In opposition, the online travel companies argued that the City was taxing “a service fee under the guise of a tax on hotel rent” and therefore the tax was improper. The Court explained that the online travel companies were incorrect. The Court stated: “[u]nder the statute, the City may tax a ‘rent or charge,’ and it may collect the tax from a hotel ‘owner . . . or . . . person entitled to be paid the rent or charge’".  Further, “the City may tax any service fee that is a ‘condition of occupancy.’”

Aren’t brokerage fees on landlord / tenant a condition of occupancy? Maybe, but maybe not. Doesn’t a condition mean that its failure prevents the result? Can a broker prevent the result? No, therein is the difference between brokerage companies and travel sites. Real estate brokers often are cut out of deals and cannot prevent occupancy in order to get paid, but instead have a claim for commission that is separate from occupancy. In fact, no Lis Pendens is available to brokers and a mechanic’s lien is only available for a lease with a term of more than 3 years for non-residential property.

However, doesn’t Airbnb do just the same as Expedia? So, will companies like Expedia try to level the playing field next by lobbying that this tax is imposed on Airbnb as well? Right now, the cost of doing business for Airbnb just got cheaper and they now have a strategic financial advantage in the City of New York. What happens next is tantalizing.  

In the wake of the U.S. Supreme Court's June 26 same-sex marriage decisions, pressure has increased to expand protections under federal, state and local legislation regarding sexual orientation, gender identity and gender expression in the context of employment and housing. In the employment area, the Senate Health, Education, Labor and Pensions ("HELP") Committee has approved a bill, ENDA (the Employment Non-Discrimination Act), that would prohibit employers from discriminating against employees on the basis of sexual orientation or gender identity.

Learn more about employment and housing regulations and see the full published article here

Guess what? If you are trying to evict a family member and you resort to a summary proceeding, it will likely be dismissed. Instead, you will end up in a prolonged ejectment proceeding in Supreme Court or in the appropriate matrimonial / family part depending on your precise circumstances. This jurisdictional result is
because Family Member Evictions are typically not available in a summary proceeding. However, should an unrelated paramour be considered a family member after all?

See the full published article here...

Learn if a mortgage is good for you, your clients &/or customers.

Housing counselors provide advice on buying a home, renting, defaults, foreclosures, and credit issues.

In NY, 2 nationally approved housing counselors are:

1. National Federation of Community Development Credit Unions
2. National Urban League

However, there are many local housing counselors that can be found through this tool.

After, January 10, 2014 lenders will be required to provide a list of ten (10) housing counselors to all applicants for federally-related loans.

The list will also include this warning:
"The counseling agencies on this list are approved by the U.S. Department of Housing and Urban Development (HUD), and they can offer independent advice about whether a particular set of mortgage loan terms is a good fit based on your objectives and circumstances, often at little or no cost to you. This list shows you several approved agencies in your area. You can find other approved counseling agencies at the Consumer Financial Protection Bureau’s (CFPB) website: consumerfinance.gov/mortgagehelp or by calling 1-855-411-CFPB (2372). You can also access a list of nationwide HUD-approved counseling intermediaries at http://portal.hud.gov/hudportal/HUD?src=/ohc_nint.”

No need to wait until January 10th - real estate professionals should start directing consumers to this list today.

There has been a lot said about AirBnB these days. It's been called a disruptive technology (a compliment in the technology world) as a result of its leveraging the international sharing culture in real estate, by Gigaom, Fastcompany, and Techcrunch, among others. Yet, it has also been labeled as an illegal hotel site, which doesn't sufficiently warn its customers that their participation may be illegal as a violation of local transient laws. The latter appears to be the sentiments of New York State, as evidenced by the recent subpoena issued by the state's attorney general, Eric Schneiderman, seeking data on AirBnB's hosts. In response, AirBnB seems to be crafting a public relations campaign defending its business model by proposing that legislation be introduced at the state level requiring its users to pay taxes incident to their rentals. 

We are continuously receiving questions if a Team needs to create a new entity under the Advertising Regulations, at 19 NYCRR 175.25, for Real Estate Brokerages, which are effective January 2, 2014.

No, a team can continue to own an old entity that does not comply with the regulations for names so long as the team does not promote or solicit related to licensed real estate activity under that name.

So, the brokers ask us - wouldn't we always promote or solicit under our name.

Well, you can simply file a Certificate of Assumed Name with New York State that does comply, operate under that Assumed Name, but continue the entity structure that has the non-complying name, which is a much less expensive and time consuming solution than establishing a new entity.

To accomplish this Assumed name, read the Instructions for Completing the Certificate of Assumed Name first, then, fill out the form, pay the appropriate fee and file.

However, the form does state: "All documents should be prepared under the guidance of
an attorney". So, if you need help, hire an attorney.

Best of luck.