Tuesday, September 01, 2020
Legally Speaking: Rentals, Rights, Reality...What's a Landlord to do?
Wednesday, August 26, 2020
Wage & Hour Litigation is Coming from Remote Workers
Tuesday, August 25, 2020
Discrimination: Disabled's Right to Reasonable Accommodation to Eliminate Possible Exposure to COVID in the Workplace
In plain English, if you have an employee with a pre-existing disability that either "puts her at greater risk during this pandemic" or, if such disability will be "exacerbated by the pandemic," and such employee requests a reasonable accommodation, then, you better either grant that request or engage in the "interactive process" to avoid getting sued.
Monday, August 24, 2020
Homeless Housing: Issues, Ethics, & Options (4 Part Podcast)
On Sunday, 8/23/20, between 12pm and 1pm on WRCN 103.9FM, LIEBCAST aired an hour episode on Homeless Housing.
The conversation was inspired by the Facebook Group - Upper West Siders for Safer Streets. With well over 11k members in under a month - this group was formed in response to rising crime and safety concerns after 3 luxury hotels in the neighborhood were converted into homeless shelters.
We start the episode with a conversation on ethics and we breakdown how successful businesses succeed with ethical discretion in the context of contractual obligations and the law.
We thereafter bring on a representative from the Facebook Group - Upper West Siders for Safer Streets.
Then, we go deep into the following topics:
- Real estate value losses / underwater real estate
- How a hotel can become a homeless shelter
- Unraveling whether homeless people are more likely to be drug users, sex offenders, substance abusers and mentally unstable
- The De Blasio Administration
- Safety, Crime and Police Action in NYC
- Where to relocate homeless people
Thursday, August 13, 2020
HIV Patients Have Right to Cosmetic Surgery
The Federal Courts, in the Southern District of New York, awarded $125,000 to each individual who was denied cosmetic surgery due to their HIV-Positive status in interesting discrimination case.
The case was brought under Title III of the Americans with Disabilities Act of 1990 (ADA) and the New York City Human Rights Law.
The penalty was based upon the HIV-Positive individuals' traumatic experiences, resulting in significant feelings of humiliation, shock, and worthlessness, as well as anxiety, stress, sleeplessness, and feelings of stigma and humiliation.
Again, $125,000 was awarded to each victim of discrimination who experienced emotional distress.
What do you think the award should have been?
- Nothing
- $20,000
- $125,000
- $1,000,000
Tuesday, August 11, 2020
New Law Alert - Emotional Support / Service Animal Anti-Discrimination Rights Codified
On August 11, 2020, NYS passed a law that clarifies "that reasonable accommodation to enable a person with a disability to use and enjoy a dwelling includes the use of an animal to alleviate the symptoms or effects of a disability."
This codification exists at Executive Law 296(2-a)(d)(2) and (18)(2) and explicitly states that refusing "to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, INCLUDING THE USE OF AN ANIMAL AS A REASONABLE ACCOMMODATION TO ALLEVIATE SYMPTOMS OR EFFECTS OF A DISABILITY, AND including reasonable modification to common use portions of the dwelling."
This new law is effective immediately.
If you'd like to learn more about service animals, therapy animals, emotional support animals, comfort animals and discrimination lawsuits, read my article in the American Bar Association's Section of Litigation - The Intersection of Pet Policies and Anti-Discrimination Laws in Real Estate.
Thursday, August 06, 2020
Mortgage Lender Warning - No Consideration Deed
Title Litigation - Resolving a Boundary Line Dispute
Where such discrepancies exist in property descriptions, ‘the rules of construction require that resort be had first to natural objects, second to artificial objects, third to adjacent boundaries, fourth to courses and distances and last to quantity’
Title Insurance - Read Your Policy Before You Sue Your Insurer to Take Action

Tuesday, July 21, 2020
Foreclosure Tsunami Coming - Litigation Checklist
According to CNBC, "32% of U.S. households missed their July housing payments" based on a survey by Apartment List, which also advises that 17% of "homeowners [are] concerned about foreclosure."
To prepare for the tsunami, we are giving you our 10-Point Inspection Checklist to evaluate a foreclosure case. Whether we are representing the lender or the borrower, we utilize this list to evaluate the strength of the case, which, when coupled with an evaluation of the borrower's current mortgage terms (i.e., L/V ratio front end/back end, interest rate, principal, interest to date, penalties, attorneys' fees, months of missed payments, prior modifications/forbearances, etc.) is how we assess whether a modification, or other workout, should be considered.
10 Point Inspection Checklist:
- Standing of plaintiff (owner / holder of note on date of commencement or authorized agent of such owner / holder pursuant to Pooling and Servicing Agreement or other agreement)
- Record admissibility (swearing to business records of another entity; failure to attach business records to affidavits)
- RPAPL 1303 / 1304 / 1305 / 1306 compliance
- Acceleration / Deacceleration (statute of limitations)
- Notices tendered in satisfaction of note terms
- Lis Pendens filing
- Payment history for default calculations / date (requisite missed months for default requirement in note / aligned with notices / statute of limitations)
- Default on Answer with time since settlement conference for late answer availability
- Service / personal jurisdiction issues
- Pleadings requirements (Certificate of Merit - CPLR 3012-B, RPAPL 1302)
In our upcoming Real Estate Investing shows, WRCN / FM 103.9 / Sundays at Noon, we will be breaking down this list into plain English and showing you how to litigate foreclosure cases whether you are the lender or the borrower.
Tuesday, June 30, 2020
NY's Eviction Moratorium is Constitutional - Read What Else the Court Tells Us
We aren't going to discuss the results, beyond saying the Court ruled that Governor Cuomo can legally suspend evictions and more during a pandemic.
We focus on these other gems given to us by the Court - Every property investor (landlord, property manager, broker, flipper, etc.) should read and accept this reality before getting into the investment game:
Evicting a tenant – especially a residential tenant – in New York is a slow, cumbersome and extremely tenant-favorable process, especially when compared to analogous procedures in other states.
Governor Cuomo did nothing to impede the commencement of holdover proceedings… Nor does EO 202.28 suspend[] the landlords’ right to initiate a common law breach of contract action in the New York State Supreme Court to redress a tenant’s failure to perform its payment obligations under his or her lease.
Tenants will continue to accrue arrearages, which the landlord will be able to collect with interest once the Order has expired.
One who chooses to engage in a publicly regulated business… by so doing surrenders his right to unfettered discretion as to how to conduct same.
The expected costs of foreseeable future regulation are already presumed to be priced into the contracts formed under the prior regulation
New York landlords do not enjoy a constitutional right to realize a profit from their rental properties – let alone all the profits contemplated in each of their individual rental agreements.
If the tenant uses the security deposit to pay a month’s rent, and the tenancy ends before the deposit is fully replenished, the landlord can obtain a judgment for the amount expended in repairs.A special shout-out to the eviction explanation -
To secure an eviction warrant from the housing courts, a New York landlord must serve the tenant a notice of nonreceipt of payment, and give the tenant one final chance to pay by making a demand of payment within 14 days. If the landlord is still owed payment after two weeks have passed, he may commence what is known as a summary proceeding by filing a petition in the civil court, returnable by the tenant within 10 days. If the tenant does not respond in ten days, the court may (but rarely does) issue an eviction warrant immediately. However, if the tenant does respond, however, a trial is set for eight days hence. The trial may be adjourned up to ten additional days if the parties so require in order to produce their witnesses. If, after trial, a judgment is entered for the landlord and the court issues a warrant for eviction, the Sheriff must give the tenant 14 days’ notice in writing prior to execution. There are the usual provisions for appeal and stays issue routinely so that non-defaulting tenants are not evicted before their cases are fully reviewed. But even if the evidence supports a judgment for the landlord, the housing court is not required to order the tenant’s immediate eviction. A tenant may obtain a stay of the issuance of the warrant for up to one year by showing that ‘it would occasion extreme hardship to the tenant or the tenant’s family if the stay were not granted’. Such stays are far from uncommon.Still think that being a landlord is for you?
This hasn't diminished our motivation to invest in real estate, but as the Court makes clear - we respect the rules and adjust our prices / reserves to account for more rules in the future.
Some years there are less rules and other years there are more, but we know that a keen understanding of the rules will make us profitable as property investors.
If you want profitability too, you need to increase your compliance budget immediately and respect the rules of the game because, as you can see, fighting the governor's office is a losing battle.
Wednesday, June 24, 2020
New Rules for Residential and Commercial Foreclosure Proceedings
- A form plaintiff’s attorney affirmation, indicating that counsel has reviewed the various state and federal restrictions and qualifications on foreclosure proceedings and believes in good faith that the proceeding is consistent with those restrictions and qualifications; and
- A form notice to defendants-tenants (in English and Spanish), informing them that they may be eligible for an extension of time to respond to the complaint in light of legal directives related to the COVID-10 pandemic, and directing them to a website link for further information.
- Foreclosure matters wherein all parties are represented by counsel may be calendared for both initial and follow-up virtual settlement conferences;
- Lenders may move for a judgment of foreclosure and sale on the ground that a property is vacant and abandoned; and
- Lenders may also move to discontinue a pending case.
Tuesday, June 23, 2020
Friday, June 19, 2020
Courts to Reopen for Eviction Proceedings, New Forms Required
Beginning June 20, 2020, courts will accept new eviction matters – statewide eviction moratorium expires (Executive Order 202.28).
To facilitate this, the Chief Administrative Judge released a memorandum setting the procedures for residential and commercial eviction proceedings in New York State.
Now, commencement documents in eviction proceedings must be filed with the court by NYSCEF or mail. Further, until further order, petitions in commercial and residential eviction proceedings based on nonpayment of rent or on other grounds must include the following:
- Form petitioner’s attorney affirmation or petitioner’s affidavit (for self-represented petitioners), indicating that counsel / petitioner has reviewed the various state and federal restrictions and qualifications on eviction proceeding and believes in good faith that the proceeding is consistent with those restrictions and qualifications; and
- Form notice to respondent-tenants (in both English and Spanish), informing them they may be eligible for an extension of time to respond to the petition in light of legal directives related to the COVID-10 pandemic, and directing them to a telephone number and/or website link for further information.
The memorandum further stays the hearing of the eviction matter until the Executive Orders suspending statutory time periods for legal matters expire. However, eviction matters commenced on or before March 16, 2020 in which all parties are represented by counsel shall be eligible for calendaring for virtual settlement conferences.
Also, the New York State Courts Electronic Filing System (NYSCEF) will accept New York City Housing Court matters later this summer.
Tuesday, June 16, 2020
Podcast | Real Estate Re-Opening - Bringing Investors into your Acquisitions
Friday, June 05, 2020
Are You Ready to Reopen Your Business? Here is Your 5-Step Plan
Thursday, May 28, 2020
Lieb Podcast: Restaurant Innovation Driving the Industry of Tomorrow
This 1 hour show was aired on 5/24/20 on WRCN 103.9 FM. You can download the podcasts for this show at www.listentolieb.com or by clicking on the podcast links below.
Thursday, May 21, 2020
Commercial Personal Guaranties Deemed Unenforceable in NYC Council’s COVID-19 Relief Bill – Litigation to Follow if Enacted
- Whether there is a contractual relationship;
- Whether a change in law impairs that contractual relationship; and
- Whether the impairment is substantial. U.S.C.A. Const. Art. 1, § 10, cl. 1; American Economy Ins. Co. v. State, 30 N.Y.3d 136 (2017).