New NY Foreclosure Law Forces Lenders to Apply Your Payments

A very important foreclosure law bill, Assembly Bill A2739, which we discussed at How New York Assembly Bill A2739 Could Give Homeowners a Leg Up in Foreclosure Defense was signed and is effective as of December 12, 2025.

Now, homeowners in default a real edge against foreclosure. The law requires mortgage lenders to accept and immediately apply payments made in reliance on a payoff statement – no more excuses, no more “we’ll hold it in suspense.” As long as you pay where and how your lender says to, your money counts toward your loan balance.

If you’re facing foreclosure and want to make sure every payment counts, contact Lieb at Law, P.C. – because now, your money can finally work for you.

Law on Access to Adjoining Property for Improvements or Repairs Updated in NYS

Starting on December 5, 2025, RPAPL 881 offers a new framework under S3799C for a property owner seeking a court ordered license in a special proceeding to access their neighbor's property in order to make improvements or repairs. As the bill jacket explains, sometimes "owners and their neighbors cannot work out a solution without going to court" and the prior law, from 1968, is now being updated to be more predictable. The framework makes it easier to name lessees into the proceeding as their rights will be adversely impacted and they are a necessary party to such lawsuits. It also clarifies that a licensee can be obtained for a preconstruction survey to document the existing condition of the property, to address vibration, cracks, optical monitoring devices, protective coverings for the property, scaffolding, bracing, building supports, flashing, and construction staging necessary to complete work, amongst others. The new law also requires the licensee to maintain commercial general liability insurance for damages to persons or property with the adjoining owner as an additional insured. Finally, to the good stuff, "[t]he licensee shall be required to reasonably compensate the adjoining owner for the loss of use and enjoyment of the adjoining premises including diminution in value." plus, "to reimburse the adjoining owner for reasonable fees incurred in connection with the review of relevant documents for the installation, maintenance, inspection, repair, replacement or removal of devices, structures, materials or equipment on the adjoining property."

If you’re facing a construction-access fight with a neighbor, or you need to secure compensation for loss of use, we handle RPAPL 881 litigation. Contact Lieb at Law to protect your rights and your property.

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How New York Assembly Bill A2739 Could Give Homeowners a Leg Up in Foreclosure Defense

As of December 8, 2025, Assembly Bill A2739 has cleared the Senate and Assembly and is now sitting on Governor Kathy Hochul’s desk. If she signs it, this little-known bill could give homeowners in default a real edge against foreclosure. The law would require mortgage lenders to accept and immediately apply payments made in reliance on a payoff statement – no more excuses, no more “we’ll hold it in suspense.” As long as you pay where and how your lender says to, your money counts toward your loan balance. That’s a big deal because right now, lenders can refuse partial payments or take them without actually reducing what you owe.

Here’s the exciting part: combine this law with the state’s mandatory settlement conferences, and homeowners suddenly have a legally backed, game-changing strategy to slow down foreclosure. You can make installment payments to chip away at your default and potentially save your home – all without needing a full payoff, a modification, or a short sale. It’s a way to fight back while saving time, money, and headaches.

If the bill becomes law, homeowners should be prepared for possible delays or added complexity when requesting payoff statements and making payments. If you’re facing foreclosure and want to make sure every payment counts, contact Lieb at Law, P.C. – because now, your money can finally work for you.

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Brokerages Are Now on the Hook for Agent Telemarketing: What Hollis v. eXp Means for You

Every real estate brokerage should be watching Hollis v. eXp Realty closely, where the court denied eXp Realty’s motion to dismiss, allowing Plaintiff's claims of both direct and vicarious liability to move forward. In this case, eXp is being held responsible for both their own unsolicited telemarketing (like, cold calling and cold texts) and more importantly, the unsolicited telemarketing undertaken by their agents/associated licensees.

The case involves allegations on unsolicited calls made in violation of the Telephone Consumer Protection Act ("TCPA"), which comes with steep penalties of $500 to $1,500 per unlawful call or text. Historically, many real estate brokerages believed that they were insulated from liability because agents/associated licensees were treated as independent contractors so they were not responsible under vicarious liability. However, in the Court's latest ruling, a clear shift occurred where brokerages were told that they can be held accountable when agents/associated licensees, who they supervise, violate the TCPA.

After the denial of their motion-to-dismiss, eXp Realty and the agent defendant filed their answers, and the case is now moving through the discovery process. 

Every brokerage should treat this case as a wake-up call. Now is the time to act. Implement or update TCPA compliance policies, train agents/associated licensees on proper lead-generation practices, prohibit unsolicited autodialed calls and texts, audit marketing systems, CRMs, and third-party vendors, and document compliance and supervision efforts. 

Failing to supervise agents/associated licensees marketing activities is no longer an option, brokerages can be on the hook for agent misconduct.

If your brokerage needs a TCPA compliance audit or guidance on agent supervision, contact Lieb at Law, P.C.

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What Brokers Need to Know About NY’s New Restrictive Covenant Removal Law

Starting on June 3, 2026, NYS A1820A requires sellers of real estate to remove restrictive covenants that discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry. To do this, Real Property Law 327-a requires sellers of servient property (where the covenant has its effect) to submit "a restrictive covenant modification document" to the County Clerk and the purchaser at or prior to closing. A restrictive covenant is a private zoning agreement that (in this scenario) runs with the land. 

Additionally, by June 3, 2027, Condos, Co-ops, and HOAs must "delete or amend any covenants, conditions and restrictions that exist in a recorded document which discriminate on the basis of race, color, religion, sex, sexual orientation, familial status, martial status, disability, national origin, source of income, or ancestry." 

If discriminatory restrictions surface in a deal, our litigation team handles these cases. Contact Lieb at Law, P.C. for a case evaluation. 

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You Can't be Fired in NYS for Requesting a Reasonable Accommodation

On December 5, 2025, NYS passed A4898, which amends the New York State Human Rights Law at Executive Law 296(7) to expressly prohibit retaliation against an individual who requests a reasonable accommodation. 

The Bill Jacket explains the scenario which this new law seeks to address as being that "an employee must be granted an accommodation in the workplace, but an employer claims they can legally be fired for asking for it in the first place." This law closes that loophole in all scenarios where an accommodation is required under the law, including at a "workplace, housing, and in certain public settings such as health clinics, hospitals, restaurants, government buildings, retail stores, and more" because "it is a violation under the Human Rights Law to deny a request for an accommodation based on disability (Executive Law § 296(3)(6), (2-a)(d), (14),(10), pregnancy-related condition (Executive Law § 296(3)(a)), religious observances (Executive Law § 296(10)), or domestic violence victim status (Executive Law § 296(22)(6)(1))."

If you’re facing retaliation for asking for an accommodation, Lieb at Law, P.C. handles these cases. Talk to our discrimination team today.

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