Showing posts with label Andrew Lieb. Show all posts
Showing posts with label Andrew Lieb. Show all posts
Monday, June 13, 2022
Monday, August 02, 2021
Check out Maura McDermott's Newsday article, Ruling: Suffolk complex broke law spurning Section 8 housing vouchers.
In the article, I'm quoted as saying that "Starting in September, a new state law requires state agencies and nonprofits that administer housing subsidies to give recipients written notice about their fair-housing rights" and that "fair-housing enforcement has become a higher priority at the local, state and federal level, which he said was prompted by Newsday’s 2019 Long Island Divided project, a three-year investigation into housing bias."
The article is about how Long Island Housing Services filed suit after "its testers were told the complex did not accept federal housing-choice subsidies, also known as Section 8 vouchers."
Do you think we should have more testers in society to route out housing discrimination?
Who should pay for these testers?
In the article, it said that Long Island Housing Services paid $23,855 for the testors - that's a lot of $$$
Wednesday, March 03, 2021
Andrew Lieb advises why and what you should consider when you are negotiating a quaranty on your next commercial lease.
The article was published by the Long Island Business News. HERE is a direct link to download the PDF.
Wednesday, February 24, 2021
Andrew Lieb, Esq will be instructing a ZOOM CLE for Attorneys on April 13, 2021 through the Suffolk County Bar Association.
MCLE Credit: 2 Diversity
Location: Zoom
Program Description: The Fair Housing Act prohibits discrimination because of race, color, national origin, religion, sex, familial status, and handicap (disability). Plus, NYS has even stricter laws that prohibit discrimination in housing.
Did you know, starting on June 20, 2020, all real estate brokers are required to give all transacting parties a Discrimination Disclosure Form detailing their rights and available relief?
This course will uncover and discuss:
- Housing Discrimination 101
- Relevant Laws
- Elements of a Claim/Defense of a Claim
- Damages
- Statutory Penalties
- Top 10 Do’s and Don’ts
Register through the Suffolk Academy of Law: 631.234.5588 or www.scba.org
Thursday, December 03, 2020
Stores Now Have To Follow New Gender-Neutral Pricing Laws. Just in time for the holidays. Let's see how this spreads throughout the country and learn the new criteria to avoid major fines for service providers and product retailers.
Dan Donovan, a security consultant for sports arenas and convention centers gives us an update on what to expect in 2021 for stadiums, live concerts and corporate events.
Listen to this podcast segment HERE.
Wednesday, October 14, 2020
With roughly 10% of Long Island homeowners behind on their mortgage, it's time to start thinking about foreclosure settlement options. Andrew Lieb breaks down the difference between a deed-in-lieu and a consent to foreclosure in this helpful article for lenders and borrowers alike.
Wednesday, May 13, 2020
You can't just decide to stop paying your mortgage without consulting with your Lender.
In Episode 43, From the initial phone call to the bank, we go through how to get a mortgage forbearance agreement and understand the terms before you find yourself with a much bigger problem. Bob Lund leads the residential lending department at Bethpage Federal Credit Union and shares insights from his perspective.
Tuesday, May 12, 2020
Friday, March 27, 2020
Attention Governor Cuomo the court system needs your leadership. We need e-signature protocols, e-notarization rules, servers, virtual meetings, and so much more. It’s time to modernize the legal industry and revamp the economy for both the state and businesses alike. As a true leader, you can transform the Coronavirus shutdown from a negative into a blue ocean opportunity for New York State.
Listen to our podcast here
Listen to our podcast here
Thursday, March 26, 2020
Latest Podcast - Sharing creative lease solutions for commercial landlords and tenants who have lost revenue from coronavirus.
Click here to listen to podcast
Click here to listen to podcast
Thursday, March 12, 2020
Landlords - Here is your future:
Can landlord successfully enforce its commercial lease?
If the clause exists, the landlord's victory is dependent on the specific language of the clause. That is because of the rule that "[o]rdinarily, only if the force majeure clause specifically includes the event that actually prevents a party's performance will that party be excused." As a result, the language of the clause is everything.
Assuming the sample clause exists in the lease, here are the impending battlegrounds for ensuing litigation on enforcing the lease:
We know that these lawsuits are coming and they are going to come fast. These lawsuits came after 9/11 - see One World Trade Center LLC v. Cantor Fitzgerald Securities. Only this time they are going to be everywhere because unlike 9/11, Coronavirus is everywhere.
Landlords - now is the time to ascertain your rights, determine your enforcement plan and create a contingency strategy. If you cannot enforce your lease, it's time to contact your lender and seek a forbearance (temporary reprieve from mortgage payments to avoid foreclosure). Doing nothing will create a strong likelihood of foreclosure and bankruptcy. It's time to act.
- There is a Coronavirus quarantine (voluntary or mandatory), which closes your property;
- Tenant is forced to close;
- Being closed, tenant makes no revenue or limited revenue from working from home;
- Without revenue, tenant defaults on rent;
- Without rent, landlord is now at risk of foreclosure and bankruptcy; and
- Consequently, landlord will need to enforce its lease to stave off foreclosure and bankruptcy.
If landlord seeks to enforce the lease, tenant will likely counterclaim for a rent abatement (reduction or elimination of rent) because of its inability to utilize the property.
Who is going to win?
The result likely depends on whether the lease has a clause called a "Force Majeure" or "Non-Performance" or something like that.
This clause may read something like this:
The Parties shall not be liable for any failure, delay or interruption in performing such Party's respective obligations hereunder due to causes or conditions beyond the control of such Party. Further, such Party shall not be liable unless the failure, delay or interruption shall result from the failure on the part of such Party to use reasonable care to prevent or reasonable efforts to cure such failure, delay or interruption.
"Causes or conditions beyond the control of such Party", shall mean and include acts of God ... war ... acts of third parties for which such Party is not responsible ... or any other condition or circumstances, whether similar to or different from the foregoing (it being agreed that the foregoing enumeration shall not limit or be characteristic of such conditions or circumstances) which is beyond the control of such Party or which could not be prevented or remedied by reasonable effort and at reasonable expense.If the clause exists, the landlord has a shot at victory, but without the clause, the tenant will likely prevail, at least in part.
If the clause exists, the landlord's victory is dependent on the specific language of the clause. That is because of the rule that "[o]rdinarily, only if the force majeure clause specifically includes the event that actually prevents a party's performance will that party be excused." As a result, the language of the clause is everything.
Assuming the sample clause exists in the lease, here are the impending battlegrounds for ensuing litigation on enforcing the lease:
- Is Coronavirus an act of god?
- If yes, is a quarantine resulting from Coronavirus also an act of god?
- If no, is a quarantine resulting from Coronavirus an act of third-parties?
- If yes, did landlord undertake efforts to prevent the quarantine at the property?
- If yes, were those efforts reasonable?
- If no, did landlord undertake efforts to remedy the Coronavirus spread at the property?
- If yes, were those efforts reasonable?
We know that these lawsuits are coming and they are going to come fast. These lawsuits came after 9/11 - see One World Trade Center LLC v. Cantor Fitzgerald Securities. Only this time they are going to be everywhere because unlike 9/11, Coronavirus is everywhere.
Landlords - now is the time to ascertain your rights, determine your enforcement plan and create a contingency strategy. If you cannot enforce your lease, it's time to contact your lender and seek a forbearance (temporary reprieve from mortgage payments to avoid foreclosure). Doing nothing will create a strong likelihood of foreclosure and bankruptcy. It's time to act.
Friday, March 06, 2020
Tune in Sunday 3/8/20 at noon on LI News Radio 103.9 FM where Real Estate Investing Coach Andrew Lieb discusses what to look out for when flipping residential real estate. Learn the true costs of real estate transactional fees and policies that mortgage lenders have against issuing loans when the contract of sale dates are too close in time. Andrew Lieb also goes over what you need to know about evicting tenants that have month-to-month leases.
Monday, March 02, 2020
Discrimination in housing is no joke and real estate investors are exposed more than ever before. In this #METOO movement, elected officials all over the country have assured the public that they will be enforcing discrimination laws. In fact, we are about to see a new law in New York State that forces Real Estate Brokers to provide a new form to buyers and tenants that shows them how to sue for discrimination. Real Estate Investing Coach Andrew Lieb provides an update to the pending regulation and what landlords and brokers can do to prepare for this new law.
If you missed our radio show "Real Estate Investing with Andrew Lieb" on Sunday 3/1/20 on FM 103.9 from 12pm to 1pm, we share tips on how to write a business plan and open the door to invest in income producing property.
Listen to the podcast here
Listen to the podcast here
Tuesday, February 25, 2020
Andrew Lieb published the Top 10 Real Estate Laws of 2019 in the Suffolk Lawyer. Read the full article here.
Monday, February 17, 2020
Friday, February 07, 2020
Last night, 2/6/2020, we were thrilled to have a packed house attending our new CE - Recent Legal Matters.
While not specifically a course topic, the DOS Guidance's Additional FAQs (updated: 1/31/2020) was brought up by students. Specifically, students inquired about FAQ #5:
While not specifically a course topic, the DOS Guidance's Additional FAQs (updated: 1/31/2020) was brought up by students. Specifically, students inquired about FAQ #5:
5. CAN A LANDLORD’S AGENT COLLECT A “BROKER FEE” FROM THE PROSPECTIVE TENANT? No, a landlord’s agent cannot be compensated by the prospective tenant for bringing about the meeting of the minds. NY RPL § 238-a(1)(a) provides, in part, “no landlord, lessor, sub-lessor or grantor may demand any payment, fee, or charge for the processing, review or acceptance of an application, or demand any other payment, fee or charge before or at the beginning of the tenancy, except background checks and credit checks….” The fee to bring about the meeting of the minds would be a “payment, fee or charge before or at the beginning of the tenancy” other than a background or credit check as provided in this section. Accordingly, a landlord’s agent that collects a fee for bringing about the meeting of the minds between the landlord and tenant (i.e., the broker fee) from the tenant can be subject to discipline.What good timing for this to come up because our course materials included an explanation of the requirements for an agency (DOS) to issue a regulation, which were not undertaken with respect to this Guidance. As such, the Guidance is NOT law, but, instead an agency's interpretation of law. With respect to the Guidance constituting an interpretation rather than law, we explained how and when an agency's interpretation is given deference by the courts who are the co-equal branch of government with the constitutional authority to be the final voice on interpreting statutes (laws). Incident thereto, we shared the following quotes from case law with our students:
It is well settled that “[a]n agency's interpretation of its own regulation ‘is entitled to deference if that interpretation is not irrational or unreasonable’” &
“the question is one of pure statutory reading and analysis, dependent only on accurate apprehension of legislative intent, there is little basis to rely on any special competence or expertise of the administrative agency and its interpretive regulations... And, of course, if the regulation runs counter to the clear wording of a statutory provision, it should not be accorded any weight.”Oh, do we expect a legal battle on this issue. Stay tuned. It's going to get entertaining fast.
Friday, January 31, 2020
Attorneys Andrew Lieb and Mordy Yankovich share tips for employers who want to fire a pregnant employee due to employment issues. Learn how the exposure can be over 6 figures and what employers need to do to protect themselves from a lawsuit.
Thursday, January 23, 2020
As the NYC tech scene keeps getting bigger and bigger, we are seeing more and more employees trying to get poached from one company to another. They are getting thrown oodles of money to leave their jobs. Attorneys Andrew Lieb and Mordy Yankovich share tips on what employees should know when switching jobs when they signed non-compete agreements. Learn what is enforceable and what type of exposure employees and new employers face.
