LIEB BLOG

Legal Analysts

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

















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. 




Thursday, June 03, 2021

As the National Ban on Evictions will be Lifted in June, There Will be a Rise of Evictions

With about 11 million Americans reported to be behind on their rent, experts predict that the number of evictions will increase when the national ban on evictions will be lifted on June 30th. New York State has extended the eviction and foreclosure moratoriums on both residential and commercial properties to August 31st, 2021. (A.7175)

While some states are still struggling to distribute the $45 billion in rental assistance, many renters continue to be behind on their housing payments.

If you would like to apply for rental assistance in NY, follow this link.

Have you applied for rental assistance?





Thursday, March 04, 2021

Why You Shouldn't Try to Convince Your Tenants to Leave Without a Lawyer

To all the landlords “embarking on a campaign” to end a tenancy, you might want to reconsider this tactic. The case of Negron v. Foster is the reason why.

In the case, the court found that the owner harassed the tenant with the intention of causing the tenant to leave the apartment.

During the time of tenancy, the tenant claimed to be verbally, mentally, and physically harassed by the owner. There were insulting and intimidating text messages from the owner demanding rent. Other repeated acts included physically attacking the tenant and her children, putting the heat on in the summer, and turning off the hot water that “substantially disturbed petitioners comfort, repose, peace or quiet.”

The court awarded civil penalties and compensatory damages to the tenant concluding that the owner harassed the tenant “with the intent of causing the petitioner to vacate the subject apartment.”

The landlord had to pay the tenant 3,000.00.

Do you have a tenant that you’ve been trying to convince to leave? Have you thought of seeking advice from a lawyer?

Tuesday, March 02, 2021

RE Closings: “Filthy” Condition is Broom Clean?

When selling a home, the contract may require that the home be in broom clean condition at closing.

Broom clean condition is a term often used to describe the condition of a home at the transfer of title (i.e., at closing). But what does it really mean to leave a home in broom clean condition?

In Witter v. Nitschke, the buyers claimed that the property was delivered in “filthy” condition, testifying that they observed hair in the bathrooms, dust and crumbs in the kitchen drawers, and cob webs and a dead fly on a window sill. However, the Court ruled that the premise was broom clean.

As the Court explained, “‘[B]room clean’ does not impose the duty on the seller to have the property professionally cleaned… If the buyers desire to have the property professionally cleaned at delivery of possession to the buyers the buyers need to negotiate a ‘professionally clean’ condition, rather than a ‘broom clean’ condition.”

All broom clean requires is that a home is cleared of all personal items, free of garbage, refuse, trash, and other debris.

Have you ever bought a house that required professional cleaning before you moved in? Are you going to require sellers to deliver it professionally cleaned in the future? Maybe you should.