Legal Analysts

Showing posts with label Governor Hochul. Show all posts
Showing posts with label Governor Hochul. Show all posts

Monday, January 29, 2024

Emergency Ready: New Requirement for Property Management Companies

On January 26, 2024, Governor Hochul signed Bill No. A08494 to amend the multiple residence and dwelling law in New York State. Now, owners and agents of multiple residences and multiple dwellings need to provide emergency personnel a list of names and contact information of residents on lease execution, lease renewal, lease amendment, and now, on annual recertification if an owner is a public corporation regulated by the public housing law. 

The underlying law is important so first responders know that everyone is safe that should be in the housing in events like fires. However, the most vulnerable residents in these situations are often the ones without voices for themselves who are relegated to living in public housing. This new amendment is specific to them and applies the law of providing occupant lists to first responders for residents in housing owned by a public corporation under the public housing law. 

The amendment to the multiple residence and dwelling laws goes into effect on February 15, 2024. To learn more and read bill A08494, click here. How do you envision this impacting community safety? Let us know your thoughts below.

Friday, January 12, 2024

Enhancing Transparency: New Law on Disclosure of LLC Beneficial Owners

On December 22, 2023 Governor Hochul signed Bill A3484A amending New York State's limited liability company law and the executive law. This new amendment will significantly transform the landscape of limited liability companies (LLCs) in New York. How will this bill accomplish this? By eradicating anonymous ownership of LLCs. 

This amendment defines beneficial ownership while also mandating the disclosure of beneficial owners upon the formation of an LLC, and publicizing this information in New York State's business entity database. 

This change to the law stems from concerns about the repercussions of anonymous corporate ownership. It highlights the misuse of anonymous LLCs for various illicit activities, including tax evasion, funding criminal organizations, money laundering, and even hindering routine code enforcement.

This legislative move aligns New York State with global efforts to foster transparency in corporate ownership. By mandating disclosure and establishing a public database, this change to the law aims to curtail illicit activities associated with anonymous ownership while protecting genuine privacy concerns through specific exemptions and waivers.

The transparency this law brings will save time, money, and resources for those suing an LLC. This will reduce unnecessary motion practices and other additional steps that had been required in order to determine who to serve when suing an LLC. 

This bill stands as a significant step towards a more transparent and accountable business landscape in New York State.

This law comes into effect on December 21, 2024, 365 days after being signed by the Governor. To learn more about Bill A3484A , click here

Friday, December 01, 2023

Equality in Health Law: NYS Bill for LGBTQ+ & HIV Protection Against Discrimination

On November 30, 2023, Governor Hochul signed A0372A establishing a new section of the Public Health Law, Section 2803-c-2. 

This new addition to the Public Health Law combined with Executive Law 296 creates express discriminatory events that are actionable. 

The new Lesbian, Gay, Bisexual, Transgender and People Living with HIV Long Term Care Bill of Rights provides that it is unlawful for a long-term care facility or facility staff member to discriminate against any resident on the basis of such resident's actual or perceived sexual orientation, gender identity or expression, or human immunodeficiency virus (HIV) status. 

Under this new addition facilities are required to post notices about their nondiscrimination policies with information about reporting violations, employ procedures for recordkeeping purposes that include residents' gender identity, correct name as indicated by the resident, preferred pronoun as indicated by the resident, protect personally identifiable information regarding residents' sexual orientation and more. 

Facilities are also now required to ensure that facility staff that are not involved in providing direct care to residents are not present during physical examinations or the provision of personal care without the express permission of the resident or the resident's legally authorized representative and ensure that at least once every two years, each facility staff member who works directly with residents receives training on cultural competency focusing on patients who identify as LGBT and/or HIV.

If a facility  discriminates against an individual protected by Section 2803-c-2, that discriminatory conduct may be actionable under the New York State Human Rights Law.