As of July 16, 2021, discrimination victims need not have their discrimination complaints notarized before filing them with the NYS Division of Human Rights, per a change to Executive Law 297(1). 

This applies to both victims of employment discrimination and housing discrimination.

According to the laws justification, the notarization requirement "discourage[d] people from filing complaints" and the Division nonetheless received over 6,000 complaints annually. 

How many complaints will the Division receive now? 

Do you think that this new law makes sense? 

Does it matter if a document is notarized? 

Shouldn't preventing discrimination be as easy as pie? 

On July 16, 2021, new Executive Law 170-e was signed into law and requires that all administrators of housing assistance (governmental / nonprofits) ensure that "individuals who have applied for and are eligible to receive such assistance, payment, subsidy or credit are informed, in writing, of their rights and remedies available under law, with regard to lawful source of income discrimination.”

The law is effective as of September 14, 2021 and that is an important deadline for landlords, brokers, and property managers to get up to speed on the rules to avoid source of income discrimination in their ranks.

To illustrate, a housing provider who requests a credit score from a voucher recipient could be discrimination, a housing provider who demands a minimum income from a voucher recipient could be discrimination, and a housing provider who makes receipt of a voucher a precondition to seeing units could be discriminating.

Do you have policies in place to avoid your team discriminating and subjecting you to a major lawsuit??

More so, those policies better include the forthcoming regulations that the State Division of Human Rights is going to promulgate to particularize this new law.

Are you ready? 

Ever see a landlord renting the second unit in their two-family residence who posted a sign in the window stating "whites only," or what about a landlord asking a prospective tenant for their religious affiliation with the intention of refusing to rent to persons of a particular creed? 

Effective July 16, 2021, that is illegal in the State of New York. 

Previously there was an exemption to anti-discrimination laws that permitted this despicable behavior when a landlord was renting an owner-occupied two-family unit, known as Mrs. Murphy Law.

Now, under Executive Law 296, all property in this state is subject to the same law for discriminatory advertising - it is unlawful to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application, or to make any record or inquiry which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sexual orientation, military status, sex, age, disability, marital status, or familial status, or any intent to make any such limitation, specification or discrimination.

Are you happy that New York State is increasing accessibility and equality for all; or, do you miss the good old days when you could be a miserable bigot? 

A new NYS law extends partial real property tax abatement for co-ops and condos within a city containing a population of one million or more, through the NYC fiscal year that begins in 2022.

Technically, the law amends paragraphs (a) and (b) of Real Property Tax Law 467-a (2).

Previously, the Real Property Tax Law authorized partial tax abatement for these co-ops and condos from the fiscal year commencing in 2012 through 2020.  The new law now provides a 2-year extension.

Although the COVID-19 pandemic appears to be in our rear-view mirrors, many families continue to endure hardships caused by the brutal pandemic. As a result, Governor Como continues to pass legislation related to tax abatement and/or exemptions for certain dwellings (e.g., S.6487).

How long will legislation extending tax abatement and/or exemptions for certain dwellings continue to be passed? 

Time will tell...

Private industries may NOT assume control over federally assisted housing stock in NY, as has happened in CT, which was just made clear by a new law.

Instead, Section 8 housing contracts will continue to be administered by The New York State Housing Trust Fund Corporation ("Corporation") and Division of Housing and Community Renewal ("DHCR") in NY.  

Section 8 of the US Housing Act is designed so landlords can rent housing at fair market rates to low income tenants, in which the federal government will pay a portion of the rent to a landlord through a Section 8 Housing Choice Voucher. 

Private industry would want to take over Section 8 because of the tremendous amount of money flowing from the federal government and the availability to bring efficiencies that would create tremendous profit and innovation.

However, NY will continue to have its federally assisted housing stock controlled by the state and local governments.

Is state / local government better suited than private industry to manage our federally assisted housing stock? Isn't private industry more innovative and efficient? Or, is it that private industry only makes elites rich? Is this the type of thing that is the better domain of government or private industry? 

Regardless, developers and landlords now have predictability into the future when they get involved in subsidized housing. Predictability is always a good thing in business. 

Lieb at Law, P.C. is proud to announce that Steven Siliato, Esq. has been elevated to partner at the firm. Mr. Siliato manages the firm’s real estate transactional practice and focuses on corporate transactions, residential, and commercial real estate law.

A new NYS law amends Real Property Tax Law section 489, extending tax exemptions for multiple dwellings undergoing alterations and improvements to eliminate fire and health hazards, from 2021 to 2022.

A multiple dwelling means a "dwelling that is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of 3 or more families living independently of each other." (Multiple Dwelling Law Section §4 (7)). 

Fire and health hazards that qualify for the exemptions include non-fireproof stairs, windows, elevator shafts, dumbwaiters, fire-escapes, as well as a lack of direct entrance to the cellar or lowest story of a multiple dwelling.

If you own / manage a multiple dwelling and haven't started a project yet, you better act now before it's too late. 

The New York State Department of Labor has finally issued the long awaited Model Airborne Infectious Disease Exposure Prevention Plan.

As a refresher, on May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act ("NY HERO Act") into law requiring employers to take various measures to protect employees in the event of a future airborne infectious disease outbreak. 

One of those measures was to adopt a prevention plan. Now that the NYSDOL released the model plan, employers have until August 5, 2021 to either customize and adopt the model plan or create their own plan which, at a minimum, meets the requirements of the model plan.

While employers must immediately adopt a plan, it is important to note that, per the NYSDOL website, the plan is not currently required to be in effect until the New York State Commissioner of Health designates an infectious disease as a "highly contagious communicable disease that presents a serious risk of harm to the public health." 

A proposed amendment relating to license requirements for land surveyors seeks to uphold the Land Surveyor's Education Bill (which previously amended section 7206-a of the Education Law, by updating certain education experience requirements for licensure as a land surveyor to fall in-line with the national standards). 

The proposed amendment seeks to further update the education and experience requirements for a land surveyor license by the following methods: 

• Establishing program registration requirements for land surveyor education programs (which include registration and curriculum requirements);

• Amending the land surveyor education requirements for licensure to conform with national standards; and 

• Amending admission requirements for the fundamentals of surveying, principles, and practice of surveying, and the NYS jurisdicional examinations.