LIEB BLOG

Legal Media Analysts

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

Wednesday, February 09, 2022

New York Establishes Office of the Advocate for People with Disabilities

New law establishes Office of the Advocate for People with Disabilities. The Office assures that disabled people are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of New York.

Operating under the Department of State, the Office shall advise and assist state agencies in developing policies designed to help meet the needs of the disabled by:

  • Coordinating the implementation of the Americans with Disabilities Act;
  • Ensuring that state programs do not discriminate against disabled people; 
  • Ensuring that programs provide appropriate services for disabled individuals; and 
  • Working with state agencies to develop legislation and potential regulatory changes.
The Office will be headed by a Director, appointed by the Governor. 

Landlords should be actively removing barriers to access so that this new Advocate doesn't bring suit against them for violations of the Americans with Disabilities Act (ADA). 



Wednesday, November 10, 2021

Foreclosure Alert - Lenders Required to Provide Single Point of Contact to Borrowers

Starting January 2, 2022, borrowers negotiating a loan modification have a right to a single point of contact at their lender.


On November 3, 2021, Governor Hochul signed BillS671 into law, which amends Section 6-o to the banking law, and starting on January 3, 2022, upon written request by the borrower, lenders will be required to provide borrowers with a single point of contact who must provide accurate account and other information related to the foreclosure process and loss mitigation efforts.


This is huge because many mortgage modifications are functionally blocked by a lack of access to lenders rather than based upon qualification criteria. As the foreclosure moratorium is coming to an end on January 15, 2022 and a wave of foreclosures are about to hit New York State, this is a needed law for borrowers, and their attorneys, to settle cases.




Thursday, November 04, 2021

Builders Required to Provide Cost Estimate of Fire Sprinkler System Beginning September 1, 2022


Starting September 1, 2022, prospective buyers of newly built one or two-family homes will now become aware of the possibility of a fire damaging their home, and have the opportunity to reduce this risk prior to even beginning construction.

 

On November 4, 2021, Governor Hochul signed Bill S1383 into law, which amends Section 759-a of the General Business Law. Beginning September 1, 2022, builders of one- or two-family homes with less than three stories will be required to provide a buyer with a cost estimate for the installation and maintenance of an automatic fire sprinkler system. The builder must also provide a copy of written materials prepared by the office of fire prevention and control which details the benefits of and includes factors that can affect the costs associated with the installation and maintenance of an automatic fire sprinkler. If the buyer requests the installation of the automatic fire sprinkler system, the builder shall install it at the buyer’s expense.

 

Fire Sprinkler systems are an effective device in the event of a fire and are not uncommon. Many structures such as commercial buildings and multi-family homes are required to install such devices in the State of New York. The justifications for this bill seem very convincing, and this bill will allow prospective homeowners who are planning new construction with a cost estimate for installation of a fire sprinkler system which could ultimately, save their house or even more importantly, their lives.

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.