Real Estate Brokerage Regulatory Updates - 5/31/19 NYS Board Of Real Estate Meeting Summary

On 5/31/19 the NYS Board of Real Estate continued its mission of optimizing the regulation of real estate brokers in our state by holding its meeting in NYC, Rochester and Albany. To remind real estate brokers and salespersons, the public is welcome at these meetings where the public can bring comments from the floor. It's encouraged that Lieb School students attend these meetings to have your voices heard. 

"[T]he Board has general authority to promulgate rules and regulations affecting real estate brokers and salespersons in order to administer and effectuate the purposes of Article 12-A of the Real Property Law."

A complete video of the meeting is available here.

In summary, the following was discussed:

1. Complaints: From 1/1/19 to 4/30/19, the Department of State received 241 complaints about licensees. For perspective, there are 134,964 licensees in New York State.
2. Testing: In 2018, of the 27,209 individuals who sat for the salesperson exam, 14,172 passed, which is roughly a 52% pass rate; of the 2,215 individuals who sat for the brokers exam, 1,447 passed, which is a 55% pass rate.
3. Regulations: The Board is considered updating advertising regulations as to web based advertising where lead generation will be specifically addressed. Additionally, corporate titles was raised as a concern and a committee was assigned to study the issue. The simple solution stated was increased enforcement. 
4. Discrimination: Lawful source of income was discussed and the Department, while working with the Division of Human Rights, is hopefully going to issue guidance. 

Remember, to take Lieb School's online classes to stay ahead of your profession. 

Sexual Harassment Complaints up 62% since 2016

According to the NYS Division of Human Rights, in legislative testimony provided earlier this month, sexual harassment complaints made to the Division have increased 62% since 2016.

Plus, this gigantic increase in complaints occurred before every employee in the State received training as to their rights when either being a victim of sexual harassment or being retaliated against for attempting to stop harassment.

Remember - every employer must train their employees before October 9, 2019 per Labor Law 201-g.

Failure to train is a misdemeanor and will be the kiss of death when trying to defend the company against a complaint of sex discrimination.

Real Tips HR: How to fire an ugly employee (episode 7)

Everything employers need to know about firing an ugly employee.

Federal Preemption of State Banking Laws — Are Mortgages and Foreclosures Ripe for Federal Regulation?

Foreclosure laws vary drastically between the states. A recent decision from the Ninth Circuit Court of Appeals questions whether national banks can rely upon regulations and guidance from the Office of the Comptroller of the Currency when deciding whether local state law governs. Dennis Valet, Esq., examines whether Congress will step in to regulate a fractured banking system filled with contradicting state laws in order to give national banks the certainty they need to operate in multiple jurisdictions.

Read the full article published in The Suffolk Lawyer here. 

Misclassification of Employees as Independent Contractors: A Costly Mistake

Misclassifying an employee as an independent contractor can be devastating to an employer. Employers can potentially be liable for back wages, overtime pay, liquidated damages, attorneys’ fees and stark penalties for failure to withhold applicable taxes, pay workers compensation and unemployment insurance. Learn how to avoid significant financial consequences prior to classifying them as independent contractors.

Read the full article by Mordy Yankovich, Esq. published in The Suffolk Lawyer here. 

Doing Business with HUD - Handbook Released

HUD issued the revised FHA Single Family Housing Policy Handbook on March 27, 2019. Updates are set forth on pages 2-17.

This Handbook details the requirements to do business with the Federal Housing Administration from origination to servicing and loss mitigation together with claims and enforcement.

While the document is primarily for mortgage lenders, real estate brokers who do business with HUD should review pages 102 and 964, as the Handbook details certification, recertification and enforcement.

Lieb Compliance Now Offers Sexual Harassment Prevention Training in Spanish

Every employer in New York State is required to provide employees with annual sexual harassment prevention trainings. New York City employers must provide employees AND independent contractors with sexual harassment prevention trainings.

Lieb Compliance now offers online interactive trainings in English and Spanish that are in full compliance with NYS and NYC Labor Laws.

To learn more visit: www.discriminationpreventiontraining.com 

Corporate Compliance Requires Up to Date Trainings - Per the Department of Justice

The Criminal Division of the US Department of Justice recently updated its guidance document for the "Evaluation of Corporate Compliance Programs."

Does your company's compliance program satisfy the guidance - get a compliance audit to find out ASAP.

To satisfy the guidance, your company needs to:

• Address risk assessment, including constant updates and revisions; 
• Offer accessible policies and procedures;
• Train and communicate;
• Investigate with a confidential reporting structure; 
• Address / train / evaluate its third-party partners, like agents, consultants, and distributors; and
• Evaluate targets' exposure before merging or acquiring.

This guidance particularly matters because " United States Sentencing Guidelines advise that consideration be given to whether the corporation had in place at the time of the misconduct an effective compliance program for purposes of calculating the appropriate organizational criminal fine."

NYC Outlaws Discrimination on the Basis of an Employee's "Sexual and Reproductive Health Decisions"

New York City has added yet another protected class to its human rights law. Effective May 20, 2019, NYC will prohibit employment discrimination based on an employee's "sexual and reproductive health decisions" which is defined as "any decision by an individual to receive services ... relating to sexual and reproductive health." Such services include but are not limited to:

1. Fertility-related medical procedures
2. Sexually transmitted disease prevention, testing and treatment
3. Family planning and counseling, i.e. birth control drugs, emergency contraception, sterilization procedures, pregnancy testing and abortion.

The text of the new law can be found here. All NYC employers should review and revise their internal policies prior to May 20, 2019 to limit exposure under this new law.

NYS Sexual Harassment Training may become NYS Discrimination Training

By Assembly Bill A5976, which has passed the NYS Assembly, sexual harassment trainings are going to become discrimination trainings in the near term - all protected classes, not just sex. As the Senate and the Governor are also in the same political party as the Assembly, it is expected to become law. Stay tuned.

Trainings just got even better with Lieb

We are thrilled to announce that we have enhanced our training center with an Audience Response System.

Now Lieb School and Lieb Compliance trainings at 308 W. Main Street, Smithtown New York will include an interactive component for student engagement that is second to none.

This system was specifically added for our sexualharassmenttrainingny.com program to empower audience members, who are otherwise reluctant to share their stories, by letting them know that their co-workers have had a similar experience. When the silent majority speaks, change happens.

We can't wait to learn with you.

The Town of Brookhaven has updated the Town Code & Fees

As of February 25, 2019, the method for establishing fees has changed for the following: 

• All building permits
• Universal design permits
• Fire prevention fees
• Sign permits
• Towing business fees
• Tree preservation fees
• Zoning and land use regulation fees
• Brookhaven Calabro Airport fees
• Department of the Assessor fees.

The formula used to calculate fees is (Current Fee) + ((B-A)/A x (Current Fee)) = New Fee. The formula was derived pursuant to the Consumer Price Index.

• B represents the price index from July to June of the immediately preceding year. 
• A is the price index for July of the immediately preceding year.

Because all variables in the formula are subject to change, the fees will increase each year on January 1st.

To view all the updates to the Town Code, click here.

Source of Income Discrimination now banned in all of New York State

Source of income discrimination is now prohibited in all of New York State as a result of Governor Cuomo’s signing of the New York State FY 2020 Budget. The Budget amends the New York State Human Rights Law or Section 292 of the Executive Law to add and define “lawful source of income” as a protected class.

The term “lawful source of income” shall include, but not be limited to, “child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance including, but not limited to, section 8 vouchers, or any other form of housing assistance payment or credit whether or not such income or credit is paid or attributed directly to a landlord, and any other forms of lawful income.” Exec. Law §292(36).

Prior to Governor Cuomo’s signing of the Budget, source of income discrimination was already prohibited in New York City, Nassau, Suffolk and Westchester Counties, among others. It is important to note that as a result of the new law, the cooperative and condominium exemptions in Westchester County are no longer applicable.

NYREJ | 2019 Ones to Watch: Andrew Lieb, Esq.

The New York Real Estate Journal has recognized Andrew Lieb in their spotlight section as 2019 Ones to Watch.

Click here to read the full article. 

CLE Materials - The Top Real Estate Laws of 2018

Available here are all cases, statutes, and other supporting materials for the CLE, The Top Real Estate Laws of 2018, sponsored by the Nassau County Bar Association, presented on Wednesday, April 10, 20109

Real Tips HR | Emotional distress is real and can result in 6 figure settlements

Neither physical contact nor physical injury is required to file a discrimination case. In this short video, Andrew Lieb, Esq. and Mordy Yankovich, Esq. illustrate the real exposure employers face from discrimination lawsuits including emotional distress damages, lost wages, punitive damages and attorneys' fees.

CLE Materials - The Top Real Estate Laws of 2018

Available here are all cases, statutes, and other supporting materials for the CLE, The Top Real Estate Laws of 2018, sponsored by First American Title, presented on Monday, April 8, 20109 at the The Omni Building.