New NY Foreclosure Law Forces Lenders to Apply Your Payments

A very important foreclosure law bill, Assembly Bill A2739, which we discussed at How New York Assembly Bill A2739 Could Give Homeowners a Leg Up in Foreclosure Defense was signed and is effective as of December 12, 2025.

Now, homeowners in default a real edge against foreclosure. The law requires mortgage lenders to accept and immediately apply payments made in reliance on a payoff statement – no more excuses, no more “we’ll hold it in suspense.” As long as you pay where and how your lender says to, your money counts toward your loan balance.

If you’re facing foreclosure and want to make sure every payment counts, contact Lieb at Law, P.C. – because now, your money can finally work for you.

Law on Access to Adjoining Property for Improvements or Repairs Updated in NYS

Starting on December 5, 2025, RPAPL 881 offers a new framework under S3799C for a property owner seeking a court ordered license in a special proceeding to access their neighbor's property in order to make improvements or repairs. As the bill jacket explains, sometimes "owners and their neighbors cannot work out a solution without going to court" and the prior law, from 1968, is now being updated to be more predictable. The framework makes it easier to name lessees into the proceeding as their rights will be adversely impacted and they are a necessary party to such lawsuits. It also clarifies that a licensee can be obtained for a preconstruction survey to document the existing condition of the property, to address vibration, cracks, optical monitoring devices, protective coverings for the property, scaffolding, bracing, building supports, flashing, and construction staging necessary to complete work, amongst others. The new law also requires the licensee to maintain commercial general liability insurance for damages to persons or property with the adjoining owner as an additional insured. Finally, to the good stuff, "[t]he licensee shall be required to reasonably compensate the adjoining owner for the loss of use and enjoyment of the adjoining premises including diminution in value." plus, "to reimburse the adjoining owner for reasonable fees incurred in connection with the review of relevant documents for the installation, maintenance, inspection, repair, replacement or removal of devices, structures, materials or equipment on the adjoining property."

If you’re facing a construction-access fight with a neighbor, or you need to secure compensation for loss of use, we handle RPAPL 881 litigation. Contact Lieb at Law to protect your rights and your property.

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How New York Assembly Bill A2739 Could Give Homeowners a Leg Up in Foreclosure Defense

As of December 8, 2025, Assembly Bill A2739 has cleared the Senate and Assembly and is now sitting on Governor Kathy Hochul’s desk. If she signs it, this little-known bill could give homeowners in default a real edge against foreclosure. The law would require mortgage lenders to accept and immediately apply payments made in reliance on a payoff statement – no more excuses, no more “we’ll hold it in suspense.” As long as you pay where and how your lender says to, your money counts toward your loan balance. That’s a big deal because right now, lenders can refuse partial payments or take them without actually reducing what you owe.

Here’s the exciting part: combine this law with the state’s mandatory settlement conferences, and homeowners suddenly have a legally backed, game-changing strategy to slow down foreclosure. You can make installment payments to chip away at your default and potentially save your home – all without needing a full payoff, a modification, or a short sale. It’s a way to fight back while saving time, money, and headaches.

If the bill becomes law, homeowners should be prepared for possible delays or added complexity when requesting payoff statements and making payments. If you’re facing foreclosure and want to make sure every payment counts, contact Lieb at Law, P.C. – because now, your money can finally work for you.

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Brokerages Are Now on the Hook for Agent Telemarketing: What Hollis v. eXp Means for You

Every real estate brokerage should be watching Hollis v. eXp Realty closely, where the court denied eXp Realty’s motion to dismiss, allowing Plaintiff's claims of both direct and vicarious liability to move forward. In this case, eXp is being held responsible for both their own unsolicited telemarketing (like, cold calling and cold texts) and more importantly, the unsolicited telemarketing undertaken by their agents/associated licensees.

The case involves allegations on unsolicited calls made in violation of the Telephone Consumer Protection Act ("TCPA"), which comes with steep penalties of $500 to $1,500 per unlawful call or text. Historically, many real estate brokerages believed that they were insulated from liability because agents/associated licensees were treated as independent contractors so they were not responsible under vicarious liability. However, in the Court's latest ruling, a clear shift occurred where brokerages were told that they can be held accountable when agents/associated licensees, who they supervise, violate the TCPA.

After the denial of their motion-to-dismiss, eXp Realty and the agent defendant filed their answers, and the case is now moving through the discovery process. 

Every brokerage should treat this case as a wake-up call. Now is the time to act. Implement or update TCPA compliance policies, train agents/associated licensees on proper lead-generation practices, prohibit unsolicited autodialed calls and texts, audit marketing systems, CRMs, and third-party vendors, and document compliance and supervision efforts. 

Failing to supervise agents/associated licensees marketing activities is no longer an option, brokerages can be on the hook for agent misconduct.

If your brokerage needs a TCPA compliance audit or guidance on agent supervision, contact Lieb at Law, P.C.

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What Brokers Need to Know About NY’s New Restrictive Covenant Removal Law

Starting on June 3, 2026, NYS A1820A requires sellers of real estate to remove restrictive covenants that discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry. To do this, Real Property Law 327-a requires sellers of servient property (where the covenant has its effect) to submit "a restrictive covenant modification document" to the County Clerk and the purchaser at or prior to closing. A restrictive covenant is a private zoning agreement that (in this scenario) runs with the land. 

Additionally, by June 3, 2027, Condos, Co-ops, and HOAs must "delete or amend any covenants, conditions and restrictions that exist in a recorded document which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, martial status, disability, national origin, source of income, or ancestry." 

If discriminatory restrictions surface in a deal, our litigation team handles these cases. Contact Lieb at Law, P.C. for a case evaluation. 

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You Can't be Fired in NYS for Requesting a Reasonable Accommodation

On December 5, 2025, NYS passed A4898, which amends the New York State Human Rights Law at Executive Law 296(7) to expressly prohibit retaliation against an individual who requests a reasonable accommodation. 

The Bill Jacket explains the scenario which this new law seeks to address as being that "an employee must be granted an accommodation in the workplace, but an employer claims they can legally be fired for asking for it in the first place." This law closes that loophole in all scenarios where an accommodation is required under the law, including at a "workplace, housing, and in certain public settings such as health clinics, hospitals, restaurants, government buildings, retail stores, and more" because "it is a violation under the Human Rights Law to deny a request for an accommodation based on disability (Executive Law § 296(3)(6), (2-a)(d), (14),(10), pregnancy-related condition (Executive Law § 296(3)(a)), religious observances (Executive Law § 296(10)), or domestic violence victim status (Executive Law § 296(22)(6)(1))."

If you’re facing retaliation for asking for an accommodation, Lieb at Law, P.C. handles these cases. Talk to our discrimination team today.

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Foreclosure Abuse Prevention Act (FAPA) Is Now Retroactive. Here’s What That Means for NY Foreclosures.

The Foreclosure Abuse Prevention Act (FAPA), which was enacted in December 2022, stops mortgage lenders from abusing the 6-year statute of limitations in foreclosure actions. FAPA achieves this by confirming that once a lender accelerates a mortgage, demanding the entire loan balance, the acceleration is not automatically revoked (de-accelerated) if the lender voluntarily discontinues the action, thereby preventing the lender from attempting to start a new foreclosure case years later.

However, what happens when this acceleration / de-acceleration stuff happened before 2023? 

 

The NYS Court of Appeals (the state's highest court), just ruled that FAPA has "retroactive effect" in Van Dyke v U.S. Bank, Natl. Assn. to the extent that it is invoked in a case where "a final judgment of foreclosure and sale has not been enforced." 

So, even for older cases, FAPA needs to be evaluated. 

If you have such a loan, you should consider bringing a quiet title action to remove the mortgage from your homeownership. If you’re facing a foreclosure or challenging an old acceleration, get legal help now from Lieb at Law, P.C. Our litigation team can review your timeline and use FAPA to protect your home. 

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NY’s New False Advertising Amendment Puts Businesses at Risk

On January 20, 2026, NYS plugged a real problem with false advertising throughout the State by amending General Business Law § 350-a, by A4575, to add new subsection (2), which now provides:

Any written or electronic communication which simulates a document authorized, issued or approved by any court, official, agency of this state or a political subdivision thereof, or of another state or official governmental entity, foreign or domestic, or which creates a false impression as to such document's source, authorization or approval, shall be considered false advertising unless the person, firm, corporation or association, or agent or employee thereof, has received express permission from such court, official, or agency for the use of such document. This subdivision shall be construed to prohibit any false representation or implication, written or verbal, that a person, firm, corporation or association, or agent or employee thereof, selling a commodity or service is vouched for, approved of, bonded by, operating with or on behalf of, or otherwise affiliated with this state or a political subdivision thereof, or of another state or official governmental entity, foreign or domestic, unless such person, firm, corporation or association, or agent or employee thereof, has received express permission from such state or political subdivision for such affiliation.

Businesses are now on notice to stop stating or implying that they have anything to do with being approved by government, unless they receive permission to do so. If you've ever gotten something about obtaining your deed for your house to avoid deed theft, you know exactly what this is all about. So often citizens are manipulated by companies who appear official when they are not. Under the statute, any person injured by such false advertising may bring an action to enjoin the unlawful act or practice and recover damages. Specifically, the statute (GBL § 350-d) provides for recovery of actual damages or $5,000, whichever is greater. Additionally, courts have discretion to increase the award of damages to an amount not exceeding three times the actual damages, up to $15,000, if the defendant is found to have willfully or knowingly violated the statute. Reasonable attorney's fees may also be awarded to a prevailing plaintiff. To make matters worse for businesses who falsely advertise, class actions for actual damages under GBL § 350-a are permissible, provided the plaintiffs waive claims for minimum or punitive damages. 

Businesses better audit their advertising today.  Facing a false-advertising class action? Get a defense team that actually knows GBL § 350-a. Contact Lieb at Law.

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Can a CEO Fire You for Cheating? The Legal Issues Behind the Natalie Dawson Story

Is Cardone Ventures Discriminating by This Post and These Actions?

American CEO Natalie Dawson, president of Cardone Ventures, has sparked debate after revealing she fired two employees for cheating on their partners. Speaking on The Diary of a CEO podcast, Dawson explained that she immediately terminated the employees upon learning about the infidelity, believing that personal dishonesty reflects professional unreliability.

For her, integrity in personal and professional life is intertwined, and she considers cheating employees a liability to the company culture and environment. While some support her commitment to ethics, others criticize her for blurring private and work boundaries.

#NatalieDawson #CEO #Integrity #WorkplaceEthics #Leadership #Infidelity #USNews #CorporateCulture #Accountability #BreakingNews #fblifestyle 

It really depends on the facts, but if you were terminated, you should take a deep look into this one.

Specifically, how did the CEO learn about the infidelity? Was it from an out-of-wedlock pregnancy? If yes, that can constitute sexual harassment under Title VII because only a woman can get pregnant.

Here is another angle: Is this CEO acting on religious grounds and trying to impose her beliefs on her staff? If so, that may constitute religious discrimination. A federal court explained earlier this year:

“The plaintiff must assert that an adverse employment action was taken because of a discriminatory motive based upon the employee’s failure to hold or follow her employer’s religious beliefs.”

— Owens v. City of New York Dep't of Educ., No. 21-2875, 2022 WL 17844279, at *2 (2d Cir. Dec. 22, 2022))." Maas v JTM Provisions Co., Inc., 1:23-CV-00076-JPH, 2025 WL 823671, at *4 [SD Ohio Mar. 13, 2025]

Think your firing crossed a legal line?

Lieb at Law handles discrimination and wrongful termination cases across NY, NJ, and CT.
Talk to an attorney today.

Contact Us

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Federal Court Finds Religious Discrimination in Old Westbury Zoning Code

The United States District Court for the Eastern District of New York (EDNY), in Lubavitch of Old Westbury, Inc. and Rabbi Aaron Konikov v. Incorporated Village of Old Westbury, New York delivered a strong reminder to municipalities: zoning codes cannot discriminate against religious institutions. 

The long running dispute centered on the "adoption of a land use statute aimed at places of worship". In striking down the law, EDNY emphasized that "[o]fficial action 'burdening religious conduct that is not both neutral and generally applicable, however, is subject to strict scrutiny,'" which is violated where "they treat any comparable secular activity more favorably than religious exercise." Here, the Court found exactly that - a violation. 

Seventeen years of litigation later, the question remains: why wasn’t the Chabad simply allowed to build its house of worship? From a reading of this case, it’s hard to see why the Village of Old Westbury has fought so long rather than just letting them build it.

If your religious organization is facing discriminatory land use restrictions, attorneys at Lieb at Law, P.C. can help evaluate your case. 

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NYC School Bias Case Dismissed — The Court Demands Specific Proof of Causation

NYS' highest Court, the Court of Appeals, ruled in IntegrateNYC, Inc. v. State of New York that claims that NYC Public Schools discriminate by their "admissions and screening policies, curriculum content, and lack of diversity among the teacher workforce... fail as a matter of law." However, the real takeaway was that even, under a "liberal standard applied on a motion to dismiss" where facts are presumed true, a Plaintiff cannot make conclusions of causation without allegations of fact in a discrimination lawsuit. Simply, Plaintiffs need to get granular to win and if defending, a defendant would be well served to point out that it's all conclusory when dismissal is sought. 

This case was brought under the Education Article and the Equal Protection of Law of the NYS Constitution and the NYS Human Rights Law [Executive Law 296(4)]. For each claim, the Court reminds us of the requirements as follows:

• "A claim brought under the Education Article... [requires] 'first, that the State fails to provide [plaintiffs] a sound basic education in that it provides deficient inputs—teaching, facilities and instrumentalities of learning—which lead to deficient outputs such as test results and graduation rates'...[s]econd, plaintiffs must sufficiently allege causation—that the deficient outputs are “causally connected” to the claimed input deficiencies... [where] the deficiencies complained of must represent a 'district-wide failure'... [and it] requires allegations of a “gross and glaring inadequacy” in the quality of education being provided."
• "To state an Equal Protection claim based on disproportionate impact of a facially neutral action or policy, a plaintiff must show '[p]roof of racially discriminatory intent or purpose'."
• Under the NYSHRL, it is "an unlawful discriminatory practice for an educational institution to deny the use of its facilities to any person otherwise qualified, or to permit the harassment of any student or applicant, by reason of his race . . ."

In making its decision, the Court pointed out that it is undecided whether "disparate educational outcomes alone could in some circumstances sustain such a claim." But, more importantly, the Court made a stark observation that should be noted by all Plaintiffs and Defendants in discrimination cases - a complaint fails where it does not include specifics. A complaint will be dismissed where it relies on "plaintiffs' conclusory allegations, such as here, where Plaintiff just plead 'but for the discriminatory admissions testing,' Black and Latino students 'would not have been excluded'." The Court needed more and without it, the case was dismissed. 

Think you have a discrimination case? Use our Discrimination Case Checker to see if your claim meets the legal standards set by New York’s highest court.

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Employee Resource Groups are Discriminatory per DOJ - Here Comes Reverse Discrimination Claims

The US Justice Department Released its Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination. Yet, the real takeaway is not about funding at all. Instead, the key is that Employee Resource Groups are discriminatory. Specifically, the Guidance reads that an initiative that "designates a 'safe space' or lounge exclusively for... a specific racial or ethnic group" is an example of unlawful practices. In that vein, DOJ recommends that "[a]ll worplace programs, activities, and resources should be open to all qualified individuals, regardless of race, sex, or other protected characteristics. Avoid organizing groups or sessions that exclude participants based on protected traits. Some sex separation is necessary where biological differences implicate privacy, safety, or athletic opportunity." If you were excluded from such a program, activity, or resource based on your sex or race, or any other protected characteristic, you may now have a claim for discrimination according to DOJ. 

If you were excluded from a workplace group or denied access to an employee program based on your sex, race, or another protected characteristic, contact Lieb at Law, P.C. to discuss your potential discrimination claim. Our attorneys handle complex workplace discrimination cases across New York, New Jersey, and Connecticut.

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NYS' Highest Court Addresses a Good Guy Guaranty Conditioned on Tenant's Surrender

Does a surrender require acceptance for it be effective in landlord / tenant law? Well, that really depends on the lease as we recently learned from NYS' highest court, the Court of Appeals. Before the Court was a good guy guaranty being litigated. "[A] 'good guy' guaranty is a limited guaranty in which the guarantor’s obligation extends only up to the point that the tenant surrenders the premises to the landlord, leaving the tenant solely responsible for rent due from that point forward" according to the Court in 1995 CAM LLC v. West Side Advisors, LLC, et al. This is a huge reminder because in commercial real estate litigation, tenants are often dumbfounded to learn that the good guy guaranty does not excuse the tenant from liability, just the guarantor. Regardless, the case before the highest court was far more nuanced and involved another real issue that frequently arises in commercial real estate litigation - the interplay of a tenant vacating a tenancy and a landlord accepting a surrender. Stated otherwise, the Court needed to determine whether the guarantor's "liability ends with [tenant's] surrender of possession, or with [landlord's] acceptance of surrender." In deciding this issue, and while being mindful that the contractual language at issue could change the result, the Court found that the landlord's acceptance of surrender was irrelevant to the issue because acceptance would result in the landlord never accepting and the lease running its course and therefore, the good guy language of the lease would be superfluous. Therefore, the Court reminded us that "[i]mportantly, an interpretation that renders language in the guaranty superfluous is “a view unsupportable under standard principles of contract interpretation” (Lawyers’ Fund for Client Protection of State of N.Y. v Bank Leumi Tr. Co. of New York, 94 NY2d 398, 404 [2000]).

Litigation over a lease or guaranty?
Lieb at Law’s litigation team represents landlords in high-stakes real estate disputes across New York, New Jersey and Connecticut. Contact us to build your case.

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Rent Check Bounced? A New NY Law Just Capped What Landlords Can Charge You

Ever bounced a rent check and been hit with a random “returned payment” fee that felt way higher than it should be? A new law in New York just put a stop to that.

As of October 16, 2025, New York landlords can no longer charge tenants excessive fees when a rent check bounces. This new law, passed as Assembly Bill A56, makes it clear that landlords can only charge tenants for the actual cost they incur when a check is dishonored.

That means no more flat “penalty” fees or inflated charges that go beyond what the bank actually billed the landlord. And here’s the kicker: landlords can only charge this fee if it’s specifically written into the lease. If it’s not in the lease, they can’t demand it later.

What do you think, does this law strike the right balance between protecting tenants and covering landlords’ real costs? 

#StopTheIck

Reddit Story: My Boss Lifted My Skirt to “Check Dress Code” — This Is Why We Say #STOPTHEICK

“He said my outfit was ‘too suggestive’ but that it would be fine to wear if I was his personal assistant. Then he stood up, lifted my skirt, and put his hand down my underwear. He said, ‘if I can do this, it’s breaking dress code.’”

— Reddit user, r/TwoXChromosomes

A young woman posted this after starting her first job as a front-desk receptionist. Her boss made “offhand jokes,” calling her eye candy and saying front-desk work was “a woman’s job.” She brushed it off. Most of us do because we’re told to be professional, not make it weird, and keep our heads down.

But this story shows what happens when the ick goes unchecked. What started as comments escalated into assault.

It Starts With the Ick

That uncomfortable feeling in your gut when someone in power jokes about your body or clothes? That’s not oversensitivity. That’s your instincts warning you. That’s the ick.

When workplaces ignore it when people say “he didn’t mean it like that” the behavior festers until someone gets hurt.

Here’s the Truth

What this boss did is not a “misunderstanding.” It’s sexual assault and workplace discrimination. 

Yet, that's not even the point - the point is you can't give an inch when you get the ick. Even if the statements weren't severe and pervasive enough or even if they were just petty slights or trivial inconveniences, too many people focus on whose right? Instead, you need to focus on #STOPTHEICK before you even get to whether there is a hostile environment case because an unchecked hostile environment often turns into sexual assault. 

Just so you know, you are protected under both federal law and state laws across the tri-state area that make this conduct illegal:

• ⚖️ Title VII of the Civil Rights Act of 1964 (Federal): Applies to nearly all U.S. workplaces.
• ⚖️ New York State & New York City Human Rights Laws: Prohibit any unwelcome sexual conduct, even one incident.
• ⚖️ New Jersey Law Against Discrimination (LAD): Protects employees from harassment, retaliation, and hostile work environments.
• ⚖️ Connecticut Fair Employment Practices Act (CFEPA): Bans sexual harassment and protects anyone who reports it.

These laws make sexual harassment and assault illegal in every workplace. They protect employees from unwanted sexual contact, comments, advances, and any retaliation for reporting misconduct.

You don’t have to scream or fight back for it to count. Freezing is a trauma response, not consent.

Retaliation is illegal. You cannot legally be fired, demoted, or punished for speaking up.

You have legal options:

• 📄 File a complaint with HR, the EEOC, or your state or city human-rights agency.
• 🧑‍⚖️ Bring a lawsuit against an employer or coworker who violated your rights.
• 💼 Negotiate severance or settlement through an employment attorney.
• 🔐 Keep everything confidential, you decide how and when to share your story.

If this happened to you, you are protected under federal law and your state’s law and you are not alone.

Why We Say #STOPTHEICK

“Jokes,” “compliments,” and “dress-code talks” like this aren’t harmless they’re warning signs of cultures that excuse abuse. More so, that boss was testing you to see what he could get away with and thought it was okay to put his hand down your pants. Every ignored ick is an open door for someone to cross another and further line.

Calling it out isn’t overreacting. It’s prevention. It’s how we keep workplaces safe, equal, and human.

If You’ve Experienced This

You are not alone. You are not to blame. And you have rights.

Get confidential help at www.stoptheick.com or contact Lieb at Law, P.C. at (646) 216-8009.

Know Your Rights Call for Help

#StopTheIck #WorkplaceHarassment #SexualHarassmentAwareness #YouAreNotAlone #EndWorkplaceAbuse

This post is part of our #StopTheIck series. We highlight real stories shared online about workplace harassment, discrimination, and abuse and break down the rights and protections that exist under the law. Have a link you want us to cover? Submit it here.

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Sexual Favors as a Condition of Tenancy Violate Fair Housing Act and New York State Human Rights Law

Instagram has a post that reads - "Sex for Rent Agreements Becoming Increasingly Popular in Canada" and its got a lot of likes and traction. 

Not sure what's happening north of the border, but in the US, that "agreement" clearly violates the Fair Housing Act and state laws, like the New York State Human Rights Law. Simply, a landlord, who is in a position of power cannot condition a tenancy, rental payments, or services (like maintenance) relevant thereto on receiving sexual favors or sexually charged pictures, or, even sexual talk. To be certain, a tenant can go so far as having sex or providing sexual favors to their landlord and still sue their landlord for discrimination by arguing that the tenant's act of participating in sexual acts doesn't change those acts into being welcomed (a key word in discrimination law); that power differential just won't go away when quid pro quo discrimination happens (i.e., trading a sexual favor for a positive term of the tenancy). If you are not yet convinced, check out landlord Edwin Allen who was reported to be ordered by a jury to pay his tenant $10,000,000* for increasing her rent and threatening to evict her to pressure her for sex. This is actionable discrimination. The Civil Rights Division of the Department of Justice even has its own Sexual Harassment in Housing Initiative - Be warned. 

* That doesn't make all cases worth this amount or anything at all, but it certainly paints a risk assessment. 

If you’ve experienced or been accused of sexual harassment in housing, contact Lieb at Law, P.C. Our discrimination attorneys handle cases across New York, New Jersey, and Connecticut.
👉 Speak with a Housing Discrimination Attorney

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FMLA Just Got Messy: DOL Redefines “Normal Workweek” for Shift Workers

Employees with irregular or extended schedules (like correctional officers, nurses, EMTs, and other shift-based workers) have a new way to calculate Family and Medical Leave Act (FMLA) entitlements per a DOL Opinion Letter, FMLA2025-02-A (Sept. 30, 2025). In summary, under the Opinion Letter, FMLA hours are based on the actual “normal workweek,” not a standardized 40-hour figure, where mandatory overtime now counts, but voluntary overtime does not. As a result, an employee’s 12 weeks of FMLA leave must reflect that employee’s schedule, not a default 40-hour standard. For example, a correctional officer working 84 hours every two weeks (12-hour shifts, mandatory overtime included) is entitled to 504 hours of FMLA leave, not 480. Employers must also deduct leave on that same basis: hours actually missed from the normally scheduled workweek. To put it simply, if an employee skips required overtime because of FMLA leave, those hours count against their entitlement. But if they skip voluntary overtime, it doesn’t.

Simply, under the Opinion Letter, DOL drew a fuzzy (and litigable) line between “mandatory” and “voluntary.” These types of fuzzy lines result in litigation where an employee will claim that they were ‘pressured’ to pick up shifts or 'strongly suggested’ to take extra hours. Rather than clarifying the rules, the DOL has created a new battleground for disputes over scheduling language and payroll records. Employers are now left to prove, retroactively, that a shift was truly voluntary. Employers with shift differentials, rotating schedules, or recurring overtime must audit how they calculate FMLA entitlement and usage. HR systems that default to a 40-hour week are officially outdated. The DOL has made it clear that if your FMLA math doesn’t match your reality, you’re violating federal law.

The bottom line is that employers, especially in public safety and healthcare, need to redefine their policies before the lawsuits hit. Audit your “mandatory” overtime definitions, verify your FMLA tracking system, and get your documentation airtight. Because after this Opinion Letter, one miscounted hour could mean an FMLA interference claim.

Don’t wait for an FMLA lawsuit to expose your timekeeping gaps.

📞 Contact Lieb at Law, P.C. to audit your overtime policies, HR systems, and FMLA compliance before enforcement begins. Call Lieb at Law, P.C. 646-216-8009. 

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90 Day Notice Required As Condition Precedent to Condo / Homeowners' Association Enforcement of Lien Action

Homeowners' association and condominium boards must now provide, at least, a 90 day notice prior to commencing an action to enforce a lien for unpaid common charges, assessments, fines or fees pursuant to s7413. This notice must be provided to both the property address and any other address of record in at least fourteen point type and it must include the specific amount due. 

If you're a board member or managing agent, make sure your lien enforcement process complies with the new 90-day notice rule.
📞 Contact Lieb at Law, P.C. to review your HOA or condo’s collection procedures and avoid costly legal missteps. 

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PropTech Beware: NYS Amends Donnelly Act to Ban Algorithmic Rent Pricing

The NYS Donnelly Act (Anti-Monopolies) has been expanded by S7882, which is effective on December 15, 2025, and now algorithms utilized for price fixing residential rental properties are distinctly prohibited under NYS's anti-monopoly legislation, by the state establishing a lower reckless disregard standard to prove culpability that does not otherwise exist in Article 22 of the General Business Law. As a result, PropTech companies need to shift their resources, in NYS, to focus on pre-development legal viability reports rather than post-development litigation defense. In targeting PropTech, rather than universally applying a reckless disregard standard to the Donnelly Act, which otherwise prohibits two or more entities from intentionally entering an agreement to price fix, NYS is legislating against startups. The legislation prohibits residential landlords from utilizing algorithms to coordinate their pricing. However, the Donnelly Act (NYS), and also the Sherman Act (Federally), already prohibit concerted action by two or more independent entities through agreement. So, why is NYS targeting a specific industry with a lower standard rather than price fixing, in general? The question begs why is "operating or licensing a software, data analytics service, or algorithmic device" or the industry of "residential rental property owners or managers" special in NYS. Does protecting residential rentals serve a greater public good than promoting PropTech development in the eyes of our government? Either way, startups and other tech firms needs to pay attention to this law change and, unfortunately, they are traditionally the type of industry that asks for forgiveness rather than permission. Only now, the need for a legal viability report in PropTech is even more important because otherwise the lawsuits will be coming based on this lower standard of proof necessary to recover treble damages, attorneys'' fees and costs. These lawsuits are going to be filed based on private rights of action, action by the AG, and there are even criminal penalties spelled out in the Act. So, PropTech, be warned. 

Consult Lieb at Law for a PropTech Legal Viability Review. Our attorneys can evaluate whether your algorithms, data-sharing models, or partnerships expose you to treble damages or criminal liability under the new Donnelly Act standard.

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New York Expands Human Rights Law to Ban Discrimination in Real Estate Appraisals

On October 16, 2025, A6689 was signed into law and now New Yorkers are protected from discrimination in real estate appraisal services by the New York State Human Rights Law. 

This bill expands the New York State Human Rights Law, at Executive Law 296, by enacting new paragraph (h), which now provides:

IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON TO DISCRIMINATE AGAINST ANY INDIVIDUAL IN MAKING REAL ESTATE APPRAISAL SERVICES AVAILABLE OR TO BASE A REAL ESTATE APPRAISAL, ESTIMATE, OR OPINION OF VALUE ON THE RACE, CREED, COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, AGE, DISABILITY, MARITAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL SOURCE OF INCOME, OR FAMILIAL STATUS OF EITHER THE PROSPECTIVE OWNERS OR OCCUPANTS OF THE REAL PROPERTY, THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTY, OR THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTIES IN THE VICINITY OF THE PROPERTY. NOTHING IN THIS SECTION SHALL PROHIBIT A REAL ESTATE APPRAISER FROM TAKING INTO CONSIDERATION FACTORS OTHER THAN RACE, CREED, COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, AGE, DISABILITY, MARITAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL SOURCE OF INCOME, OR FAMILIAL STATUS.

The bill also provides license law procedures to enforce discriminatory violations by appraisers, including a fine, suspension, or revocation of licensing statute. It finally creates funding for an anti-discrimination in housing fund to be administered by the AG to test fair housing compliance. 

If you believe you’ve been a victim of appraisal discrimination or need guidance on compliance with the New York State Human Rights Law, contact Lieb at Law, P.C. at 646.216.8009 to speak with an attorney experienced in real estate discrimination litigation.

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