LIEB BLOG

Legal Analysts

Showing posts with label Suffolk County. Show all posts
Showing posts with label Suffolk County. Show all posts

Monday, January 10, 2022

Suffolk County Renters: BEWARE!

fraud , Landlord
Suffolk County Renters: BEWARE!

Suffolk County renters: BEWARE! Those looking to rent in Suffolk County, New York should proceed with caution when searching for a rental home. 


In an effort to protect Suffolk County tenant/residents from rental fraud, the County Legislature has amended Local Law No. 30-2021. Rental fraud is committed when a person or entity leases a residential or commercial property to another, when that person or entity does not have an ownership interest in the property or authorization from the owner to lease the property. Properties that are vacant or foreclosed upon are typically the kinds of properties that are used for rental fraud. 


The law now states that "persons seeking to rent or lease real property MAY [emphasis added] demonstrate ... ownership interest or authorization to rent, lease or sublet real property." Ownership interest for real property can be demonstrated to a potential tenant via a fully signed and valid deed or a fully signed lease agreement. Similarly, a person can demonstrate they have authorization from the property owner to rent or lease the property by providing a potential tenant with proof of agency. 


The problem with this new law is that the Legislature does not actually require those looking to lease out their real property to prove that they are indeed the owner of the property. If the Legislature actually wants to protect potential tenants from rental fraud, they need to revise this law immediately and require that persons seeking to rent out real property provide proof of ownership or agency authorization incident to such rental.


Those who commit rental fraud and are caught will face penalties subject to a fine of up to $1,000.00 and/or up to six months imprisonment. Do you think the punishment fits the crime? 


In the meantime, potential tenants can and should take additional steps to protect themselves where the Legislature has fallen short. As rental fraud has become a hot topic in Suffolk, potential tenants should do their research, as well as request proof of ownership from those who are leasing properties. If a lessor refuses or cannot provide proof of ownership or agency authorization, it may be best to continue the house hunt.




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Wednesday, July 15, 2020

Suffolk County Fair Housing Task Force Expected to Begin Efforts to Combat Discrimination

Discrimination , Fair Housing
Suffolk County Fair Housing Task Force Expected to Begin Efforts to Combat Discrimination
On July 14, 2020, the Suffolk County Fair Housing Task Force convened for the first time after its creation and after delays due to the coronavirus pandemic. Its meeting agenda included a discussion of the group’s mission, goals, and expectations. The Task Force is expected to hold public hearings to gather information from residents, experts, and advocates and thus, provide the legislature and County Executive with their report of findings. The Task Force is also expected to start its efforts to combat housing discrimination in Suffolk County. Thus, real estate brokers are reminded of their duty to supervise agents and to be prepared by ensuring that agents receive proper training and that they comply with Fair Housing and discrimination laws.

As background, the Task Force was formed by resolution after the results of a multi-year investigation by Newsday and testers found extensive evidence of impermissible steering of consumers based on race. As such, the Task Force was charged with the responsibility to conduct a comprehensive review of Suffolk County’s Human Rights Law and provide recommendations to improve and strengthen these regulations to more effectively and efficiently stop individuals from discriminating against potential buyers of homes in Suffolk County.

Real estate brokers should be aware that private discrimination claims can include claims for actual damages, punitive damages, statutory penalties, attorneys’ fees and costs, as well as, the suspension or revocation of real estate licenses. To prevent liability and ensure that your licensed associates are properly trained to comply with current Fair Housing and discrimination laws, contact Lieb Compliance HERE for on-demand custom digital trainings for your licensed associates.
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Monday, May 18, 2020

Suffolk County Enacts "Ban the Box" Law Prohibiting Employers from Inquiring into an Applicant's Criminal Conviction History

criminal conviction history , Employment Law
Suffolk County Enacts "Ban the Box" Law Prohibiting Employers from Inquiring into an Applicant's Criminal Conviction History
The Suffolk County Legislature recently passed a "Ban the Box" law which will prohibit all employers in Suffolk County with 15 or more employees from inquiring as to a candidate's criminal conviction history during the application process. 

An employer cannot consider an applicant's criminal conviction history until after an application has been submitted and the initial interview has been conducted. An employer may only deny employment based on an applicant's criminal conviction history after conducting an individualized inquiry and concluding that the criminal conviction "bears a direct relationship to the duties and responsibilities of the position sought, or that hiring would pose an unreasonable risk to the property or to the safety of individuals or the general public."

The law specifically exempts the Suffolk County Police Department, the Suffolk County Department of Fire, Rescue and Emergency Services, public or private schools and any public or private provider of care or supervision for children, young adults, or physically or mentally disabled individuals. 

An aggrieved individual may file a claim with the Suffolk County Human Rights Commission or file a civil lawsuit. Employers in Suffolk County should immediately adjust their hiring practices and policies to avoid substantial liability.

The law is effective as of August 25, 2020.


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Wednesday, March 18, 2020

Nassau and Suffolk County Evictions and Foreclosure Auctions on Hold

auction , coronavirus
Nassau and Suffolk County Evictions and Foreclosure Auctions on Hold
Effective 5:00 pm on March 16, 2020, no eviction orders shall be signed and no foreclosure auctions shall be held in all Nassau and Suffolk Courts. The hold is in effect until rescinded and it is in accordance with the protocol put into place by the Chief Administrative Judge of New York State Courts due to COVID-19.

You can see the Nassau County Administrative Order here and the Suffolk County Administrative Order here.

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Tuesday, June 18, 2019

No More Straws at Suffolk County Restaurants

convenience store , grocery
No More Straws at Suffolk County Restaurants
Effective January 1, 2020, Suffolk County restaurants, grocery stores, supermarkets, and convenience stores are only allowed to provide paper / food straws (biodegradable and/or backyard compostable single-use beverage straws or stirrers) to consumers and you don’t get them unless you request them.

These restrictions are pursuant to L.L. No. 20-2019 or §700-13 et seq. of the Suffolk County Code.

There are exceptions though - straws are still allowed for prepackaged individual serving beverages with a small plastic straw included such as juice or milk boxes and pouches. Straws may also still be provided with drinks purchased at a drive through window or self-service beverage station provided that it is biodegradable and/or backyard compostable. Lastly, consumers with a disability or medical condition may still request a plastic or other non-biodegradable straw or stirrer.

Violations are subject to a civil penalty of $100 for the first violation, $200 for any second violation occurring within 12 months of the first violation, and $400 for any third or subsequent violations within 12 months of a prior violation. Each day a violation occurs is a separate and distinct offense.

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Friday, April 05, 2019

New NYC Transfer and Mansion Tax Rates | Summary of Transfer Tax Rates for NYC, Nassau, Suffolk, and Westchester Counties

Mansion tax , Nassau County
New NYC Transfer and Mansion Tax Rates | Summary of Transfer Tax Rates for NYC, Nassau, Suffolk, and Westchester Counties
On March 31, 2019, Governor Cuomo signed the New York State Budget for the 2020 Fiscal Year. Notable changes include increased real estate transfer tax rates and mansion taxes for properties in New York City and other cities with a population of over 1 million.

The new transfer tax and mansion tax rates apply only to property transfers in New York City (and other +1MM cities) after July 1, 2019, except for transfers with contracts signed on or before April 1, 2019 provided that the “date of execution of the contract is confirmed by independent evidence, such as the recording of the contract, payment of a deposit or other facts and circumstances determined by the commissioner of taxation and finance.” Transfer tax rates for counties outside New York counties remain the same.

Many writers have commented on these new rates causing much confusion as NYC has its own transfer tax separate and apart from NYS. The NYC transfer tax remains unchanged. However, the NYS transfer tax, as applicable to NYC (and other +1MM cities) has been increased. So, now NYC has two (2) transfer taxes, one (1) to the state and one (1) the city, that are each different from the majority of the rest of NYS.

NEW YORK CITY
New York State Residential Real Property Transfer Taxes apply to the following:
Residential Type 1: A transfer of economic interest in: a one- to three-family house;
  • an individual residential condominium unit; or
  • an individual cooperative apartment.
Residential Type 2: A grant, assignment, or surrender of, or the transfer of an economic interest in a leasehold interest in:
  • a one, two, or three family house; or
  • an individual dwelling unit in a home of more than three families living independently of each other.

NYC – Residential Real Property Transfers
Purchase Price
NYS Transfer Tax
NYC Transfer Tax
Mansion Tax Rate
Payor
Seller
Seller
Buyer
$1 - $500,000
0.40%
1%
N/A
$500,001 -  $1,000,000
0.40%
1.425%
N/A
$1,000,000 - $1,999,999
0.40%
1.425%
1.00%
$2,000,000 - $2,999,999
0.40%
1.425%
1.25%
$3,000,000 - $4,999,999
0.65%
1.425%
1.50%
$5,000,000 - $9,999,999
0.65%
1.425%
2.25%
$10,000,000 - $14,999,999
0.65%
1.425%
3.25%
$15,000,000 - $19,999,999
0.65%
1.425%
3.50%
$20,000,000 - $24,999,999
0.65%
1.425%
3.75%
$25,000,000 or more
0.65%
1.425%
3.90%

NYC – All Other Transfers (Multi-Use, Commercial, etc.)
Purchase Price
NYS Transfer Tax
NYC Transfer Tax
Mansion Tax Rate
Payor
Seller
Seller
Buyer
$1 - $500,000
0.40%
1.425%
N/A
$500,001 -  $1,000,000
0.40%
2.625%
N/A
$1,000,000 - $1,999,999
0.40%
2.625%
1.00%
$2,000,000 - $2,999,999
0.65%
2.625%
1.25%
$3,000,000 - $4,999,999
0.65%
2.625%
1.50%
$5,000,000 - $9,999,999
0.65%
2.625%
2.25%
$10,000,000 - $14,999,999
0.65%
2.625%
3.25%
$15,000,000 - $19,999,999
0.65%
2.625%
3.50%
$20,000,000 - $24,999,999
0.65%
2.625%
3.75%
$25,000,000 or more
0.65%
2.625%
3.90%

NASSAU COUNTY

Purchase Price
NYS Transfer Tax
Mansion Tax Rate
Payor
Seller
Buyer
$1 - $999,999
0.40%
N/A
$1,000,000 or more
0.40%
1%

SUFFOLK COUNTY

Purchase Price
NYS Transfer Tax
Peconic Bay Transfer Tax*
Mansion Tax Rate
Payor
Seller
Buyer
Buyer
$1 - $999,999
0.40%
2%
N/A
$1,000,000 or more
0.40%
2%
1%

  *Applies to properties in Southold, East Hampton, Southampton, Riverhead, and Shelter Island and subject to exemptions

WESTCHESTER COUNTY

Purchase Price
NYS Transfer Tax
Yonkers Transfer Tax
Mt. Vernon Transfer Tax
Mansion Tax Rate
Payor
Seller
Seller
Seller
Buyer
$1 - $25,000
0.40%
N/A
N/A
N/A
$25,001 - $100,000
0.40%
1.5%
N/A
N/A
$100,001 - $999,999
0.40%
1.5%
1% after first $100,000
N/A
$1,000,000 or more
0.40%
1.5%
1%



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