LIEB BLOG

Legal Analysts

Wednesday, March 28, 2012

Fed Reserve Bank of NY - Percent in Foreclosure by Zip Code

To see the foreclosure percent throughout the Tri-State Region, click here.

The maps also show percents for 60 / 90 days in default.

Tuesday, March 27, 2012

Local Zoning Amendments Banning Fracking are Permitted

A recent case decided in Tompkins County ruled that local zoning amendments banning all activities relating to hydrofracking were not preempted by the Oil, Gas, and Solution Mining Law (OGSML). So, municipalities can ban fracking in their territories.

In the Tompkins County case, the Plaintiff, a company engaging in exploration of land for hydrofracking, brought an action against the Town of Dryden attacking their zoning amendment which banned hydrofracking. The Court determined that the State’s OGSML did not prevent the Town from creating local zoning ordinances banning hydrofracking.

This decision is particularly important because many NY municipalities have been amending their zoning regulations in response to their resident’s concerns about hydrofracking.

Remember to always keep yourself apprised of local zoning amendments in order to ensure the latest developments in your municipality because laws and regulations in real estate may change daily.

For further information about the case, see Anschutz Exploration Corporation v. Town of Dryden, 2012 WL 556172, Slip Op. 22037 (2012).

Tax Grievances - Suffolk residents should start thinking about it for 2012

Grievance days vary in the various Villages across Suffolk County, but for the Towns its the third Tuesday in May (May 15, 2012), so start checking your local municipalities and prepare your forms to reduce your real estate tax bill.

Nassau residents, you already missed the deadline this year of March 1, 2012, but you are now early for next year so don't forget about filing your grievance.

For more information about tax grievances in New York State, click here.

Monday, March 26, 2012

Unauthorized Sublease = Trespass

What happens when a subtenant takes their tenancy without authority from the landlord when the lease expressly requires prior written consent from the landlord? The unauthorized subtenant is liable for trespass so says the Supreme Court in 169 Bowery LLC v. Collective Hardware.

The lesson is to always read your lease and abide by its terms. Should you be a prospective subtenant, request a copy of the tenant's lease with the landlord before you go into possession or enter into a contract.

On April 19, we will be teaching Long Island Landlord at Newsday in Melville and will be discussing this topic as well as many others faced by our regions landlords and tenants. While the class is currently full, we often have additional seats upon the week of the course, so stay tuned by clicking here.

Friday, March 23, 2012

The Steven J. Baum Law Firm, Formerly New York’s Largest Foreclosure Mill Firm, Settles with the Attorney General

As reported on this blog in October of 2011, the Steven J. Baum Law Firm reached a settlement with the United States Attorney for the Southern District of New York whereby it agreed to pay a two (2) million dollar fine and amend its foreclosure practices. Earlier this week, a settlement was reached with the State’s Attorney General’s Office where the firm’s managing partners, Steven J. Baum and Brian Kumeiga, agreed not to handle any foreclosure cases for lenders or servicers in New York State courts for two (2) years and pay a four (4) million dollar fine. Pillar Processing, a document processing entity created by the firm, is also on the hook for the fine. The suit alleged that the Steven J. Baum Law Firm did not take the necessary steps to ensure the accuracy of the legal papers filed in its foreclosure complaints and bankruptcy proceedings. Per the terms of the settlement agreement the firm neither admitted nor denied any findings of wrongdoing in the case.

As part of the settlement half of the four (4) million dollar fine will be allocated to a fund that helps New York residents in foreclosure. Although the firm is now defunct, it remains involved in litigation with other borrowers who believe their rights were compromised by the firm’s practices. We will continue to update you on the outcome of these cases.