Eye on Real Estate Podcast (11/16): Andrew Lieb, Dottie Herman, Brad Inman, Thomas Drew, Mike Conte

If you missed Eye on Real Estate on 11/16 you can listen to the podcast. Real Estate panel includes:

• Andrew Lieb - Lieb at Law Managing Attorney
• Dottie Herman - Douglas Elliman CEO
• Bradley Inman - Inman Founder
• Thomas Drew - Citizen Bank Executive
• Michael Conte - Insurance Expert

Listen to the Podcast here. 

Real Tips HR: How to accommodate pregnant employees in the workplace

Mordy Yankovich and Andrew Lieb discuss employers duty to offer reasonable accommodations to pregnant employees if there is a condition related to the pregnancy that affects how the employee can perform their job duties.

Watch this short clip here. 

No Certificate of Occupancy? No Rent, No Eviction Proceeding

On November 6, 2019, Governor Andrew Cuomo signed Assembly Bill 1646 into law. Assembly Bill 1646 amends the Multiple Residence Law and adds a new Section 302-a. The Multiple Residence Law applies to buildings with three or more units outside New York City.

Effective immediately, the new law prohibits the recovery of rent AND the commencement of an action for possession of a dwelling based on nonpayment of rent if the dwelling or structure occupied for human habitation does not have a certificate of occupancy or is not in compliance with the existing certificate of occupancy pursuant to Multiple Residence Law § 302.

The dwelling may be caused to be vacated for any nuisance or if it is occupied by more families or persons than permitted or is erected or occupied contrary to law. Such dwelling cannot be occupied until it or its occupancy has been made to conform to law.

Apart from a landlord being prohibited from recovering rent and possession of the premises through a nonpayment eviction proceeding, landlords should also be aware that violations may also be fined up to $500 or imprisonment up to a period of one year, or both.

What RE Brokers that were previously exempt from CE need to know about the new CE requirements

NY Real Estate Brokers and Salespersons that were previously exempt from Continuing Education will no longer be exempt and will need to have completed the full CE requirements, including the new subjects prior to submitting a renewal on or after 7/1/2021.

They can begin taking continuing education 2 years prior to the expiration date of their current license. Keep in mind that only those submitting a renewal on or after 7/1/21 must meet the new requirements.

For example: A licensee with a current license renewal date of 9/1/19 to 8/31/21 would need to complete the education, and the courses would have to be completed in the 2 years immediately preceding the renewal (after 9/1/19 and before submitting the renewal). Any licensee who submits the renewal prior to 7/1/21 may claim the exemption one last time. 

NOW, all licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. The 22.5 hours must include:

• 3 hours on fair housing &/or discrimination
• 2.5 hours on ethical business practices
• 1 hour on recent legal matters governing the practice of real estate brokers and salespersons in New York, which may include statutes, laws, regulations, rules, codes, Department of State Opinions and Decisions, and Court Decisions 
• 1 hour on the law of agency (2 hours in the initial 2-year cycle)

Lieb School has you covered! We are in the process of revamping our continuing education packages to comply with the new laws! 

Real Tips HR: What happens if an employer takes away a benefit that an employee already earned?

Employment law experts Andrew Lieb and Mordy Yankovich discuss removing accrued benefits to employees in this short clip.

LLC Owner Disclosure in Condos - Avoid the Bad Advice

News media is reporting that "Condo Buyers Can Keep Purchases Secret, N.Y. Tax Officials Say in Reversal," but is that true?

For reference, see Law Alert: LLC Owners ID Must be Disclosed in Real Estate Deals where we discuss S1730 requiring disclosure of the beneficial ownership of a one-to four-family dwelling unit owned by a LLC on real estate transfer tax forms.

It is noted that the guidance referred to by the Journal cannot be located besides through the use of deduction from a careful reading of the Department of Taxation and Finance website where the term condominium was removed from its "Important Notice regarding conveyances to or from a limited liability company." That being said, real estate professionals are reminded that S1730 wasn't the only law concerning disclosure of owners of LLCs.

Instead, FinCEN had previously issued Real Estate Geographic Targeting Orders that requried such disclosure.

As a result, regardless if the Journal is correct, which remains questionable because it involves an interpretation of S1730, which is the perview of the judiciary, not the executive branch, disclosure remains required for purchases of $300,000 or more in Brooklyn, Queens, Bronx, Staten Island, or Manhattan in New York City, New York.

 

Legal Updates: Employers Are Required To Provide New Employees With Sexual Harassment Prevention Training on or before First Day of Work

New York State recently amended its antidiscrimination laws and clarified when new employees must be provided the Sexual Harassment Prevention Notice. The State’s updated guidance recommends that at the time of hiring (or at the beginning of their first day of work) employees must be provided the employer's sexual harassment prevention policy and the information presented at the employers sexual harassment prevention training program (in English and in the primary language of the employee).

Notice must be delivered in writing (in print or email). The notice must link to or include the policy and links to training materials. 

Under existing New York State law, employers must provide sexual harassment training and policies on an annual basis to all employees.

Read the full FAQ from NY.GOV here. 

Lieb Compliance is HR's one-stop sexual harassment solution in full compliance with NYS Labor Law §201-g and NYC Local Law 96. Offering web-based, on-demand, full-video trainings, company branded complaint forms and sexual harassment policies with digital receipts to defend prospective litigation and address Department of Labor audits. Beyond this product's simplicity in satisfying an otherwise onerous requirement, the training is electric by offering real-life case studies and practical advice delivered through the eyes of a litigator. Simply, this is the choice vendor if you want both compliance and to increase employee morale. Make training fun again. For more information visit discriminationpreventiontraining.com 

Lieb at Law is Hiring An Associate Attorney

Lieb at Law, P.C., is seeking an associate attorney to support the firms widely expanding litigation and transaction practice. This role will work across the firms practice areas. Newly admitted attorneys looking for experience in multiple fields of law are welcomed. You will be trained. Competence trumps experience and career growth is limited only by your own ability, ambition and desire to learn and evolve. We are looking for a potential star that is intellectually driven, who does not cut corners, has a fresh approach, thinks outside-the-box and can provide tangible fact-driven support.

Desired qualifications:

• Must love technology and use it always, must be comfortable in a paperless office with cloud based systems;
• Demonstrated proficiency in legal writing and oral advocacy;
• Dedicated, organized and detail-oriented;
• Ability to leverage substance rather than emotion

The firm’s practice areas include:

• Litigation: Commercial Litigation, Real Estate Litigation, Real Estate Brokerage Litigation, Title Litigation, Plaintiff Personal Injury, Landlord/Tenant, Estate Litigation and more.
• Employment Litigation, Compliance and Trainings: Discrimination, Harassment, Retaliation, Wage and Hour, Restrictive Covenants, Family Medical Leave Act, Alternative Dispute Resolution, Appeals; Employee Handbooks and Policies, Sexual Harassment and Discrimination Training, Wage and Hour Audits & more.
• Legal Compliance for Regulated Industries: Outside Compliance Counsel for regulated professions, Policy Drafting, Policy Implementation, Auditing, Corporate Compliance Trainings.
• Estate Planning and Probate: Last Wills, Advance Directives, Trusts, and Probate Administration.
• Transactions: Commercial and Residential Real Estate Purchase and Lease Transactions, Business Transactions and Negotiations.

Qualifications:

Candidate must have 1 year of experience at a law firm. Excellent critical thinking, writing, organization and research (Westlaw) skills. Must be technologically savvy and detail oriented.

Lieb at Law is different:

The law firm is a part-owner of a New York State Licensed Real Estate School, Lieb School, which offers in-class and digital courses throughout New York State and Connecticut. Lieb at Law, P.C. attorneys draft curriculum and teach at the school where they have the opportunity to establish themselves as topical experts and drive the future of the real estate brokerage industry. The law firm's sister firm, a Compliance Company, Lieb Compliance, leverages legal change to enhance business services. Lieb Compliance offers sexual harassment trainings and employment law support services.

About the firm:

The firm was founded in 1977. In 2009, Andrew Lieb acquired control of the firm and transformed its legal services from a general practice to a commercial litigation boutique focusing on real estate and legal compliance for regulated industries.

The firm’s litigation practice is driven by leveraging informational imbalances to win cases. This is a substance first law firm where data drives decision making and strategy.

To achieve the firm’s information focused litigation culture, staff have access to cloud-based legal research platform so the latest cases are available to our legal team everywhere, including within the courtroom. Next, a secure, cloud-based case management system catalogs every thought and action on each client’s matter. As a result, case facts are readily accessible through the stroke of a computer key, instead of being locked away in one attorney’s memory or private paper notes in some desk draw.

Finally, enterprise file sharing, storage and collaboration software is utilized to enable the efficient collaboration between attorneys where case strategy and document preparation benefits from fresh and innovative group think.

Lieb at Law’s latest research and collaboration tools extend to the firm’s transactional team, which ensures that contractual language is driven by our real life experiential learning from our contractual litigating practice.

Lastly, we publish and teach the law that we practice in order to always stay on the cutting edge. Lieb at Law’s work product is a derivative of embracing education and technology to provide a modern law firm that is at the vanguard of representation.

To apply email cover letter and resume to careers@liebatlaw.com 

Real Tips HR: Can Employers Fire an Employee Accused of Sexual Harassment?

In this #metoo movement, employers must know how to react when an employee gets accused of sexual harassment. Can employers just fire someone on the spot? Andrew Lieb and Mordy Yankovich explain the answer in this short clip.

Attention RE Brokers - No More CE Grandfathering + New Required Courses in CE

On 10/23/19, continuing education requirements for NYS real estate brokers, associate real estate brokers and real estate salespersons were changed by A6082. These changes are effective 7/1/21.

Lieb School has got you covered for your continuing education needs. Because our school's courses are written & taught by Andrew M. Lieb, Esq. we have been teaching the required courses this entire time! We know what topics you need to avoid getting sued while making money.

The new law creates 2 new categories of continuing education: "ethical business practices" & "recent legal matters" plus it eliminates grandfathering for brokers who were licensed 7/1/08.

NOW, all licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. The 22.5 hours must include:

• 3 hours on fair housing &/or discrimination
• 2.5 hours on ethical business practices
• 1 hour on recent legal matters governing the practice of real estate brokers and salespersons in New York, which may include statutes, laws, regulations, rules, codes, Department of State Opinions and Decisions, and Court Decisions 
• 1 hour on the law of agency (2 hours in the initial 2-year cycle)

Amended RPL §441(3)(a) now states (capital is newly added & [] are deleted):

No renewal license shall be issued any licensee under this article for any license period commencing November first, nineteen hundred ninety five unless such licensee shall have within the two year period immediately preceding such renewal attended at least twenty-two and one-half hours which shall include at least three hours of instruction pertaining to fair housing and/or discrimination in the  sale or rental of real property or an interest in real property, AT LEAST TWO AND ONE-HALF HOURS OF INSTRUCTION PERTAINING TO ETHICAL BUSINESS PRACTICES, AT LEAST ONE HOUR OF INSTRUCTION PERTAINING TO RECENT LEGAL MATTERS GOVERNING THE PRACTICE OF REAL ESTATE BROKERS AND SALESPERSONS IN NEW YORK WHICH MAY INCLUDE STATUTES, LAWS, REGULATIONS, RULES, CODES, DEPARTMENT OF STATE OPINIONS AND DECISIONS, AND COURT DECISIONS AND at least one hour of instruction pertaining to the law of agency except in the case of the initial two-year licensing term for real estate salespersons, two hours of agency related instruction must be completed, and successfully completed a continuing education real estate course or courses approved by the secretary of state as to method, content and  supervision, which approval may be withdrawn if in the opinion of the secretary of state such course or courses are not being conducted properly as to method, content and  supervision. For those individuals licensed pursuant to subdivision six of section four hundred forty-two-g of this article, in the individual's initial license term, at least eleven hours of the required twenty-two and one-half hours of continuing education shall be completed during the first year of the term. Of those eleven hours, three hours shall pertain to applicable New York state statutes and regulations governing the practice of real estate brokers and salespersons. To establish compliance with the continuing education requirements imposed by this section, licensees shall provide an affidavit, in a form acceptable to the department of state, establishing the nature of the continuing  education acquired and shall provide such further proof as required by the department of state. [The provisions of this paragraph shall not apply to any licensed real estate broker who is engaged full time in the real estate business and who has been licensed under this article prior to July first, two thousand eight for at least fifteen consecutive years immediately preceding such renewal.]