Wednesday, August 29, 2018

Sexual Harassment Training Case Studies - Example 1

Facts: Li Yan's coworker Ralph has just been through a divorce. He drops comments on a few occasions that he is lonely and needs to find a new girlfriend. Li Yan and Ralph have been friendly in the past and have had lunch together in local restaurants on many occasions. Ralph asks Li Yan to go on a date with him—dinner and a movie. Li Yan likes Ralph and agrees to go out with him. She enjoys her date with Ralph but decides that a relationship is not a good idea. She thanks Ralph for a nice time, but explains that she does not want to have a relationship with him. Ralph waits two weeks and then starts pressuring Li Yan for more dates. She refuses, but Ralph does not stop. He keeps asking her to go out with him.


Question: When Ralph first asked Li Yan for a date, this was sexual harassment. True or False?

FALSE: Ralph's initial comments about looking for a girlfriend and asking Li Yan, a coworker, for a date are not sexual harassment. Even if Li Yan had turned Ralph down for the first date, Ralph had done nothing wrong by asking for a date and by making occasional comments that are not sexually explicit about his personal life.


To schedule your company's training - email info@liebcompliance.com the following information:
  • Company name
  • Your name / position / title 
  • Your telephone number
  • Your email address
  • Total amount of employees at your company
  • Whether you have a policy already in place (also required)
  • Whether your employees are computer literate
  • What days / times you request a training
Within 48 hours, a representative from Lieb Compliance will be in contact to solve your compliance obligation.



Tuesday, August 28, 2018

ATTENTION ALL EMPLOYERS | Sexual Harassment Trainings ARE NOW MANDATED IN NYS | Lieb Compliance Offers Solutions

Every employer in New York State is required to provide employees with sexual harassment prevention training pursuant to Section 201-g of the Labor Law.

The Burden - All employees MUST complete the training before January 1, 2019. This training must be:
  • Interactive with participation 
  • Accommodate questions 
  • Answer questions
  • Enable employee feedback on the training and materials
Great news, Lieb School, already has a course that is approved for continuing education credits in the real estate brokerage industry -  Sexual Harassment & Brokerage

The Solution - Lieb Compliance is launching NYS Compliant Sexual Harassment Trainings for employers at our state of the art training center at 308 W. Main Street, Smithtown New York on October 1, 2018. Concurrently, Lieb Compliance is launching tailored online trainings because employers are required to train new employees within 30 days of start date.  

To schedule your company's training - email info@liebcompliance.com the following information:
  • Company name
  • Your name / position / title 
  • Your telephone number
  • Your email address
  • Total amount of employees at your company
  • Whether you have a policy already in place (also required)
  • Whether your employees are computer literate
  • What days / times you request a training
Within 48 hours, a representative from Lieb Compliance will be in contact to solve your compliance obligation.


NYC Smoking Policies Required Today

Local Law 2017-147, which addresses Administrative Code Sections 17-502, 506.1, 508, and 513.2, requires all condos, co-ops and rentals in NYC to have smoking policies as of today. 

These policies must be included in the deed, the lease, the bylaws or rules, posted prominently and noticed annually. 

There are no rules of what the policies must be, but instead just that they must exist.
The purpose of these laws is to empower individuals to make informed decisions about where to live. 

Landlords - avoid civil monetary penalties by getting compliant immediately.  

Thursday, August 16, 2018

Andrew Lieb Esq, Radio Segment On Smooth Real Estate Purchase

Catch Andrew Matthew Lieb on NPR Peconic Public 88.3 WPPB - FM. He shares secrets to a smooth real estate purchase in the Hamptons and what questions you should ask before you commit to the purchase. He also explains bonus rights, FICO scores, the priority of credit and what to look for when hiring a buyer's broker. 

To listen click here

(You can fast forward to his direct segment at 19:30)

Tuesday, August 14, 2018

Great Architects Are Land Use Experts

As of right land use is the dimensional and physical limits that a town or village permits on a given parcel of property and which is set forth within a given town’s or village’s municipal code. Municipal codes throughout the East End can be found at ecode360.com and should be fully analyzed for as of right uses before a given parcel is purchased, especially when the purchase is being made with an eye towards development. These as of right land use laws cap the size, siting, materials, and engineering of structures while containing severe penalties for those who do not comply. These laws also differentiate the good architects from the great ones.

Read the full article in Dan's Papers by Andrew Lieb, Esq. here. 

Monday, August 06, 2018

Amendment To New York State Paid Family Leave Law Would Require Employers To Provide Paid Bereavement Leave

The New York State Senate and Assembly recently passed legislation to amend the New York Paid Family Leave Law, which went into effect in January 2018, to include paid time off for bereavement leave. The amendment, if signed by Governor Cuomo, would entitle qualified employees to use their Paid Family Leave to grieve the death of a family member.

The Paid Family Leave Law currently entitles qualified employees eight (8) weeks (increases to twelve (12) weeks by 2021) of paid leave for the following reasons:
  1. Provide care for a family member with a serious health condition;
  2. Bond with a child during the first twelve months after the child’s birth, adoption, or foster care placement;
  3. Due to exigent circumstances arising out of the employee’s spouse, domestic partner, child, or parent being on active duty in the armed forces of the United States.
Employers must ensure their insurance policies are updated to include coverage for Paid Family Leave which must include coverage for bereavement leave, if the Governor signs the legislation. In addition, employers should update their employee handbooks accordingly.

Wednesday, August 01, 2018

Service Requirements when Evicting a Tenant


When a landlord seeks to evict a tenant, the landlord needs to ensure compliance with service requirements. 

In New York, there are three ways that service is typically effectuated: (1) personal delivery (2) nail and mail; or (3) substituted service. 

When selecting a hearing date for the eviction proceeding, landlords must be mindful of the 5 and 12 Rule, as set forth in RPAPL §733The rule states that the tenant must be served no fewer than five days, but no more than twelve days prior to the hearing date. However, when is service complete?  

Although the rules vary slightly between the Housing and Justice Courts, generally speaking, the date the tenant is served does not count; the clock starts the date after the tenant was served.

However, the date of the hearing does count.

Putting it all together - if the hearing date is scheduled for a Wednesday, the last date to complete service would be the Friday before.

Also, if the final day of service falls on a Saturday, Sunday or public holiday, the time to complete service is extended to the next business day.

Lastly – don’t ever serve the lawsuit on a Sunday or other religious holiday as this is prohibited by law.

Monday, July 30, 2018

Luxury Has Rules: Landscaper Licensing and Payment Info East Enders Must Know

Not every business can landscape the luxurious real estate on the East End. It takes a test, some fees, and possibly multiple hours of continuing education to be permitted to manicure our yards, install our swimming pools and nestle our homes within shrubs and trees. We are serious about our landscapes on the East End.

Read the full article by Andrew Lieb, Esq. published in Danspapers here. 

Thursday, July 19, 2018

Mortgage Foreclosure SOL: 5-Prong Acceleration Test

A mortgage foreclosure lawsuit has a 6-year statute of limitations pursuant to CPLR §213(4). However, dismissal for statute of limitations purposes is largely dependent on lender error because lenders have the unilateral ability to deaccelerate a loan and thereby restart the accrual date of the statute of limitations. As a result, lenders may, through careful monitoring of the statute of limitations, avoid exposure to statute of limitations’ dismissal. To clarify, a lender cannot restart the accrual date for previously defaulted mortgage payments, which will continue to be subject to the 6-year statute of limitations and date of default accrual. Instead, a lender can only avoid statute of limitations dismissal with respect to future installment payments, which are only in default because of a lender’s prior election to contractually accelerate such payments, which is generally done by summons and complaint (e.g., pleading that lender “hereby elects to declare immediately due and payable the entire unpaid balance of principal”). It is these accelerated payments which may be deaccelerated to reset the accrual date for statute of limitations purposes and thereby preserve the lender’s right to future suit. However, whether a deacceleration election is effective has been fragmented in the case law until now.

Read the full article, be Andrew Lieb. Esq, published in The Suffolk Lawyer here. 

Tuesday, July 10, 2018

Judge Strikes Down Title Insurance Regulation 208

Regulation 208 (11 NYCRR 228) is now annulled pursuant to New York County Supreme Court Justice Rakower’s decision and order on New York State Land Title Association (NYSLTA) et. al. v. New York State Department of Financial Services (DFS).

The Court annulled Regulation 208 in its entirety and reasoned, among others, that Regulation 208 is “irrational” and “internally inconsistent.”

DFS has filed its Notice of Appeal. Stay tuned as it is yet to be determined whether Regulation 208 would be reinstituted with a stay or otherwise.

Monday, July 09, 2018

Rules for Building on Tidal Wetlands

You have your property, and now you’re thinking about what more you can build. If you’re near tidal wetlands, there is much to consider. Construction on tidal wetlands is often disallowed, there are three permits required, the applicant needs competent representation and most importantly, a lot of patience.

Read the full article in Dan's Papers by Andrew Lieb, Esq. here. 

Monday, July 02, 2018

The True Cost of Moving On Up

How Much Will Upgrading to a New Home Actually Run You? 

Andrew Lieb, Esq. explains the true cost of moving on up in Dan's Papers. Read the full article here. 

Monday, June 25, 2018

Outdoor Living Next Door to a Noisy Hamptons Neighbor

You rented your Hamptons’ summer home for serenity, but your neighbor apparently rented his to throw parties. Your idea of perfection is outdoor lunch with some nice background music and perhaps a nap on the hammock or reading a book. Your neighbor clearly likes drinking with a DJ and loud dance parties. You are just incompatible and this isn’t going to work. What should you do?

Friday, June 01, 2018

Real Estate Brokerage License Law - 2017 Appeals to Secretary of State - Precedent for Future Cases

In 2017, there were 8 administrative appeals before the Secretary of State concerning license law violations of real estate brokers.

As real estate brokerage professionals, we learn the following rules from these decisions:

  1. Hortman v. DLS (71 DOS APP 17): The 150 days in which an administrative law judge should make their determination is directory, not mandatory, in nature and cannot result in the proceeding being dismissed if violated; instead, an application to a court to compel the decision is the only recourse for a broker awaiting such a decision. Additionally, we are reminded that "efforts undertaken to locate financing to be secured by a mortgage, to pre-qualify potential borrowers, and to coordinate financing are activities which require appropriate licensure" if involving commercial real estate.
  2. Ronald St. Cyr v. DLS (74 DOS APP 17): Deadline periods to make payment on consent orders should be strictly followed, absent proof of a modification. While modification of the deadline was proven, we are reminded that records are everything when dealing with the government. 
  3. Ronald St. Cyr v. DLS (117 DOS APP 17): There is no right to have more time to settle and the default interest rate on a judgment is 9%. All too often clients believe that they have a right to settle; you don't!
  4. Da Huang v. DLS (87 DOS APP 17): If you lose a case on default, always make sure that jurisdiction was obtained over you, which, for real estate brokerage license law complaints, means "by delivery of same personally to the licensee, or by mailing same by certified mail to the last known business address of such licensee... or by any method authorized by the civil practice law and rules." Remember to check the address if certified mail was utilized because if its wrongly addressed, there are grounds for dismissal. 
  5. Banfield v. DLS (85 DOS APP 17): Failure to cooperate with a DLS investigator is grounds for charge pursuant to RPL 442-e(5). Better have a paper trail of efforts to cooperate. We always recommend using the hot potato game when dealing with the government. Make sure they are caught with the hot potato (last contact offering dates) when the music stops.  
  6. Cilino v. DLS (19 DOS APP 17): Defaulting in appearing at a hearing is really bad. 
  7. Goulbourne v. DLS (118 DOS APP 17): An appeal of decision or order of suspension must be made within 30 calendar days of receipt of the decisions / order in compliance with 19 NYCRR 400.2(k). Plus, there are special rules of construction in the General Construction Law about how those 30 days are calculated. Know the rules or don't play the game.
  8. Zubulake v. DLS (19 DOS APP 17): An application for a real estate brokerage license based upon "equivalent experience in general real estate business for a period of at least three years" is determined by a point system set forth at 19 NYCRR 179.3 and is mandatory to be following by the DLS in hearing such an application.  
As can clearly be gleaned, going at it alone or without knowledge of prior decisions is almost certainly fatal if you want to protect your license.  

Wednesday, May 23, 2018

NYS Sexual Harassment Law Exposes Businesses to Claims by Independent Contractor Victims of Independent Contractor Harassers: Real Estate Brokerage Firms be Warned

NYS companies utilizing the services of independent contractors, such as real estate brokerage firms, are now exposed to liability for the acts of their independent contractors who sexually harassed other independent contractors who were associated with the same company by way of new Executive Law.

Read the full article by Andrew Lieb, Esq. here. 

Friday, May 18, 2018

Dan's Papers Advertising Deal for Lieb School Students

Excited to share a special Dan's Papers Advertising Deal for Lieb School Students! 

$999 Full Newsprint Page for the Memorial Day Issue of Dan's Papers, if you book by 6pm on Monday 5/21. 

Plus get 2 FREE General Admission tickets to the Dan’s Rosé Soirée event! To take advantage of this deal email ericf@danshamptons.com 


Thursday, May 17, 2018

10 Keys To East End Real Estate In 2018

If you are investing in real estate this year, this is a must read for buyers, sellers, landlords, tenants and even neighbors. While this was published in a hamptons magazine, the facts can really apply to all NY real estate.

Read Andrew Lieb, Esq. full article published in Behind The Hedges Here.