Foreclosure laws vary drastically between the states. A recent decision from the Ninth Circuit Court of Appeals questions whether national banks can rely upon regulations and guidance from the Office of the Comptroller of the Currency when deciding whether local state law governs. Dennis Valet, Esq., examines whether Congress will step in to regulate a fractured banking system filled with contradicting state laws in order to give national banks the certainty they need to operate in multiple jurisdictions.

Lieb at Law, P.C. is proud to announce Super Lawyers has recognized Andrew Lieb Esq. and Dennis Valet Esq. as NY Metro Rising Stars for 2018. This is Andrew Lieb's 5th year in a row and Dennis Valet's 3rd year in a row with such honor. Only 2.5% of the attorneys in the state were selected.

Condominiums and cooperatives, especially high-end associations, are infamous for their lengthy, comprehensive, and often draconian purchase applications, by-laws, and house rules. In their quest to ensure that prospective new purchasers will be the proverbial “good neighbor” it is easy for a board of managers to inadvertently take discriminatory actions that expose the board to liability. This article examines some common issues a board of managers should consider when hiring an attorney to craft or review purchase applications, by-laws, and house rules that ensure compliance with ever-changing local, state, and federal discrimination laws.

To read the full article by Dennis Valet, Esq, click here. 

When the discovery of a latent defect in a newly purchased home triggers a severe case of buyer’s remorse, the real estate brokers involved in the transaction often find themselves in the crosshairs. The erroneous expectation is that these licensed professionals hired for the purpose of bringing two parties together in a meeting of the minds are the guarantors of a problem-free transaction. In reality, a real estate broker’s liability is limited to the duties owed to the complaining party. Some of these duties are derived from general common law negligence and agency principles, while others are specific to real estate brokers by way of statutes, regulations and administrative decisions. Because consumers tend to purchase or rent a home only a handful of times in their life, their familiarity with the rules governing these agency relationships is often lacking. 

So, when is it really your real estate broker’s fault? 

Read the full article by Dennis Valet, Esq. in published in The Suffolk Lawyer Here. 

Lieb at Law, P.C.  is thrilled to announce that Andrew Lieb, Esq. and Dennis Valet Esq. have been named NY Metro Rising Stars 2016 from Super Lawyers.

They are featured in The Annual List of Top Attorneys from Super Lawyers. 

The Court of Appeals in Beltz v. City of Yonkers effectively established the Trivial Defect Doctrine in 1895, a staple in the modern defense attorney’s playbook. Therein, the court recognized that no walkway could be kept so perfectly safe so as to preclude the possibility of an accident and accordingly held that “when … the defect is so slight that no careful or prudent man would reasonably anticipate any danger from its existence … the question of defendant’s responsibility is one of law.” Perhaps shocking to a modern practitioner, the Beltz court found that a two and a half inch deep, 26 inch long and seven inch wide depression in a sidewalk was not an actionable defect. Ever since, New York courts have struggled to define when a defect in a walkway is actionable.

There is a strong temptation for homeowners to rent out the extra space in their home for a few quick bucks on the side, but long gone are the days where being a part time landlord was as easy as posting a classified ad in the newspaper and watching the monthly rent checks roll in. 

Income producing real estate in Suffolk County is the backbone of our local economy. We have our weekend warriors who rent out their second homes, merchants who operate and lease our mixed use downtowns, REITs, public companies and national brands who manage our industrial parks and shopping centers, hospitals and their doctors, lawyers, architects and accountants who inhabit our professional spaces and every other category of property owners imaginable. Yet, the business of owning and/or managing an income producing property is truly a business, and should not be thought of as a passive investment afterthought. It’s a business that requires a lawyer to serve as counselor, negotiator, scrivener and litigator. In fact, best in class legal services can transform a poor real estate investor into the next great American tycoon.

In this issue of The Suffolk Lawyer, we not only focus on Real Property, but also focus on the business of profiting from real property with all of its associated risks and blue ocean opportunities. Regardless of your individual legal practice focus, knowing the basic pitfalls of real estate ownership is a necessary knowledgebase for every Suffolk County attorney. 

In this edition Dennis Valet, Esq. discusses the need to preemptively mitigate leasing risks in “Reasons to Involve an Attorney in the Rental of an Accessory Apartment,” and Alicia Menechino, Esq. addresses the need to respect the judicial process for evictions in her article, “Self-Help: Vigilante Justice or Legal Re-Entry?” Next, Jordan Fensterman, Esq. addresses the unique risks inherent with renting medical space in his article, “Leasing Medical Office Space in New York.” 

The U.S. supreme court ruled that victims of discrimination under the Fair Housing Act can sue based upon a legal theory called disparate impact discrimination, which addresses conduct that appears neutral on its face, but which nonetheless has a discriminatory effect. 

Read the full article in New York Real Estate Journal, written by Andrew Lieb, Esq., and Dennis Valet, Esq. here.