Fair Housing Disclosure / Notice / Website Requirements - Effective June 20, 2020

Major NEW Fair Housing Regulations are effective June 20, 2020 according to the NYS Board of Real estate meeting that was held on April 27, 2020.

ALERT: Real estate brokers must implement trainings immediately on their salespersons distributing the new required disclosure form or risk both license law violations and lawsuits for discrimination. Lieb Compliance is ready to help.

----

The new disclosure regulation is 19 NYCRR 175.28:

a) A real estate broker shall be responsible to ensure that each individual licensed pursuant to Article 12-A of the New York Real Property Law and associated with such broker provides to a prospective purchaser, tenant, seller, or landlord upon first substantive contact a disclosure notice furnished by the Department, containing substantive provisions of the New York State Human Rights Law. The disclosure notice shall set forth how Human Rights Law complaints may be filed, and such other information as the Department deems pertinent.

b) The disclosure notice required pursuant to paragraph (a) of this section, may be provided to a prospective purchaser, tenant, seller, or landlord by any of the following means: email, text, electronic messaging system, facsimile, or hardcopy. An electronic communication containing a link to the disclosure notice required pursuant to paragraph (a) of this section shall be permissible, provided the communication also contains text to inform the prospective purchaser, tenant, seller, or landlord that the link contains information regarding the New York State Human Rights Law. Oral disclosure does not satisfy the requirements imposed by this section.

c) The disclosure notice required by paragraph (a) of this section shall apply to all real property whether or not it is used or occupied, or intended to be used or occupied, wholly or partly, as a home or residence of one or more persons regardless of the number of units, and shall include: condominiums; cooperative apartments; vacant lands, including unimproved real property upon which such dwellings are to be constructed; or commercial properties.

d) A real estate broker, licensed real estate salesperson, or licensed associate broker that provides the disclosure notice required pursuant to this section by hardcopy, shall obtain a signed acknowledgment from the prospective buyer, tenant, seller, or landlord. Such signed disclosure notice shall be retained for not less than three years. A real estate broker, licensed real estate salesperson, or licensed associate broker that provides the disclosure notice required pursuant to this section by email, text, electronic messaging system, or facsimile, shall maintain a duplicate copy of such disclosure and shall retain the same for not less than three years. If the prospective buyer, tenant, seller, or landlord declines to sign the disclosure notice, the real estate broker, licensed real estate salesperson or licensed associate broker shall set forth under oath or affirmation a written declaration of the facts regarding when such notice was provided and shall maintain a copy of the declaration for not less than three years.

Interestingly, subsection (e) was deleted from 175.28 after public comment. Subsection (e) previously stated "[a] real estate broker shall be jointly liable for any violation of this section committed by any licensed individual associated with such broker." Our comment on the topic, given on January 21, 2020, was discussed at the NYS Board of Real Estate meeting on April 27, 2020.

We commented:

This subsection is superfluous, to an extent, and creates issues with regulatory construction as it indicates that a broker is not jointly and severally liable for other violations of 19 NYCRR 175 and as such, it should be stricken. I imagine the intended purpose is to clarify the impact of RPL 442-c on this regulation, but it should be further clarified as it's ripe for litigation the way it currently exists, as proposed.

As you can see, it's always important to participate in the regulatory process through comments. 

----
ALERT: Real estate brokers need to display this new notice in their offices & on their websites. Real estate brokers must audit their real estate salespersons' websites under this new regulation. Lieb Compliance is ready to help.

The new advertising regulation is 19 NYCRR 175.29:

a) A real estate broker shall display and maintain at every office and branch office operated by such broker a notice, furnished by the Department, indicating the substantive provisions of the New York State Human Rights Law relative to housing accommodations. The notice shall set forth

how Human Rights Law complaints may be filed and such other information as the Department deems pertinent.

b) The notice required by paragraph (a) of this section shall be prominently displayed in the window of such office and any branch office maintained by such broker if such broker also provides listings or other postings in the window of such location and must be visible to persons on that portion of the sidewalk adjacent to such office or branch office. If any office or branch office is not accessible from the sidewalk or if postings are otherwise prohibited by any other applicable law, then the notice

required pursuant to paragraph (a) of this section shall be prominently posted in the same location the business license is posted pursuant to subdivision 3 of section 441-a of article 12 of the Real Property Law.

c) All websites created and maintained by real estate brokers, associate real estate brokers, real estate salespersons and any real estate team, as such term is defined by section 175.25 of this title, shall prominently and conspicuously display on the homepage of such website a link to the Department’s notice as required by paragraph (a) of this section, which shall be made available by the Department.

d) A real estate broker, licensed real estate salesperson, or licensed associate broker shall have displayed at all open houses of all real property the notice required by paragraph (a) of this section. In addition, a real estate broker, licensed real estate agent, or licensed associate broker shall

have available at all open houses and showings of all real property the notice required by paragraph (a) of section 175.28 of this part.

Interestingly, subsection (e) was deleted from 175.29 after public comment. Subsection (e) previously stated "[a] real estate broker shall be jointly liable for any violation of this section committed by any licensed individual associated with such broker." Our comment on the topic, given on January 21, 2020, was discussed at the NYS Board of Real Estate meeting on April 27, 2020.

We commented:

This subsection is superfluous, to an extent, and creates issues with regulatory construction as it indicates that a broker is not jointly and severally liable for other violations of 19 NYCRR 175 and as such, it should be stricken. I imagine the intended purpose is to clarify the impact of RPL 442-c on this regulation, but it should be further clarified as it's ripe for litigation the way it currently exists, as proposed.

As you can see, it's always important to participate in the regulatory process through comments. 

---
Finally, real estate schools now have to record their fair housing trainings & Lieb School is already in compliance with the new regulation, 19 NYCRR 177.9:

(a) Every entity approved to provide instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property shall cause a recording to be created of each course in its entirety. Such recording shall contain both video and audio of the instruction.

(b) The recording required by paragraph (a) of this section shall be maintained by the approved entity for at least one year following the date such course was provided to an enrolled student. If the entity knows or suspects that the recording is or will be the subject of litigation, then the approved entity shall maintain such recording as required by law.

(c) The recording required by paragraph (a) of this section may be subject to audit by the Department pursuant to section 177.11 of this part.

Enhanced Fair Housing Regulations Published in State Register - Make Your Comments IMMEDIATELY

On January 15, 2020, Enhanced Fair Housing Provisions (page 12) were officially announced for New York State in the State Register.

Public Comment period goes to March 15, 2020 - make your comments by email:
david.mossberg@dos.ny.gov - or forever hold your peace. 

The proposal includes additions to 19 NYCRR 175.28, 175.29 and 177.9.


Section 175.28. Notification of Fair Housing Laws requires real estate brokers to advise parties how to sue them for discrimination - BE WARNED - it states:

a) A real estate broker shall be responsible to ensure that each individual licensed pursuant to Article 12-A of the New York Real Property Law and associated with such broker provides to a prospective purchaser, tenant, seller, or landlord upon first substantive contact a disclosure notice furnished by the Department, containing substantive provisions of the New York State Human Rights Law. The disclosure notice shall set forth how Human Rights Law complaints may be filed, and such other information as the Department deems pertinent.

b) The disclosure notice required pursuant to paragraph (a) of this section, may be provided to a prospective purchaser, tenant, seller, or landlord by any of the following means: email, text, electronic messaging system, facsimile, or hardcopy. An electronic communication containing a link to the disclosure notice required pursuant to paragraph (a) of this section shall be permissible, provided the communication also contains text to inform the prospective purchaser, tenant, seller, or landlord that the link contains information regarding the New York State Human Rights Law. Oral disclosure does not satisfy the requirements imposed by this section.

c) The disclosure notice required by paragraph (a) of this section shall apply to all real property whether or not it is used or occupied, or intended to be used or occupied, wholly or partly, as a home or residence of one or more persons regardless of the number of units, and shall include: condominiums; cooperative apartments; vacant lands, including unimproved real property upon which such dwellings are to be constructed; or commercial properties.

d) A real estate broker, licensed real estate salesperson, or licensed associate broker that provides the disclosure notice required pursuant to this section by hardcopy, shall obtain a signed acknowledgment from the prospective buyer, tenant, seller, or landlord. Such signed disclosure notice shall be retained for not less than three years. A real estate broker, licensed real estate salesperson, or licensed associate broker that provides the disclosure notice required pursuant to this section by email, text, electronic messaging system, or facsimile, shall maintain a duplicate copy of such disclosure and shall retain the same for not less than three years. If the prospective buyer, tenant, seller, or landlord declines to sign the disclosure notice, the real estate broker, licensed real estate salesperson or licensed associate broker shall set forth under oath or affirmation a written declaration of the facts regarding when such notice was provided and shall maintain a copy of the declaration for not less than three years.

e) A real estate broker shall be jointly liable for any violation of this section committed by any licensed individual associated with such broker.

---
Section 175.29. Posting of Fair Housing Laws requires new fair housing signs at offices, websites, & all open houses to advise parties how to sue them for discrimination - BE WARNED - it states:

a) A real estate broker shall display and maintain at every office and branch office operated by such broker a notice, furnished by the Department, indicating the substantive provisions of the New York State Human Rights Law relative to housing accommodations. The notice shall set forth
how Human Rights Law complaints may be filed and such other information as the Department deems pertinent.

b) The notice required by paragraph (a) of this section shall be prominently displayed in the window of such office and any branch office maintained by such broker if such broker also provides listings or other postings in the window of such location and must be visible to persons on that portion of the sidewalk adjacent to such office or branch office. If any office or branch office is not accessible from the sidewalk or if postings are otherwise prohibited by any other applicable law, then the notice
required pursuant to paragraph (a) of this section shall be prominently posted in the same location the business license is posted pursuant to subdivision 3 of section 441-a of article 12 of the Real Property Law.

c) All websites created and maintained by real estate brokers, associate real estate brokers, real estate salespersons and any real estate team, as such term is defined by section 175.25 of this title, shall prominently and conspicuously display on the homepage of such website a link to the Department’s notice as required by paragraph (a) of this section, which shall be made available by the Department.

d) A real estate broker, licensed real estate salesperson, or licensed associate broker shall have displayed at all open houses of all real property the notice required by paragraph (a) of this section. In addition, a real estate broker, licensed real estate agent, or licensed associate broker shall
have available at all open houses and showings of all real property the notice required by paragraph (a) of section 175.28 of this part.

e) A real estate broker shall be jointly liable for any violation of this section committed by any licensed individual associated with such broker.

---
Section 177.9. Video Recording and Record Preservation requires schools to record their discrimination trainings - it states:

(a) Every entity approved to provide instruction pertaining to fair housing and/or discrimination in the sale or rental of real property or an interest in real property shall cause a recording to be created of each course in its entirety. Such recording shall contain both video and audio of the instruction.

(b) The recording required by paragraph (a) of this section shall be maintained by the approved entity for at least one year following the date such course was provided to an enrolled student. If the entity knows or suspects that the recording is or will be the subject of litigation, then the approved entity shall maintain such recording as required by law.

(c) The recording required by paragraph (a) of this section may be subject to audit by the Department pursuant to section 177.11 of this part.

What Landlords & Brokers Can Discuss When Dealing With Tenants To Avoid Discrimination in Housing

Housing discrimination is very serious and exposes Landlords and Real Estate Brokers to major lawsuits for big money damages. Attorney Andrew Lieb, Esq. explains to real estate investors and brokers how to minimize exposure and not discriminate to potential tenants. Learn what to say and what not to say when dealing with prospective tenants to avoid getting sued.

Housing Discrimination Lawsuits and Damages

On 11/17/19 Newsday published "Long Island Divided" a report of the state of housing discrimination on Long Island.

Private discrimination lawsuits are about to flood the courts and suits can result in 6 to 7 figure awards. A discrimination plaintiff bringing a court proceeding will seek actual damages (direct for loss of housing and consequential of emotional distress for loss of dignity), punitive damages, statutory penalties, attorneys' fees and costs.

Read the full article by Andrew Lieb, Esq. published in The Suffolk Lawyer here. 

New Regulations To Combat Housing Discrimination

On December 16, 2019, Governor Cuomo announced new regulations to help fight housing discrimination. Pursuant to Gov. Cuomo’s announcement and the DOS Board of Real Estate meeting (from 35:15 to 1:10:40) from the same day, the regulations require the following:

• Notification of Fair Housing laws: All prospective buyers, renters, sellers, and landlords receive the disclosure on fair housing and New York State Human Rights Law as furnished by the Department of State (similar to agency disclosure form, but with broader application). It must also be available at every open house or real estate showing conducted by a real estate professional. This will be known as 19 NYCRR 175.28.
•  Posting of Fair Housing laws: Real estate brokers must also display and maintain at every office a notice highlighting the Human Rights Law’s protections and how complaints may be filed. It must be visible from the sidewalk or another conspicuous place and must also be displayed on all websites created and maintained by real estate brokers, salespersons and teams. The notice must also be posted at every open house conducted by a real estate professional. This will be known as 19 NYCRR 175.29. 
• Video recording and record preservation: All entities approved to provide fair housing and/or discrimination training must record video and audio of every course in its entirety and must keep the recording for 1 year following the date the course was provided. This will be known as 19 NYCRR 177.9.

The proposed regulations will be published on the New York State Register and will be available for a public comment period of 60 days. Lieb Blog will post the proposed regulations once they are available. Stay tuned.

DOS Notice to Licensees in Real Estate Brokerage

Licensees just received this notice on Fair Housing. Remember - discriminating in real estate can result in fines, license revocation, and huge judgment awards in lawsuits.

Lieb School is committed to ending discrimination in housing by educating licensees about behaviors that constitute inadvertent discrimination. Lieb School - Where the Law is Followed.


Dear Licensee:

Please see attached Fair Housing Guidance Document. This email is a reminder notification of your obligation as a Real Estate Licensee to adhere to the laws prohibiting discriminatory practices.

If you have any questions pertaining to this topic, please contact us at eAccessNY@dos.ny.gov.

Division of Licensing Services
NYS Department of State

Dear LIBOR - Lieb School has a question about your Fair Housing Courses

Did you know that the statute, Real Property Law §441(3)(c), requires that fair housing courses be taught by attorneys only?

The statute states: It shall be taught by a qualified faculty with attorneys presenting legal subjects.

We are just wondering how Newsday's Long Island Divided reported on real estate licensees deficiencies in teaching fair housing when they aren't legally allowed to teach these courses in the first place.

Please let us know.

Liebschool.com - where the law is followed

Lieb School Facts: The Best Way To Protect Yourself, As A Broker, From a Discrimination Claim is to?

Learn more at The Fair Housing Act ONLINE - 4 CE Credits. 

Continuing Education Requirements for New York Licensed Real Estate Brokers and Salespersons

New York Real Estate Salespersons and Brokers are regulated by the Department of State, New York (DOS) and are required to complete 22.5 Continuing Education credits within a 2 year license renewal period.  License renewal dates can be found on the New York State Real Estate License (look for license expiration date). 

As of 01/01/2017, Licensed NY Real Estate Salespersons and Brokers must take the following Continuing Education courses in their renewal cycle:

• 3 Hours of instruction pertaining to Fair Housing and/or Discrimination in the sale or rental of real property or an interest of real property
• 2 Hours of Agency Disclosure for the initial two-year licensing term and at least 1 hour of Agency Disclosure in subsequent renewal cycles. 

If you are grandfathered in, the new continuing education requirements do not apply.  

• LAW 

• Draw your attention to this paragraph "The provisions of this paragraph shall not apply to any licensed real estate broker who is engaged full time in the real estate business  and who has been licensed under this article prior to July first, two thousand eight for at least fifteen consecutive years immediately preceding such renewal."

In addition to the New York State Continuing Education requirements, member's of the National Association of REALTORS® are required to complete ethics training of not less than 2 hours, 30 minutes of instructional time within four-year cycles. The training must meet specific learning objectives and criteria established by the National Association of REALTORS®. The current cycle will end Dec. 31, 2016. 

Lieb School offers a license renewal package that satisfies ALL of the requirements above. 

• Click here to register for the $99.00 package: 22.5 License Renewal Package covers Fair Housing, Agency Disclosure and Ethics requirements. 

Or you can purchase individual courses here:

• Fair Housing: $60.00 for 4 CE Credits (Satisfies DOS Fair Housing Requirement)
• Agency Disclosure: $80.00 for 8 CE Credits (Satisfies DOS Agency Disclosure Requirement)
• Conflicts of Interest: $35.00 (Satisfies DOS Agency Disclosure Requirement AND NAR Ethics Requirement)

Lieb School Launches 22.5 CE License Renewal Course Package | Online Video Classes | $99.00

NY Real Estate Continuing Education 22.5 Credit 

License Renewal Course Package 

(click for online classes preview - turn sound on)

Anywhere and anytime you can finish all 22.5 hours of real estate continuing education as long as you have internet access. Lieb School’s online license renewal package includes video, audio and interactivity to get the job done without making you want to gouge your eyeballs out. Satisfies Department of State, New York Real Estate Continuing Education Requirements for License Renewal.

Courses include:

• Deal Killers (3 CE Credits)
• Conflicts of Interest (3 CE Credits)
• Agency Disclosure (8 CE Credits)
• Divorce Deals (4.5 CE Credits)
• Fair Housing Act (4 CE Credits)

The first course in this package is Deal Killers, where you will learn how to comprehensively negotiate a deal with substance and understand how to lock in your commission through creating a paper trail proving that you addressed substantially all of the essential terms of the transaction while negotiating the deal. Next, Conflicts of Interest will teach you the role of each player in a transaction and how to avoid an ethical claim that can otherwise ruin your career. Following, you will learn the whole enchilada about agency disclosure including an easy to follow 12 scenario explanation of which form to give and when. After you have mastered how to fill out the agency disclosure forms, Divorce Deals will show you how to navigate through all of the complexities of selling a marital residence and share with you interesting insights of what your clients are going through during their divorce process. Last but certainly not least, after completing the Fair Housing Act course, you will learn the nationwide standard for anti-discrimination laws in residential housing and how to perform your job while avoiding lawsuits, which New York State is actively pursuing against real estate brokers today.

After trying Lieb School’s ONLINE classes, you will never want online education from any other provider. Lieb School’s leading distance education combines the latest interactive technology, license law education and continuing edutainment.

Each course includes a video from a live classroom setting that was instructed by premiere lecturer Andrew Lieb, Esq. Content is thereafter broken down in order to simplify the learning experience so that students can absorb our field’s complex materials without being overwhelmed.

*Prices Subject to change
** Must complete the courses 6 months from the date you registered

CLICK HERE TO REGISTER

Fair Housing Initiatives Launched on the Federal and State Levels

Andrew Lieb, Esq. takes a look at the most recent Fair Housing Initiatives.

Click here to read the full article published in The Suffolk Lawyer.

Fair Housing Act ONLINE | 4 CE Credits | ONLINE Video Class | Instructed by Andrew Lieb, Esq.

We know that you will never want education from anywhere else after you try it!

FINALLY A FAIR HOUSING CLASS THAT IS ENTERTAINING!!!

Fair Housing Act Online

4 CE Credits

Satisfies DOS Licensing Requirement

Instructed by Andrew Lieb, Esq.

* Works on PCs, MACs, IPADs, Tablets

Summary: Be warned - Discrimination in housing is very serious and exposes real estate agents to immense liability and the potential loss of their license. In fact, discrimination is so serious that the Department of State only requires this topic to be included in the requisite 22.5 hours of continuing education, but requires no other topic. This course is not a general survey course on discrimination, instead it explains a very specific law: The Fair Housing Act, which sets the nationwide standard for anti-discrimination laws in residential housing. The seminar will detail specific cases involving real estate agents who violated the Act. Be prepared for this course to hit home.

The Fair Housing Act ONLINE is an adaptation of the live class The Fair Housing Act offered by Lieb School. This 4 hour distance education course is designed to teach New York real estate brokers and salespersons how to perform their job without exposure to lawsuits.

This course is instructed by premiere lecturer and attorney Andrew M. Lieb, Esq., MPH, who combines video footage of live class segments with visuals, study guides, and quizzes in order to optimize your understanding of the intense materials. It is delivered in an asynchronous model to allow for accessibility whenever and wherever you find convenient while also offering note-taking and in-class comment features to provide opportunities for feedback, questions, and discussions.

Unlike the 3-credit live class, this course accounts for 4 credits of the total 2-year requirement of 22.5 credits for license renewal, thereby allowing you to satisfy more credits with just one class.

*** THIS COURSE SATISFIES THE ONLY MANDATORY CLASS REQUIREMENT FROM THE DEPARTMENT OF STATE OF NY (DOS) FOR AT LEAST 3 HOURS OF INSTRUCTION PERTAINING TO FAIR HOUSING AND / OR DISCRIMINATION ***

Click Here to Register For This Class. 

Upcoming Lieb School CE: Mortgage Mania in Melville

Mortgage Mania

Instructor: Andrew Lieb, Esq., MPH

Sponsor(s): Citizens Bank, DE Title Services, Douglas Elliman

Credits: 3.0 CE Hours

Price: Free

Location: Newsday Training Center (Melville)

It’s time to learn the secrets in order to qualify for a mortgage. This seminar will begin with the basics, discussing everything from the definition of a mortgage to types of mortgages. You will learn who the players are at the bank and how their respective roles impact your deal. We will discuss the differences between a prequalification and a commitment and how to close your deal smoothly under the Real Estate Settlement Procedures Act. You will learn secrets that occur behind the scenes at the banks and how to navigate through issues with income, assets, credit scores, CO's, and open permits. This course will enable you to weed-out high-risk clients and to advise average credit score clients on structuring their applications to get approved. Let’s prevent mortgage contingency clauses from killing our deals.

Advanced Online Registration only. 

Supreme Court Rules To Remove Housing Discrimination: Landlords And Developers Beware

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. 

United States Supreme Court Holding: Plaintiffs Can Allege Disparate-Impact Discrimination Under Fair Housing Act

Today, in the case Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., the United States Supreme Court held 5-4 (Kennedy, Ginsburg, Breyer, Sotomayor & Kagan for the majority) that disparate-impact is a cognizable cause of action under the the Fair Housing Act (FHA). In short, a plaintiff can now point to statistical evidence of discrimination in lieu of the more difficult standard of proving that the defendant had actual discriminatory intent.

In the legal world, whether under the FHA, Title VII of the Civil Rights Act of 1964, or the Age Discrimination in Employment Act of 1967,  there are two types of discrimination: disparate-treatment, and disparate-impact. Disparate-treatment typically is discriminatory on its face. For instance, when a landlord refuses to rent to women. The landlord has discriminated against a protected class and is liable under the FHA. Disparate-impact is neutral on its face, but results in statistical discrimination of a protected class. For instance, when a landlord refuses to rent to people with long hair. The landlord's policy does not on its face discriminate against a protected class, but the effect is disproportionate discrimination against women. Under the theory of disparate-impact discrimination, the landlord is discriminating against a protected class, even though that may not be his intention, and is liable under the FHA.

In the Texas Department of Housing and Communities Affairs case, the plaintiff alleged that the criteria set by the Texas Department of Housing and Communities Affairs for the distribution of tax credits intended to assist development of low income housing resulted in discrimination on the basis of race. The criteria, which was racially neutral on its face because it considered  economic factors almost exclusively, had the statistical result of higher approval rates for communities with higher proportions of African-Americans. The plaintiff alleged that the criteria resulted in the Texas Department of Housing and Communities Affairs discriminating against Caucasians under the theory of disparate-impact.

The Supreme Court, recognizing the broad expansion of liability under the disparate-impact theory, carefully established the burden a plaintiff must meet to make a prima facie showing of discrimination. That is, statistical discrimination of a protect class alone will not result in liability. First, the plaintiff must show that the action or policy results in statistical discrimination against a protected class. Second, the plaintiff must show that there is a specific policy held or perpetrated by the defendant that is causing the disparate-impact discrimination. Third, the plaintiff must show that there is an alternative practice or policy that has less disparate impact while still serving the defendant's legitimate needs.

The consequences of this ruling will be far reaching as plaintiffs attempt to link facially neutral policies to disparate-impact discrimination against protected classes. In New York, for instance, disparate-impact greatly expands the potential liability for discrimination against the numerous protected classes in our State. While the FHA has seven (7) protected classes (Race, Color, National Origin, Religion, Sex, Familial Status, and Handicap), New York State has eleven (11) protected classes (Race, Creed, Color, National Origin, Sexual Orientation, Military Status, Sex, Age, Disability, Marital Status, and Familial Status) and New York City has fourteen (14) protected classes (Race, Creed, Color, National Origin, Gender, Age, Disability, Sexual Orientation, Marital Status, Partnership Status, Alienage Status, Citizenship Status, Lawful Source of Income, and Children are, may be, or would be residing with such person). While New York City and New York State already recognized disparate-impact as a cognizable cause of action in certain circumstances prior to this most recent Supreme Court ruling, the recognition of disparate-impact under the FHA will likely cause expansion of disparate-impact theories in jurisdictions and statutes which do not specifically recognize disparate-impact as a cognizable cause of action.

The law of the land is clear - disparate-impact is just as damaging as disparate-treatment and violators cannot hide behind facially neutral policies.

Enrollment is Now Open for Property Manager Liability: Requirements, Responsibilities and Fair Housing on 2/6/15 in Plainview

Property Manager Liability: Requirements, Responsibilities and Fair Housing

Instructor: Andrew Lieb, Esq., MPH

CE Credits: 3

Price: Free

Date: 02/06/2015 at 1:30pm in

Maximize your client's investment while minimizing your exposure to great liability. Be cautious, property management is a serious business that has many liability landmines for the weary. Do not just dabble in property management. Do not just help out a landlord brokerage client in dealing with their tenants. Learn why the Department of State considers property management to be a licensed activity in this State. Understand how to mitigate exposure to license law liability, premises liability, and fair housing liability. Get real life examples of what can go wrong. Most importantly, learn what must go into your Property Management Agreement and why a top property manager should get paid.

*** THIS COURSE SATISFIES THE ONLY MANDATORY CLASS REQUIREMENT FROM THE DEPARTMENT OF STATE (DOS) FOR AT LEAST 3 HOURS OF INSTRUCTION PERTAINING TO FAIR HOUSING AND / OR DISCRIMINATION ***

REGISTER FOR THIS CLASS HERE

Brand New Fair Housing CE Course Offered in Southampton

Property Manager Liability: 

Requirements, Responsibilities and Fair Housing

Maximize your client's investment while minimizing your exposure to great liability. Be cautious, property management is a serious business that has many liability landmines for the weary. Do not just dabble in property management. Do not just help out a landlord brokerage client in dealing with their tenants. Learn why the Department of State considers property management to be a licensed activity in this State. Understand how to mitigate exposure to license law liability, premises liability, and fair housing liability. Get real life examples of what can go wrong. Most importantly, learn what must go into your Property Management Agreement and why a top property manager should get paid.

Instructor: Andrew Lieb, Esq., MPH

Sponsor(s): DE Capital Mortgage, DE Title Services, Douglas Elliman

Credits: 3.0 CE Hours **Satisfies DOS Mandatory Fair Housing Requirement

Date: May 7th, 2014 in Southampton

Visit www.liebschool.com to enroll in this class

April is Fair Housing Month

Today is the beginning of Fair Housing Month. The Fair Housing Act was enacted on April 11, 1968, making it unlawful to discriminate against any person based on race, color, national origin, religion, sex, familial status, or handicap in the sale or rental of a dwelling. Although brokers must comply with the Fair Housing Act every day, it is in the month of April that the Fair Housing Act should be commemorated. Print out the Fair Housing Declaration and hand it out to your fellow agents. Reread the Fair Housing Act, and do not forget to sign up and attend our Lieb School class on the Fair Housing Act on September 18, 2014 or December 10, 2014. 

HUD 2012 Housing Discrimination Study: Housing Discrimination Against Racial and Ethnic Minorities

HUD just issued its study of incidence and forms of discrimination experienced by black, Hispanic, and Asian renters and homebuyers.

The study finds that "minority homeseekers are told about and shown fewer homes and apartments than whites", as a result of more than 8,000 tests conducted in 28 metropolitan areas.

Clearly discrimination still exists in housing. However, the study takes pains to explain that differing circumstances of classes of people in housing does not equal discrimination. Instead, the discrimination is only present when it causes the resulting disability in housing.

Real estate agents should read the Executive Summary, understand discrimination and be mindful to weed out such practices as we always strive to bring professionalism to our field.

HUD Launches Fair Housing Campaign - Brokerage Companies Need to Button Up

On April 3, 2013, the US Department of Housing and Urban Development kicked off Fair Housing Month with the launch of a national media campaign.

HUD's press release states: "The campaign, titled “Fair Housing Is Your Right. Use It,” includes English, Spanish, and Chinese radio and print public service advertisements (PSAs) that feature examples of actions which violate the Fair Housing Act and let the public know what to do if they experience housing discrimination."

To read the full press release, click here.
To see video from the campaign, click here.
To see the Public Service Announcements, click here.

While Fair Housing is nothing new, it will be on consumers mind this Fair Housing Month, so its important for brokerage managers to be more vigilant in reminding their agents to respect protected classes in housing. Also, remember that your local municipality: State, County, Town and Village may have additional Fair Housing statutes to protect citizens as the national Fair Housing Act is merely a floor of protected rights, not a ceiling. Also, agents in NYC should pay careful attention because the NYC Human Rights Law is the most protective of its kind in the nation.