Specifically, in Schuhab HDFC v. Delacruz (Case Number: 64402/17), the court held that the tenant’s post-traumatic stress disorder (PTSD) from domestic violence should entitle her to a probationary order as reasonable accommodation. Under the Fair Housing Act, a landlord is required to provide a handicapped tenant with a reasonable accommodation for the tenant to keep the apartment (42 U.S.C.3605(f(3)(B)). In this case, such reasonable accommodation was in the form of a probationary stay – instead of the tenant getting evicted right away, she was allowed to stay subject to several conditions to prevent any adverse effect to other tenants and guests.

As background, the case was commenced as a holdover landlord-tenant eviction proceeding by Schuab HDFC against the tenant on the grounds that the tenant used or permitted the premises to be used for the distribution and/or sale of controlled substances. The tenant’s defense was that she neither knew of or acquiesced to the illegal activity. She also requested the court grant her a reasonable accommodation in the form of a probationary stay in the premises as a result of her disability from being a victim of domestic violence.

The Court’s decision narrates and incudes the instances of domestic violence that the tenant suffered from her former partner, the resulting PTSD, and the circumstances which led to her partner’s use of the premises for drug activity as testified by the tenant. While considering the tenant’s testimony and her psychiatrist’s input, the Court agreed in finding that the tenant suffers from PTSD and such disability should entitle her to a probationary stay under the Fair Housing Act.

Consequently, the Court granted the landlord a final judgment of possession against the tenant and other occupants, but also granted the probationary stay in the tenant’s favor as a reasonable accommodation under the FHA. The tenant is required to exclude her former partner from the premises, avoid and preclude others from participating in drug-related activity in the premises for a period of two (2) years. In the event of a breach, Petitioner may move for the issuance of a judgment of possession and warrant of eviction.

Real estate professionals should be aware of this decision in order to ensure compliance with the Fair Housing Act and limit exposure to claims of discrimination for refusing to provide reasonable accommodations.

On December 12, 2019, Governor Andrew Cuomo signed into law Senate Bill S5372 which amends Real Property Law § 291. Effective March 11, 2020, upon receiving a request to record a new conveyance, the county clerk or city registrar shall mail a written notice of the conveyance of real property to the current owner of record. Such notice must have the heading printed in 20-point bold type and read as follows:

NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF YOUR RESIDENTIAL PROPERTY.
To:______________________________
Name of owner of record
Our records show that you are listed as the current owner of record for residential property:
Block # __________ Lot # ________
Located At: ___________________________ street address
in the county of __________________ New York
On ____________, documents were filed at this
date

office to change ownership and transfer title of your property.

To: ______________________________
name of new owner
If you have any questions regarding the validity of the documents, and wish to dispute the recording of the transfer, you should obtain legal counsel. If you believe you are a victim of a crime related to this recording, contact your local law enforcement agency or, if in the City of New York, the office of the sheriff.

Moreover, there are ramifications for employers who do not have their employees take the training (i.e., it's a misdemeanor and likely will trigger an EPLI insurance provider to disclaim coverage in a prospective sex discrimination lawsuit). With risk avoidance being the key to these new laws, a sexual harassment vendor should offer the following:

New York is one of many states across the country that has implemented court-mandated settlement conferences for residential foreclosure actions.

It is important to understand how these conferences work so that homeowners can take full advantage of this opportunity to delay and avoid foreclosure. The initial conference must be scheduled within 60 days after the proof of service of the complaint has been filed with the county clerk and allows the borrower to meet with his or her Lender and a court referee or judge to discuss potential workout options, such as loan modifications or payment plans. If the borrower decides to apply for a loan modification, the Lender provides the borrower with a document request for the loan modification application, and the court referee sets deadlines for the submission and review of the application. Typically, there are numerous conferences throughout the application process in order to ensure that the borrower is complying with the Lender’s document requests and that the Lender is properly reviewing the application. If a borrower believes he was improperly denied a loan modification, his attorney may request a bad faith hearing with the judge to determine whether the Lender should be sanctioned for bad faith negotiations. These settlement conferences not only help homeowners delay the foreclosure process but also can stop the foreclosure process all together.

Not every person who has a property in foreclosure in New York State is entitled to these mandatory pre-trial foreclosure settlement conferences. The law in New York (CPLR 3408), extends the conferences only to owner-occupied residential properties, so if a homeowner has a vacant property or a rental property in foreclosure, he or she is not entitled to a CPLR 3408 conference as of right.

Further, CPLR 3408 does not apply in federal court, but settlement conferences are still available at the federal level. Rule 16 of the Federal Rules of Civil Procedure allows federal courts to hold pre-trial conferences for the purpose of settlement negotiations and encourages judges to take an active part in the settlement negotiations. The procedures differ at the federal level but the purpose is still the same. These conferences are often the difference between a homeowner staying in his or her home and losing it.