LIEB BLOG

Legal Analysts

Showing posts with label Property Management. Show all posts
Showing posts with label Property Management. Show all posts

Thursday, December 07, 2017

Brand New Video CE: Property Investment ONLINE (3.5 CE Credits): ON SALE

Real estate can either be the best investment or largest liability of your lifetime. Starting with basic real estate math, this 3.5 credit real estate continuing education course teaches you how to perform fiscal assessments, isolate a property, evaluate prospective tenants and comply with local protocols. This course focuses on income producing property and is not limited to one subsect of commercial investment. After completing this course, you will be able to increase the valuation of your property listings through obtaining proper financial statements, leveraging capitalization rates, and understanding tax consequences of sales. Learn to be a real estate mogul with Lieb School.

Property Investment ONLINE is a video real estate continuing education course that satisfies 3.5 credits of the total 22.5 credits required by the NY Department of State for license renewal. This course was developed and instructed by Andrew Lieb, Esq., a premiere NY real estate litigator and compliance trainer that focuses his legal practice on real estate brokerage compliance and litigation. This course includes video segments filmed in front of a live studio audience and can be taken on Tablets, IPADs, MACs and PCs with a high speed internet connection.



Tuesday, January 20, 2015

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 ***

Wednesday, December 10, 2014

ALERT - Throw Out Your Old Form Leases Immediately

Residential leases are now required to contain a notice to tenant(s) concerning the existence of sprinkler systems.

“Sprinkler system” shall mean a system of piping and appurtenances designed and installed in accordance with generally accepted standards so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread.
See Executive Law 155-a.

Read the new law at Real Property Law 231-a.

The law specifically requires:

  • Notice in bold face type;
  • Notice that a maintained and operative sprinkler system in the leased premises is in - EXISTENCE OR NON-EXISTENCE; &
  • The last date of maintenance and inspection of any EXISTING sprinkler system.
The Bill's Justification states that "According to the Fire Sprinkler Initiative, the availability of smoke detectors, coupled with a maintained and operative sprinkler system installed in a residence, decreases the risk of dying in a fire by over 80%."

As a person that is into living, that statistic is jaw-dropping in support of the existence of sprinklers in residential housing. At the least, this new law provides tenants with the knowledge to make an informed choice as to whether to live in a premises without a sprinkler system. 

Real estate professionals should now immediately throw out any of their old leases and make sure to have a new residential lease prepared that complies with Real Property Law 231-a. Also, cooperative boards must not forget that they are leasing property as well. So, cooperatives that amend their proprietary leases must comply with RPL 231-a or risk the lease being held void. 

Monday, October 20, 2014

Lease Guaranties & Modifications - Be Sure to Draft Modifications Carefully

The Appellate Division recently addressed a situation where a guaranty accompanying the original lease was enforced post-modification of that underlying lease in 4 USS LLC v. DSW MS LLC where the court ruled that the Guarantee could "recover under the terms of the lease, prior to its modification".

This means that where you make a deal to modify the terms of your lease, you may still be personally liable under the old guaranty for past breaches of that previous lease.

The takeaway from this case is to address the guaranty documents in the modification documents and expressly state the intentions of the parties as to past breaches and their enforceability post-modification.

Real estate agents often only think about getting the functional results that their clients expressly state accomplished - this case is a reminder of the necessity to clean up the past before emerging into the goals stated by your clients for the future.

Otherwise, the past can come back to bite you.

Wednesday, September 10, 2014

Why Not to Rent Property to a Family Member

Before letting a family member stay at your house, read and share Andrew Lieb's latest article published in the New York Section of the Huffington Post.

The answer depends on two very important factors:
  1. Do you really need the money from your rental?
  2. Are you actually related to your family member?

The comprehensive article is available through the following link. Full Article