On January 15, 2020, Enhanced Fair Housing Provisions (page 12) were officially announced for New York State in the State Register.

Public Comment period goes to March 15, 2020 - make your comments by email:
david.mossberg@dos.ny.gov - or forever hold your peace. 

The proposal includes additions to 19 NYCRR 175.28, 175.29 and 177.9.


Section 175.28. Notification of Fair Housing Laws requires real estate brokers to advise parties how to sue them for discrimination - BE WARNED - it states:

a) A real estate broker shall be responsible to ensure that each individual licensed pursuant to Article 12-A of the New York Real Property Law and associated with such broker provides to a prospective purchaser, tenant, seller, or landlord upon first substantive contact a disclosure notice furnished by the Department, containing substantive provisions of the New York State Human Rights Law. The disclosure notice shall set forth how Human Rights Law complaints may be filed, and such other information as the Department deems pertinent.

b) The disclosure notice required pursuant to paragraph (a) of this section, may be provided to a prospective purchaser, tenant, seller, or landlord by any of the following means: email, text, electronic messaging system, facsimile, or hardcopy. An electronic communication containing a link to the disclosure notice required pursuant to paragraph (a) of this section shall be permissible, provided the communication also contains text to inform the prospective purchaser, tenant, seller, or landlord that the link contains information regarding the New York State Human Rights Law. Oral disclosure does not satisfy the requirements imposed by this section.

c) The disclosure notice required by paragraph (a) of this section shall apply to all real property whether or not it is used or occupied, or intended to be used or occupied, wholly or partly, as a home or residence of one or more persons regardless of the number of units, and shall include: condominiums; cooperative apartments; vacant lands, including unimproved real property upon which such dwellings are to be constructed; or commercial properties.

d) A real estate broker, licensed real estate salesperson, or licensed associate broker that provides the disclosure notice required pursuant to this section by hardcopy, shall obtain a signed acknowledgment from the prospective buyer, tenant, seller, or landlord. Such signed disclosure notice shall be retained for not less than three years. A real estate broker, licensed real estate salesperson, or licensed associate broker that provides the disclosure notice required pursuant to this section by email, text, electronic messaging system, or facsimile, shall maintain a duplicate copy of such disclosure and shall retain the same for not less than three years. If the prospective buyer, tenant, seller, or landlord declines to sign the disclosure notice, the real estate broker, licensed real estate salesperson or licensed associate broker shall set forth under oath or affirmation a written declaration of the facts regarding when such notice was provided and shall maintain a copy of the declaration for not less than three years.

e) A real estate broker shall be jointly liable for any violation of this section committed by any licensed individual associated with such broker.

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Section 175.29. Posting of Fair Housing Laws requires new fair housing signs at offices, websites, & all open houses to advise parties how to sue them for discrimination - BE WARNED - it states:

a) A real estate broker shall display and maintain at every office and branch office operated by such broker a notice, furnished by the Department, indicating the substantive provisions of the New York State Human Rights Law relative to housing accommodations. The notice shall set forth
how Human Rights Law complaints may be filed and such other information as the Department deems pertinent.

b) The notice required by paragraph (a) of this section shall be prominently displayed in the window of such office and any branch office maintained by such broker if such broker also provides listings or other postings in the window of such location and must be visible to persons on that portion of the sidewalk adjacent to such office or branch office. If any office or branch office is not accessible from the sidewalk or if postings are otherwise prohibited by any other applicable law, then the notice
required pursuant to paragraph (a) of this section shall be prominently posted in the same location the business license is posted pursuant to subdivision 3 of section 441-a of article 12 of the Real Property Law.

c) All websites created and maintained by real estate brokers, associate real estate brokers, real estate salespersons and any real estate team, as such term is defined by section 175.25 of this title, shall prominently and conspicuously display on the homepage of such website a link to the Department’s notice as required by paragraph (a) of this section, which shall be made available by the Department.

d) A real estate broker, licensed real estate salesperson, or licensed associate broker shall have displayed at all open houses of all real property the notice required by paragraph (a) of this section. In addition, a real estate broker, licensed real estate agent, or licensed associate broker shall
have available at all open houses and showings of all real property the notice required by paragraph (a) of section 175.28 of this part.

e) A real estate broker shall be jointly liable for any violation of this section committed by any licensed individual associated with such broker.

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Section 177.9. Video Recording and Record Preservation requires schools to record their discrimination trainings - it states:

(a) Every entity approved to provide instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property shall cause a recording to be created of each course in its entirety. Such recording shall contain both video and audio of the instruction.

(b) The recording required by paragraph (a) of this section shall be maintained by the approved entity for at least one year following the date such course was provided to an enrolled student. If the entity knows or suspects that the recording is or will be the subject of litigation, then the approved entity shall maintain such recording as required by law.

(c) The recording required by paragraph (a) of this section may be subject to audit by the Department pursuant to section 177.11 of this part.

Housing discrimination is very serious and exposes Landlords and Real Estate Brokers to major lawsuits for big money damages. Attorney Andrew Lieb, Esq. explains to real estate investors and brokers how to minimize exposure and not discriminate to potential tenants. Learn what to say and what not to say when dealing with prospective tenants to avoid getting sued.

A highly popular question in the transactional area of law. Does "on or about" or "on or before" mean on that date, around that date, within 30 days of that date? How can a buyer or seller plan for the closing date? Andrew Lieb, Esq explains what these terms mean and how to set expectations for buyers and sellers in this 3 minute clip.

Andrew Lieb, Esq. shares his greatest professional accomplishment in 2019 in the New York Real Estate Journal. Read the full article here. 

Andrew Lieb shares some highlights of the extraordinary changes in the law that control the sales, rentals and litigation landscape of real estate. This is a must read for real estate professionals, homeowners, landlords and tenants.

Read the full article published in Behind The Hedges here. 

On 11/17/19 Newsday published "Long Island Divided" a report of the state of housing discrimination on Long Island.

Private discrimination lawsuits are about to flood the courts and suits can result in 6 to 7 figure awards. A discrimination plaintiff bringing a court proceeding will seek actual damages (direct for loss of housing and consequential of emotional distress for loss of dignity), punitive damages, statutory penalties, attorneys' fees and costs.

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

Lieb Compliance is now offering real estate brokerage companies a private online portal with customized video compliance classes and certifications for their agents. Certifications include Fair Housing & Discrimination, Rentals (Tenant Protection Act of 2019), Agency Disclosure, Sexual Harassment Prevention and more.

To learn more visit www.realestatecompliancetraining.com 

Employment law experts Andrew Lieb, Esq. and Mordy Yankovich, Esq advise employers how to put policies in place and respond to requests by employees to take additional time off for religious reasons.

Co-ops sales may be subject to the Housing Stability and Tenant Protection Act. Forget what "our attorneys" have said - here is the go to analysis for prospective litigation on the issue. 

Read the full article by Andrew Lieb published in The Suffolk Lawyer here. 

Employers need to quickly fire an employee to reduce exposure. Employment experts Mordy Yankovich and Andrew Lieb share tips in this short clip.

If you missed Eye on Real Estate on 11/16 you can listen to the podcast. Real Estate panel includes:

• Andrew Lieb - Lieb at Law Managing Attorney
• Dottie Herman - Douglas Elliman CEO
• Bradley Inman - Inman Founder
• Thomas Drew - Citizen Bank Executive
• Michael Conte - Insurance Expert

Mordy Yankovich and Andrew Lieb discuss employers duty to offer reasonable accommodations to pregnant employees if there is a condition related to the pregnancy that affects how the employee can perform their job duties.

Watch this short clip here. 

Employment law experts Andrew Lieb and Mordy Yankovich discuss removing accrued benefits to employees in this short clip.

LLCs still offer many advantages in real estate ownership, but anonymity isn't one of them.

Did you know that if a buyer’s contract of sale is dated within 90 days of the seller’s deed, the buyer may not be able to get a mortgage commitment? Underwriters at mortgage lenders have policies against issuing loans when the dates between the prior deed and the current contract of sale are too close in time.

If you missed Eye on Real Estate this weekend you can listen to the Podcast. Topics include - how to evaluate your insurance coverage and questions to ask to make sure your assets are protected in the event of a storm, understanding what happens when you list property without a broker and more general real estate tips.

Listen Here to the Podcast

Just because someone passed the bar exam and is licensed by the state doesn’t mean that person is good at their job. Here are five ways to know if your lawyer is simply terrible, which you can tell even if you aren’t a lawyer with the know-how to evaluate legal work.

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

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