LIEB BLOG

Legal Analysts

Showing posts with label Eye on Real Estate. Show all posts
Showing posts with label Eye on Real Estate. Show all posts

Tuesday, December 24, 2019

New Law: The Return of the Yellowstone Injunction

On December 20, 2019, A2554 was enacted to "[p]rohibit[] commercial leases from including a waiver of the right to a declaratory judgment action and states that the inclusion of such a waiver in a commercial lease shall be null and void as against public policy."

New Real Property Law section 235-h took effect immediately on signing.

Welcome back Yellowstone Injunctions - it's like you never left us in the commercial arena. Commercial tenants facing eviction should consult with an attorney to get an injunction immediately before they are evicted.

Saturday, December 21, 2019

New Law: Prospective tenants can obtain history of gas & electric charges incurred

On December 20, 2019, Senate Bill S3585 became law.

This bill's purpose is that it "[r]equires gas and electric utility companies to make available to any landlord and lessor of residential rental premises, upon the request of a prospective tenant or lessor of a residential unit, information concerning gas and electric charges incurred from prior occupants of the dwelling."

The bill's justification explains that "[p]eople should have the right to inquire from a gas and electric company the amount of the bills being paid for heat and electric service by the prior customer before they move into a residence. They should not have to rely on a landlord or homeowner's word about how much it costs to heat a residence."

This new law, Public Serivce Law section 66-p, is effective on 4/18/2020.

Wednesday, November 27, 2019

New Law: Discrimination Commissions

On November 25, 2019, General Municipal Law 239-o was amended to have local Commissions on Human Rights take into account all of the NYS protected classes when seeking to foster mutual respect and understanding in the community.

The protected classes are:

  1. ages
  2. races
  3. sexual orientation
  4. gender identity or expression
  5. military status
  6. sex
  7. disability
  8. predisposing genetic characteristics
  9. familial status
  10. marital status
  11. domestic violence victim status 
  12. creed
  13. color
  14. national origin

Monday, November 25, 2019

Pointless Legislation? RE Broker Discrimination = License Revocation

Newsday is reporting that "Sen. James Gaughran (D-Huntington) and Assemb. Kimberly Jean-Pierre (D-Babylon) introduced a bill that would expand the state’s authority to suspend or revoke a real estate agent’s license."

Did you know that a law already exists that provides for discrimination = license revocation?

19 NYCRR 175.17(b) states:
No real estate broker or salesperson shall engage in an unlawful discriminatory practice, as proscribed by any federal, state or local law applicable to the activities of real estate licensees in New York State. A finding by any federal, state or local agency or court of competent jurisdiction that a real estate broker or salesperson has engaged in unlawful discriminatory practice in the performance of licensed real estate activities shall be presumptive evidence of untrustworthiness and will subject such licensee to discipline, including a proceeding for revocation. Nothing herein shall limit or restrict the Department from otherwise exercising its authority pursuant to section 441-c of the Real Property Law.

Yes, codifying the law makes sense, but unless DOS prosecutes, what's the point?


Hey Brokers - should a license be lost if a broker is found to have discriminated? 

Just remember, not every charge of discrimination is legitimate.

Let us know your thoughts in comments.





Wednesday, November 20, 2019

Eye on Real Estate Podcast (11/16): Andrew Lieb, Dottie Herman, Brad Inman, Thomas Drew, Mike Conte

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