LIEB BLOG

Legal Analysts

Showing posts with label #attorneyandrewlieb. Show all posts
Showing posts with label #attorneyandrewlieb. Show all posts

Monday, November 25, 2024

New York Simplifies Notary Rules, Streamlining Cross-State Deals

New York has passed a new law, Bill S2271, that simplifies the recognition of out-of-state notarizations, making it easier for businesses and individuals to transact business across state lines.


Previously, New York required a "certificate of conformity" to verify that out-of-state notarizations complied with the laws of the other state. This extra step created delays and added costs for transactions. Under the new law, the signatures and titles of authorized out-of-state notaries now serve as conclusive proof of their authority. 


In simple terms, if a document is notarized according to the laws of another state, it will be treated as valid in New York without additional verification.


By eliminating these unnecessary hurdles, the law streamlines cross-state transactions, saving time and money. Businesses can now operate more efficiently across state lines, while individuals benefit from smoother processes when buying property, signing contracts, or managing other legal matters.


The law is effective immediately, offering instant relief to those dealing with cross-state paperwork. Whether you’re a business professional or a consumer, this change makes interstate transactions easier, less expensive, and more efficient. 


Thursday, November 14, 2024

NYC’s Rental Game-Changer: New Law Shifts Broker Fees to Landlords

The New York City Council has approved the FARE Act (Int 0360-2024), a new bill that eliminates upfront broker fees for most renters. 


Currently, New York is one of the only places in the country where tenants are required to pay these fees, often around 15% of the yearly rent, even when they’ve never met the broker. This has meant an average upfront cost of $13,000 for renters, which includes broker fees, security deposits, and first month’s rent. Under the FARE Act, the responsibility for paying the broker fee will shift to the party that hires the broker—usually the landlord or building manager—unless the tenant specifically hires the broker. 


The bill passed with solid support, at 42 votes to 8. Proponents argue it’s common sense that the party hiring the broker should pay for their services, adding that the FARE Act will help make housing more accessible for working- and middle-income renters. However, critics, including the Real Estate Board of New York (REBNY), have raised concerns that the law could lead to higher rents, make it more difficult to find housing, and harm brokers.


The mayor has until December 13, 2024 to sign the FARE Act, after which it becomes law and takes effect 180 days later. 


Stay tuned to see how the FARE Act impacts the NYC rental scene. For better or worse, it's sure to be a game-changer. 

















Friday, October 11, 2024

Brick-and-Mortar Businesses Without Accessibility Features on Websites Will Continue to Get Sued

A recent Federal Case highlights why businesses with physical locations must make sure that their websites are accessible to people with disabilities (e.g., screen readers).


Jose Mejia, who is legally blind, sued High Brew Coffee after their website prevented him from using his screen-reading software, making it impossible for him to complete his purchase. He claimed this was disability discrimination under Title III of the Americans with Disabilities Act (“ADA” or “Title III”), which prohibits discrimination on the basis of disability in places of public accommodation. (42 U.S.C. § 12182(a)).


Mejia claimed that accessibility issues with High Brew’s website constitute disability discrimination under Title III, as they prevented him from shopping as a sighted customer would. High Brew argued that because its website wasn’t tied to a physical location, it didn’t count. The Court sided with High Brew, ruling that websites without a physical counterpart aren’t subject to Title III in New York.


The opinion is a reminder that businesses with both websites and physical locations are still exposed to a discrimination case. This means that if your company operates a website tied to a physical store, you may face legal repercussions if it does not comply with accessibility standards. It's important to note that, while not available under Title III, emotional distress damages - that’s fancy lawyer talk for potential big bucks - are recoverable under the New York State Human Rights Law, Executive Law § 296(2)(a), and New York City Human Rights Law, New York City, N.Y., Code § 8-107(4) in these cases.

And for anyone like Mejia who has run into accessibility barriers on a website connected to a physical location, it’s worth contacting an attorney. You may have a case under the ADA & New York laws that protect against disability discrimination.


Tuesday, December 12, 2023

NewsNation: Employment Attorney Andrew Lieb Discusses Proposed Laws Against Fat Discrimination

Attorney Andrew Lieb appears on NewsNation to talk about potential legislation prohibiting discrimination based on weight or obesity. He discusses the potential enforcement of laws against 'weight discrimination' and their implications for employers, including the consideration of obesity as a protected category akin to race or religion in anti-discrimination laws. 


In the discussion, Lieb tackles employers' worries, such as the possibility of a gym or health-centric business being unable to hire someone who doesn't align with their brand ethos. He delves into the intricate legal aspects and underscores the importance of fostering an inclusive work environment, steering clear of shaming individuals.




Monday, December 19, 2022

New York Tenants Have New Tool When Landlords Fail to Fix Unsafe Conditions

Sketchy landlords beware! 


New York's Real Property Actions and Proceedings Law Article 7-C has been added by A3241 to give tenants and municipalities a new tool in their arsenal to address persistent unsafe conditions that are neglected by their landlords. 


Applicable in both residential and commercial mixed use properties, the new law, which is immediately effective, allows for receivership proceedings where a landlord has failed to remedy “conditions dangerous to life, health, or safety.” Basically, this means a court may appoint an independent “receiver” who is empowered to manage and redirect rent deposits towards fixing an issue that a landlord has neglected to sufficiently address.


However, what's interesting is the flip side of the law. It's yet another reminder that tenants should not unilaterally withhold rent or make repairs, outside of their rights in their specific lease, when there are habitability issues at the premises. Instead, they should follow the law and have their rental money deposited with the Court. Doing it otherwise is technically a grounds for eviction. Simple stated, there is a procedure when a landlord doesn't fix property and you, as a tenant, can't decide to just not pay when it's not being fixed. 


This procedure of depositing rent into Court and having a receiver appointed was formerly available only in New York City, but now applies statewide.