LIEB BLOG

How current events impact business & real estate

Showing posts with label #NewYorkState. Show all posts
Showing posts with label #NewYorkState. Show all posts

Thursday, June 10, 2021

NYS Cannabinoid Hemp Licensing May Became Much More Challenging to Obtain

Those looking to apply for Cannabinoid Hemp Licensing in NYS to process, sell, or distribute cannabinoid hemp products may have to jump through several more hoops in the application process due to new proposed regulations.


If adopted, the regulations will require that licensing applications to manufacture cannabinoid hemp products in NYS be accompanied by: 

  1. A summary and description of the products the applicant intends to make; 
  2. Proof of liability insurance;
  3. Evidence of good manufacturing practices; and 
  4. Copies of organizational documents. 


Similarly, an application to sell cannabinoid hemp products will be required to be accompanied by: 

  • A summary and description of the type of product intended for sale;
  • The name and country of origin of the distributor; and 
  • Verification that the applicant will not sell inhalable cannabinoid hemp products to consumers under 21.   


Additionally, even if an cannabinoid hemp processor application is approved, the applicant must still submit numerous items in order to receive a final license (e.g., copy of certificate of occupancy for facility, evidence of Good Manufacturing Practices Audit, and proof of product liability). 


Do you think these additional hurdles in the cannabinoid hemp licensing application process will scare away entrepreneurs from applying for a license?  


If you don't agree or think these proposed regulations are too onerous, you can make your voice heard until July 19, 2021 by emailing: regsqna@health.ny.gov - use I.D. No. HLT-45-20-00002-RP in your subject. 


Are you going to make your voice heard?




Thursday, June 03, 2021

As the National Ban on Evictions will be Lifted in June, There Will be a Rise of Evictions

With about 11 million Americans reported to be behind on their rent, experts predict that the number of evictions will increase when the national ban on evictions will be lifted on June 30th. New York State has extended the eviction and foreclosure moratoriums on both residential and commercial properties to August 31st, 2021. (A.7175)

While some states are still struggling to distribute the $45 billion in rental assistance, many renters continue to be behind on their housing payments.

If you would like to apply for rental assistance in NY, follow this link.

Have you applied for rental assistance?





Thursday, March 18, 2021

Fair Housing Education Now Mandatory for Appraisers

On March 17, 2021, NYS adopted a new regulation to be effective January 1, 2022, that mandates fair housing education as a condition of license renewal for appraisers.

The following subjects and number of hours are required under this new regulation:

(A) 7 Hour Introduction to Fair Housing and Fair Lending Instruction

        (1) Fair housing, fair lending requirements, and the history of lending, 2 hours

        (2) Development of appraisal (standard 1 USPAP), 1.5 hours

        (3) Reporting of appraisal reports (standard 2 USPAP), 1.5 hours

        (4) Case Studies, 2 hours

(B) 4 Hour Update to Fair Housing and Fair Lending Instruction

        (1) Fair housing, fair lending requirements, and the history of lending, 1 hour

        (2) Development of appraisal (standard 1 USPAP), 1 hour

        (3) Reporting of appraisal reports (standard 2 USPAP), 1hour

        (4) Case Studies, 1 hour

While it may be important to have additional fair housing education, how much education on fair housing is considered enough?

Should a 7-hour course on the introduction and a 4-hour update necessary to renew a license or certification, or should it be more or less?

Do you agree with NYS or how would you do it differently if you were in charge?




Tuesday, March 02, 2021

RE Closings: “Filthy” Condition is Broom Clean?

When selling a home, the contract may require that the home be in broom clean condition at closing.

Broom clean condition is a term often used to describe the condition of a home at the transfer of title (i.e., at closing). But what does it really mean to leave a home in broom clean condition?

In Witter v. Nitschke, the buyers claimed that the property was delivered in “filthy” condition, testifying that they observed hair in the bathrooms, dust and crumbs in the kitchen drawers, and cob webs and a dead fly on a window sill. However, the Court ruled that the premise was broom clean.

As the Court explained, “‘[B]room clean’ does not impose the duty on the seller to have the property professionally cleaned… If the buyers desire to have the property professionally cleaned at delivery of possession to the buyers the buyers need to negotiate a ‘professionally clean’ condition, rather than a ‘broom clean’ condition.”

All broom clean requires is that a home is cleared of all personal items, free of garbage, refuse, trash, and other debris.

Have you ever bought a house that required professional cleaning before you moved in? Are you going to require sellers to deliver it professionally cleaned in the future? Maybe you should.