a feverish pace, it is more imperative than ever to advise employers of preventative measures they can take to avoid potential violations of the many federal, state and local employment laws. These laws include but are not limited to Title VII of the Civil Rights Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the New York State Human Rights Law, the New York Labor Law, and the Suffolk County Human Rights Law. This article reviews several practices employers should implement to minimize potential exposure to costly and disruptive litigation.

Read the full article by Mordy Yankovich, Esq. in The Suffolk Lawyer here

Wednesday, September 5, 2018

Career Opportunity | Lieb at Law | Real Estate Paralegal

Job Description

Lieb at Law, P.C. seeks a digitally savvy, detail oriented and self-starter to join our boutique firm as we rapidly expand our footprint. The firm services the New York Metro area, inclusive of the Hamptons and Manhattan and represents the largest real estate brokerage and title companies in the State of New York. Moreover, the firm’s sister company is one of the largest real estate schools in the state offering in-person and digital continuing education classes to real estate brokers and salespersons. The firm is a paperless office, with use of cloud based programs to leverage efficiencies. All must be extremely technologically savvy to excel in our environment. Must be friendly, charismatic and independently motivated and organized. A large part of this job is managing relationships with clients, vendors and referrals. Opportunity for career growth.
Responsibilities:
  • Drafting contracts of sale
  • Ordering and reviewing title reports and surveys
  • Preparing closing statements
  • Miscellaneous Clerical Work such as answering telephones, distributing mail and deliveries, announcing visitors, maintaining office appearance, watering plans, making coffee.
  • Managing calendar / scheduling meetings
  • Managing and building relationships with clients and referrals
  • Managing and building relationships with 3rd parties / vendors
  • New business intake specialist
  • Ordering title reports and surveys
  • Digital File Organization
Requirements:
  • Tech Friendly / Strong Computer Skills
  • Self-sufficient & take pride in work product
  • Charismatic and friendly
  • Organized
  • Demonstrative and assertive
  • Proficient in Microsoft Word, Excel, Google Calendar and Social Media
  • Minimum Associates Degree from accredited college. Bachelor’s Degree preferred

TO APPLY: EMAIL RESUME TO CAREERS@LIEBATLAW.COM

Tuesday, September 4, 2018

33 Days Until NYS Mandatory Sexual Harassment Training

We are on the countdown until the start of mandatory sexual harassment trainings in NYS.

Just 33 days until the October 9 start date. Remember, all employees must be trained before 1/1/2019.

Lieb Compliance is offering onsite, on-demand web-based interactive videos and/or live trainings at our training center at 308 W. Main Street, Smithtown New York.

All trainings will be instructed by employment law litigators so that our content is immersive with real world examples.

To schedule your company's training - email info@liebcompliance.com the following information:
  • Company name
  • Your name / position / title 
  • Your telephone number
  • Your email address
  • Total amount of employees at your company
  • Whether you have a policy already in place (also required)
  • Whether your employees are computer literate
  • What days / times you request a training
Within 48 hours, a representative from Lieb Compliance will be in contact to solve your compliance obligation.

Thursday, August 30, 2018

Sexual Harassment Training - Case Studies - Example 1 / Question 2

Facts: Li Yan's coworker Ralph has just been through a divorce. He drops comments on a few occasions that he is lonely and needs to find a new girlfriend. Li Yan and Ralph have been friendly in the past and have had lunch together in local restaurants on many occasions. Ralph asks Li Yan to go on a date with him—dinner and a movie. Li Yan likes Ralph and agrees to go out with him. She enjoys her date with Ralph but decides that a relationship is not a good idea. She thanks Ralph for a nice time, but explains that she does not want to have a relationship with him. Ralph waits two weeks and then starts pressuring Li Yan for more dates. She refuses, but Ralph does not stop. He keeps asking her to go out with him.

Question: Li Yan cannot complain of sexual harassment because she went on a date with Ralph.True or False?

FALSE: Being friendly, going on a date, or even having a prior relationship with a coworker does not mean that a coworker has a right to behave as Ralph did toward Li Yan. She has to continue working with Ralph, and he must respect her wishes and not engage in behavior that has now become inappropriate for the workplace.

To schedule your company's training - email info@liebcompliance.com the following information:
  • Company name
  • Your name / position / title 
  • Your telephone number
  • Your email address
  • Total amount of employees at your company
  • Whether you have a policy already in place (also required)
  • Whether your employees are computer literate
  • What days / times you request a training
Within 48 hours, a representative from Lieb Compliance will be in contact to solve your compliance obligation.
Question 2.
Li Yan cannot complain of sexual harassment because she went on a date with Ralph.
True or False?
FALSE:
Being friendly, going on a date, or even having a prior relationship with a c
oworker does not
mean that a coworker has a right to behave as Ralph did toward Li Yan. She has to continue working
with Ralph, and he must respect her wishes and not engage in behavior that has now become
inappropriate for the workplace.

Wednesday, August 29, 2018

Sexual Harassment Training Case Studies - Example 1

Facts: Li Yan's coworker Ralph has just been through a divorce. He drops comments on a few occasions that he is lonely and needs to find a new girlfriend. Li Yan and Ralph have been friendly in the past and have had lunch together in local restaurants on many occasions. Ralph asks Li Yan to go on a date with him—dinner and a movie. Li Yan likes Ralph and agrees to go out with him. She enjoys her date with Ralph but decides that a relationship is not a good idea. She thanks Ralph for a nice time, but explains that she does not want to have a relationship with him. Ralph waits two weeks and then starts pressuring Li Yan for more dates. She refuses, but Ralph does not stop. He keeps asking her to go out with him.


Question: When Ralph first asked Li Yan for a date, this was sexual harassment. True or False?

FALSE: Ralph's initial comments about looking for a girlfriend and asking Li Yan, a coworker, for a date are not sexual harassment. Even if Li Yan had turned Ralph down for the first date, Ralph had done nothing wrong by asking for a date and by making occasional comments that are not sexually explicit about his personal life.


To schedule your company's training - email info@liebcompliance.com the following information:
  • Company name
  • Your name / position / title 
  • Your telephone number
  • Your email address
  • Total amount of employees at your company
  • Whether you have a policy already in place (also required)
  • Whether your employees are computer literate
  • What days / times you request a training
Within 48 hours, a representative from Lieb Compliance will be in contact to solve your compliance obligation.



Tuesday, August 28, 2018

ATTENTION ALL EMPLOYERS | Sexual Harassment Trainings ARE NOW MANDATED IN NYS | Lieb Compliance Offers Solutions

Every employer in New York State is required to provide employees with sexual harassment prevention training pursuant to Section 201-g of the Labor Law.

The Burden - All employees MUST complete the training before January 1, 2019. This training must be:
  • Interactive with participation 
  • Accommodate questions 
  • Answer questions
  • Enable employee feedback on the training and materials
Great news, Lieb School, already has a course that is approved for continuing education credits in the real estate brokerage industry -  Sexual Harassment & Brokerage

The Solution - Lieb Compliance is launching NYS Compliant Sexual Harassment Trainings for employers at our state of the art training center at 308 W. Main Street, Smithtown New York on October 1, 2018. Concurrently, Lieb Compliance is launching tailored online trainings because employers are required to train new employees within 30 days of start date.  

To schedule your company's training - email info@liebcompliance.com the following information:
  • Company name
  • Your name / position / title 
  • Your telephone number
  • Your email address
  • Total amount of employees at your company
  • Whether you have a policy already in place (also required)
  • Whether your employees are computer literate
  • What days / times you request a training
Within 48 hours, a representative from Lieb Compliance will be in contact to solve your compliance obligation.


NYC Smoking Policies Required Today

Local Law 2017-147, which addresses Administrative Code Sections 17-502, 506.1, 508, and 513.2, requires all condos, co-ops and rentals in NYC to have smoking policies as of today. 

These policies must be included in the deed, the lease, the bylaws or rules, posted prominently and noticed annually. 

There are no rules of what the policies must be, but instead just that they must exist.
The purpose of these laws is to empower individuals to make informed decisions about where to live. 

Landlords - avoid civil monetary penalties by getting compliant immediately.  

Thursday, August 16, 2018

Andrew Lieb Esq, Radio Segment On Smooth Real Estate Purchase

Catch Andrew Matthew Lieb on NPR Peconic Public 88.3 WPPB - FM. He shares secrets to a smooth real estate purchase in the Hamptons and what questions you should ask before you commit to the purchase. He also explains bonus rights, FICO scores, the priority of credit and what to look for when hiring a buyer's broker. 

To listen click here

(You can fast forward to his direct segment at 19:30)

Tuesday, August 14, 2018

Great Architects Are Land Use Experts

As of right land use is the dimensional and physical limits that a town or village permits on a given parcel of property and which is set forth within a given town’s or village’s municipal code. Municipal codes throughout the East End can be found at ecode360.com and should be fully analyzed for as of right uses before a given parcel is purchased, especially when the purchase is being made with an eye towards development. These as of right land use laws cap the size, siting, materials, and engineering of structures while containing severe penalties for those who do not comply. These laws also differentiate the good architects from the great ones.

Read the full article in Dan's Papers by Andrew Lieb, Esq. here. 

Monday, August 6, 2018

Amendment To New York State Paid Family Leave Law Would Require Employers To Provide Paid Bereavement Leave

The New York State Senate and Assembly recently passed legislation to amend the New York Paid Family Leave Law, which went into effect in January 2018, to include paid time off for bereavement leave. The amendment, if signed by Governor Cuomo, would entitle qualified employees to use their Paid Family Leave to grieve the death of a family member.

The Paid Family Leave Law currently entitles qualified employees eight (8) weeks (increases to twelve (12) weeks by 2021) of paid leave for the following reasons:
  1. Provide care for a family member with a serious health condition;
  2. Bond with a child during the first twelve months after the child’s birth, adoption, or foster care placement;
  3. Due to exigent circumstances arising out of the employee’s spouse, domestic partner, child, or parent being on active duty in the armed forces of the United States.
Employers must ensure their insurance policies are updated to include coverage for Paid Family Leave which must include coverage for bereavement leave, if the Governor signs the legislation. In addition, employers should update their employee handbooks accordingly.

Wednesday, August 1, 2018

Service Requirements when Evicting a Tenant


When a landlord seeks to evict a tenant, the landlord needs to ensure compliance with service requirements. 

In New York, there are three ways that service is typically effectuated: (1) personal delivery (2) nail and mail; or (3) substituted service. 

When selecting a hearing date for the eviction proceeding, landlords must be mindful of the 5 and 12 Rule, as set forth in RPAPL §733The rule states that the tenant must be served no fewer than five days, but no more than twelve days prior to the hearing date. However, when is service complete?  

Although the rules vary slightly between the Housing and Justice Courts, generally speaking, the date the tenant is served does not count; the clock starts the date after the tenant was served.

However, the date of the hearing does count.

Putting it all together - if the hearing date is scheduled for a Wednesday, the last date to complete service would be the Friday before.

Also, if the final day of service falls on a Saturday, Sunday or public holiday, the time to complete service is extended to the next business day.

Lastly – don’t ever serve the lawsuit on a Sunday or other religious holiday as this is prohibited by law.

Monday, July 30, 2018

Luxury Has Rules: Landscaper Licensing and Payment Info East Enders Must Know

Not every business can landscape the luxurious real estate on the East End. It takes a test, some fees, and possibly multiple hours of continuing education to be permitted to manicure our yards, install our swimming pools and nestle our homes within shrubs and trees. We are serious about our landscapes on the East End.

Read the full article by Andrew Lieb, Esq. published in Danspapers here. 

Thursday, July 19, 2018

Mortgage Foreclosure SOL: 5-Prong Acceleration Test

A mortgage foreclosure lawsuit has a 6-year statute of limitations pursuant to CPLR §213(4). However, dismissal for statute of limitations purposes is largely dependent on lender error because lenders have the unilateral ability to deaccelerate a loan and thereby restart the accrual date of the statute of limitations. As a result, lenders may, through careful monitoring of the statute of limitations, avoid exposure to statute of limitations’ dismissal. To clarify, a lender cannot restart the accrual date for previously defaulted mortgage payments, which will continue to be subject to the 6-year statute of limitations and date of default accrual. Instead, a lender can only avoid statute of limitations dismissal with respect to future installment payments, which are only in default because of a lender’s prior election to contractually accelerate such payments, which is generally done by summons and complaint (e.g., pleading that lender “hereby elects to declare immediately due and payable the entire unpaid balance of principal”). It is these accelerated payments which may be deaccelerated to reset the accrual date for statute of limitations purposes and thereby preserve the lender’s right to future suit. However, whether a deacceleration election is effective has been fragmented in the case law until now.

Read the full article, be Andrew Lieb. Esq, published in The Suffolk Lawyer here. 

Tuesday, July 10, 2018

Judge Strikes Down Title Insurance Regulation 208

Regulation 208 (11 NYCRR 228) is now annulled pursuant to New York County Supreme Court Justice Rakower’s decision and order on New York State Land Title Association (NYSLTA) et. al. v. New York State Department of Financial Services (DFS).

The Court annulled Regulation 208 in its entirety and reasoned, among others, that Regulation 208 is “irrational” and “internally inconsistent.”

DFS has filed its Notice of Appeal. Stay tuned as it is yet to be determined whether Regulation 208 would be reinstituted with a stay or otherwise.

Monday, July 9, 2018

Rules for Building on Tidal Wetlands

You have your property, and now you’re thinking about what more you can build. If you’re near tidal wetlands, there is much to consider. Construction on tidal wetlands is often disallowed, there are three permits required, the applicant needs competent representation and most importantly, a lot of patience.

Read the full article in Dan's Papers by Andrew Lieb, Esq. here. 

Monday, July 2, 2018

The True Cost of Moving On Up

How Much Will Upgrading to a New Home Actually Run You? 

Andrew Lieb, Esq. explains the true cost of moving on up in Dan's Papers. Read the full article here. 

Monday, June 25, 2018

Outdoor Living Next Door to a Noisy Hamptons Neighbor

You rented your Hamptons’ summer home for serenity, but your neighbor apparently rented his to throw parties. Your idea of perfection is outdoor lunch with some nice background music and perhaps a nap on the hammock or reading a book. Your neighbor clearly likes drinking with a DJ and loud dance parties. You are just incompatible and this isn’t going to work. What should you do?

Friday, June 1, 2018

Real Estate Brokerage License Law - 2017 Appeals to Secretary of State - Precedent for Future Cases

In 2017, there were 8 administrative appeals before the Secretary of State concerning license law violations of real estate brokers.

As real estate brokerage professionals, we learn the following rules from these decisions:

  1. Hortman v. DLS (71 DOS APP 17): The 150 days in which an administrative law judge should make their determination is directory, not mandatory, in nature and cannot result in the proceeding being dismissed if violated; instead, an application to a court to compel the decision is the only recourse for a broker awaiting such a decision. Additionally, we are reminded that "efforts undertaken to locate financing to be secured by a mortgage, to pre-qualify potential borrowers, and to coordinate financing are activities which require appropriate licensure" if involving commercial real estate.
  2. Ronald St. Cyr v. DLS (74 DOS APP 17): Deadline periods to make payment on consent orders should be strictly followed, absent proof of a modification. While modification of the deadline was proven, we are reminded that records are everything when dealing with the government. 
  3. Ronald St. Cyr v. DLS (117 DOS APP 17): There is no right to have more time to settle and the default interest rate on a judgment is 9%. All too often clients believe that they have a right to settle; you don't!
  4. Da Huang v. DLS (87 DOS APP 17): If you lose a case on default, always make sure that jurisdiction was obtained over you, which, for real estate brokerage license law complaints, means "by delivery of same personally to the licensee, or by mailing same by certified mail to the last known business address of such licensee... or by any method authorized by the civil practice law and rules." Remember to check the address if certified mail was utilized because if its wrongly addressed, there are grounds for dismissal. 
  5. Banfield v. DLS (85 DOS APP 17): Failure to cooperate with a DLS investigator is grounds for charge pursuant to RPL 442-e(5). Better have a paper trail of efforts to cooperate. We always recommend using the hot potato game when dealing with the government. Make sure they are caught with the hot potato (last contact offering dates) when the music stops.  
  6. Cilino v. DLS (19 DOS APP 17): Defaulting in appearing at a hearing is really bad. 
  7. Goulbourne v. DLS (118 DOS APP 17): An appeal of decision or order of suspension must be made within 30 calendar days of receipt of the decisions / order in compliance with 19 NYCRR 400.2(k). Plus, there are special rules of construction in the General Construction Law about how those 30 days are calculated. Know the rules or don't play the game.
  8. Zubulake v. DLS (19 DOS APP 17): An application for a real estate brokerage license based upon "equivalent experience in general real estate business for a period of at least three years" is determined by a point system set forth at 19 NYCRR 179.3 and is mandatory to be following by the DLS in hearing such an application.  
As can clearly be gleaned, going at it alone or without knowledge of prior decisions is almost certainly fatal if you want to protect your license.  

Wednesday, May 23, 2018

NYS Sexual Harassment Law Exposes Businesses to Claims by Independent Contractor Victims of Independent Contractor Harassers: Real Estate Brokerage Firms be Warned

NYS companies utilizing the services of independent contractors, such as real estate brokerage firms, are now exposed to liability for the acts of their independent contractors who sexually harassed other independent contractors who were associated with the same company by way of new Executive Law.

Read the full article by Andrew Lieb, Esq. here. 

Friday, May 18, 2018

Dan's Papers Advertising Deal for Lieb School Students

Excited to share a special Dan's Papers Advertising Deal for Lieb School Students! 

$999 Full Newsprint Page for the Memorial Day Issue of Dan's Papers, if you book by 6pm on Monday 5/21. 

Plus get 2 FREE General Admission tickets to the Dan’s Rosé Soirée event! To take advantage of this deal email ericf@danshamptons.com 


Thursday, May 17, 2018

10 Keys To East End Real Estate In 2018

If you are investing in real estate this year, this is a must read for buyers, sellers, landlords, tenants and even neighbors. While this was published in a hamptons magazine, the facts can really apply to all NY real estate.

Read Andrew Lieb, Esq. full article published in Behind The Hedges Here. 


Thursday, May 10, 2018

4-3-18 NYS Board of Real Estate meeting summary


On 4-3-18 the NYS Board of Real Estate continued its mission of optimizing the regulation of real estate brokers in our state by holding its meeting in NYC, Buffalo and Albany. To remind real estate brokers and salespersons, the public is welcome at these meetings where the public can bring comments from the floor. It’s encouraged that Lieb School students attend these meetings to have your voices heard. 

"[T]he Board has general authority to promulgate rules and regulations affecting real estate brokers and salespersons in order to administer and effectuate the purposes of Article 12-A of the Real Property Law."


The meeting was relatively brief, but did include some interesting comment, including:
- From January through March, there were 221 real estate complaints.
- New real estate brokerage course curriculum has been released to schools and is anticipated to be in place by 9-1-18. This curriculum includes 5 hours on office operations.
- Suggestions for changes to the industry included: (a) a requirement to place license numbers on marketing materials; (b) creating a system so that deceased broker's licenses are terminated and cannot be continued wrongfully by others; and (c) expanding eaccessNY to indicate when a salesperson / associate real estate broker / broker is inactive or suspended. 

The next meeting was referenced to be June 1, 2018, but was not confirmed. 

Thursday, May 3, 2018

What You Need To Know About Using Dual Agent and Dual Agent With Designated Sales Agent

We never recommend a general form as each situation is unique and requires specific information. However, sometimes in our Agency Disclosure classes we do reference the Department of State's article called "Be Wary of Dual Agency". 

Being a Dual Agent means your fiduciary duties are compromised on the individual level. Further, it's a direct deal where the seller/landlord & buyer/tenant both knowingly waive the conflict of interest permitting you to have compromised loyalties in neither negotiating on behalf of either party to a transaction.

A Dual Agent form should only be used when you represent both the seller/landlord & buyer/tenant. Additionally, no other agents are involved from your brokerage firm or another brokerage firm. You can use Dual Agent if you have a listing & you are acting as a selling agent by procuring a client to the listing.

We always recommend that large brokerage companies select Advanced Consent to Dual Agent with Designated Agent when clients are okay with it. You never know who will find a buyer for your listing or who will have a listing for your buyer.

Wednesday, May 2, 2018

NY Broker Websites Are Actively Being Audited By The DOS | Learn Your Exposure

The NY Department of State (DOS) is now ACTIVELY auditing real estate broker and salespersons websites for compliance.

If you are NOT in compliance you are subject to:
  • Revocation
  • Suspension 
  • $1,000 fine PER violation 
  • Censure 
  • Disgorgement of commission + interest 
  • You get charged with untrustworthiness & incompetency in the practice of real estate brokerage in the state of NY. 
Find out if you are in compliance by taking Lieb School's Video Continuing Education Class, Deceptive & Misleading Advertising ONLINE.

You can also take advantage of our $99 special which includes 7 CE classes (including Deceptive & Misleading Advertising ONLINE).


Tuesday, May 1, 2018

Video Clip of Strategic Negotiating CE

If you couldn’t make it to our in-person strategic negotiating CE class, no worries, we are currently cutting up the video and creating an online class version. Here’s a clip of what to expect. This real estate CE class will be available by the end of this year!


Lieb Headquarters Moving to Smithtown Summer of 2018

Andrew Lieb, Esq. announces exciting news about Lieb at Law, P.C.'s expansion including opening up a 40 seat compliance training center. 


Monday, April 30, 2018

Renewing An Expired Real Estate License in New York

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.

Wednesday, April 25, 2018

Sexual Harassment Protections Extended to Independent Contractors in New York State


As of April 12, 2018, companies in the State of New York are now exposed to liability for harassment of independent contractors in the workplace.  The text of the new law can be found here. The New York State Human Rights Law previously only protected employees from sexual harassment.  While the statute does not specify whether companies can be held liable for acts of their independent contractors who sexually harass other independent contractors, the statute does state that when determining whether a company is liable for the acts of the harasser, the “extent of the employer’s control and any other legal responsibility which the employer may have with respect to the conduct of the harasser” should be considered.  This language appears to imply that companies such as real estate brokerages which subject independent contractors to substantial supervision (as required by 19 NYCRR §175.21(a) and Real Property Law §441(1)(d )), would be exposed to liability for all acts of harassment committed by their independent contractors.  It is thus imperative that brokerage firms immediately implement sexual harassment policies and trainings for their independent contractors in addition to their employees to mitigate potential exposure.  

Friday, April 20, 2018

Lieb at Law Welcomes Mordy Yankovich

Lieb at Law, P.C. is thrilled to announce Mordy Yankovich has joined the litigation team. Mordy's practice focuses on corporate, real estate and employment litigation and compliance. Mr. Yankovich represents companies in all aspects of litigation in federal and state courts and before administrative agencies. He prides himself on advocating zealously for his clients while providing constructive and honest counsel to achieve the best possible result.

In addition to litigating matters, Mr. Yankovich advises clients on compliance with federal, state and local laws and conducts trainings for employers, including anti-discrimination and anti-harassment trainings, to minimize clients’ potential exposure. Prior to working at Lieb at Law, P.C., Mr. Yankovich was a litigation associate with Jackson Lewis, P.C., a national law firm focusing on labor and employment law.

Mr. Yankovich is admitted to practice law in New York and New Jersey state courts, the U.S. District Court for the Eastern and Southern Districts of New York and the U.S. District Court of New Jersey. He received his law degree from Hofstra University School of Law where he was an articles editor of the Labor and Employment Law Journal and a member of the Dean’s List. Prior to law school, Mr. Yankovich graduated from Boston University with a B.S. in Public Relations and a minor in Economics.

When not advocating on behalf of his clients, Mr. Yankovich enjoys playing golf and tennis, creative writing, following the stock market, and spending quality time with his wife and 2 children.

Friday, April 13, 2018

2018 is All About Real Estate Law | Special Real Estate Issue From The Suffolk Lawyer

Andrew Lieb Esq, put together a special real estate section of the Suffolk Lawyer's April 2018 addition. Included in the section are the following articles:

  • Considerations When Planning a Real Estate Investment Business by Sabie Franco
  • The Effect of a Discontinuance on the Mortgage Foreclosure Statute of Limitations Period by Christopher Gorman and James Wighaus
  • Condo and Co-op Boards Beware - Discrimination in Housing by Dennis Valet
  • Don't Slip Up Handling a Slip and Fall Deposition by Kenneth Landau

These articles are designed to ground educate and inspire us. They are the foundation of what is today because without learning about today, we cannot be prepared to leverage tomorrow.

To read the full section, click here. 

Condo and Co-op Boards Beware - Discrimination in Housing

Condominiums and cooperatives, especially high-end associations, are infamous for their lengthy, comprehensive, and often draconian purchase applications, by-laws, and house rules. In their quest to ensure that prospective new purchasers will be the proverbial “good neighbor” it is easy for a board of managers to inadvertently take discriminatory actions that expose the board to liability. This article examines some common issues a board of managers should consider when hiring an attorney to craft or review purchase applications, by-laws, and house rules that ensure compliance with ever-changing local, state, and federal discrimination laws.

To read the full article by Dennis Valet, Esq, click here. 

Monday, April 9, 2018

CLE Materials - The Top Real Estate Laws of 2017

Available here are all cases, statutes, and other supporting materials for the CLE, The Top Real Estate Laws of 2017, sponsored by First American Title, presented on Monday, April 9, 2018 at the The Omni Building.

Click HERE for downloadable materials. 

Wednesday, March 28, 2018

Lieb at Law is Hiring | Real Estate Attorney | Unique Opportunity To Run Transaction Practice | Smithtown

Transaction Attorney: Resumes to careers@liebatlaw.com

Lieb at Law, P.C. seeks an experienced transaction attorney to join our boutique firm as we rapidly expand our footprint. This is the right position for an attorney looking to leverage our 7,000 + contacts in the real estate brokerage world. If played right, you can be the most sought after commercial and residential transactional attorney in the Long Island / NYC region.

The firm services the New York Metro area, inclusive of the Hamptons and Manhattan, and represents the largest real estate brokerage and title companies in the State of New York. Moreover, the firm’s sister company is one of the largest real estate schools in the state offering in-person and digital continuing education classes to real estate brokers and salespersons. In the summer of 2018, the firm is moving to Smithtown and opening up a new state of the art training facility and headquarters. We are looking for someone to lead and grow what can be the largest transaction department in the State. Those that succeed and prove themselves have the opportunity to become a partner at the firm.

The firm’s practice areas include:

Litigation: Commercial Litigation, Real Estate Litigation, Real Estate Brokerage Litigation, Title Litigation, Plaintiff Personal Injury, Landlord/Tenant, Discrimination and Estate Litigation.
Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings. Focus on real estate brokerage and title insurance industries.
Estate Planning and Probate: Last Wills, Advance Directives, Trusts, and Probate Administration.
Transactions: Commercial and Residential Real Estate Purchase and Lease Transactions, Business Transactions and Negotiations.
Qualifications:
Lieb at Law’s transactional practice represents commercial clients and individuals in real estate and business transactions. Candidates must have a minimum of 4 years of experience drafting, structuring and negotiating contracts and leases. Be prepared to explain the legal bases for specific title exceptions and your strategy to clear these title issues if you want the job. Candidates must be impeccably organized and technologically savvy as the firm is a paperless office that leverages cloud based systems to streamline operations. Most importantly, the candidate must be a hustler, who wants to leverage substance rather than emotion, when getting the job done yesterday. The firm’s motto is “no case, no statue, no talk”.
Commercial and Residential Transactions:
  • Purchases & Sales for Single Family / Vacation (Second) Homes, Multi-Family Homes, Co-ops, Condos, New Construction, Short Sales, Vacant Land 
  • Commercial Sales / Purchases for Stand Alone Buildings, Shopping Centers / Strip Malls, Hotel / Motels, Entity Transfer Agreements, Religious Institutions, Operator / Master Tenant Agreements and more… 
  • Commercial / Residential Leasing 
  • Deed Transfers 
  • Land Use & Zoning Advice & Applications 
  • Promissory Notes & Mortgages 
  • Property Management
Business Transactions and Negotiations:
  • Purchases & Sales (UCC Filings / Bulk Sale Transactions) 
  • Drafting & Negotiation of Commercial Contracts 
  • Drafting Legal Viability Reports for Business Planning 
  • Business Structuring & Startup Counseling 
  • Organization of New Businesses, Formation of Corporations, Partnerships, LLCs and more
  • Shareholder / Membership Agreements 
  • Drafting Form Contracts 
  • Drafting & Advice for Policy Manuals 
  • Intellectual Property Copyright / Trademark Filings & Licensing Agreements 
  • Regulatory Advice, Compliance & Advocacy


Lieb at Law is Different:
The law firm’s sister company, Lieb School, offers in-person and digital courses throughout New York State and Connecticut. Lieb at Law, P.C. attorneys draft curriculum and teach at the school where they have the opportunity to establish themselves as topical experts and drive the future of the real estate brokerage industry.  Lieb Attorneys will have the opportunity to leverage the firm’s state of the art training center for business development.

About the Firm:
The firm was founded in 1977. In 2009, Andrew Lieb acquired control of the firm and transformed its legal services from a general practice to a commercial litigation and transaction boutique focusing on real estate and legal compliance for regulated industries.

The firm’s litigation practice is driven by leveraging informational imbalances to win cases. This is a substance first law firm where data drives decision making and strategy.

To achieve the firm’s information focused litigation culture, staff have access to cloud-based legal research platform so the latest cases are available to our legal team everywhere, including within the courtroom. Next, a secure, cloud-based case management system catalogs every thought and action on each client’s matter. As a result, case facts are readily accessible through the stroke of a computer key, instead of being locked away in one attorney’s memory or private paper notes in some desk draw. Finally, enterprise file sharing, storage and collaboration software is utilized to enable the efficient collaboration between attorneys where case strategy and document preparation benefits from fresh and innovative group think.

Lieb at Law’s latest research and collaboration tools extend to the firm’s transactional team, which ensures that contractual language is driven by our real life experiential learning from our contractual litigating practice.

Lastly, we publish and teach the law that we practice in order to always stay on the cutting edge. Lieb at Law’s work product is a derivative of embracing education and technology to provide a modern law firm that is at the vanguard of representation.

About the Transaction Practice:
Lieb at Law ensures that contractual language is driven by the real life experience of our litigation practice. As a result, we advise and negotiate by performing a cost-benefit analysis for each provision that goes into our client’s contracts. Knowing the cost of litigation and likelihood of success on the merits for each term, through first-hand experience, enables us to succinctly know when to push and when to give in to achieve favorable agreements. Simply stated, we are a substance-based law firm, not a "because that’s how it's done" shop.

We are on the cutting edge of the law and frequently give lectures and continuing education to attorneys and real estate professionals throughout New York State. Our attorneys have drafted and published a complete set of transactional forms for the largest brokerage companies in the state, including policy manuals and the like. The firm’s Managing Attorney oversees the transactional practice and is a prolific author on real estate law topics, has served as the Chair of the Real Property Committee to the Suffolk Bar Association and is a regular contributor to the Journal of Real Estate Litigation and Condemnation of the American Bar Association, The New York Real Estate Journal, The Huffington Post, Dan’s Papers, Behind The Hedges, The Nassau Lawyer and The Suffolk Lawyer.