New York Real Estate License Renewal Questions and Answers for NY Licensed Salespersons, Brokers, and Associate Brokers

What are the Continuing Education requirements for real estate agents in NY?

As of 7/1/2021. All licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. 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. 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)

As of 4/20/2022: All licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. The 22.5 hours must include the following topics:

• 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)
• 2 hours on Cultural Competency

As of 6/19/2022: All licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. The 22.5 hours must include the following topics:

• 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)
• 2 hours on Implicit Bias Awareness and Understanding
• 2 hours on Cultural Competency

Who regulates my New York State Real Estate License?

The New York, Department of State (DOS) - Note Real Estate Boards / Schools / Trade Organizations are memberships not licensed. 

Are there any exemptions for Continuing Education requirements for real estate agents in NY?

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.

How do I renew my New York State Real Estate License?

License renewals must be completed online through the Department of State eACCESSny website. Please note that the renewal process requires licensees to validate education completion by answering “Yes” to the Continuing Education question that confirms all CE requirements have been satisfied. If you mistakenly answer “No”, the DOS will not renew your license until they see all original course completion certificates. You also have to hold onto the original course completion certificates in the event of a license audit by the DOS.

Where can I take my Real Estate Continuing Education courses?

Lieb School offers in-person and online real estate CE courses. Lieb School's online real estate courses are on-demand videos and you can take them at your own convenience. All courses are instructed by Attorney Andrew Lieb and satisfy the NY Department of State license renewal requirements. 

Does Lieb School report my completed credits to the NY Department of State (DOS)? Am I responsible for sending my course certificates to the DOS?

Credits received from Lieb School count towards the 22.5 required from the DOS for license renewal. Certificates provided at each class serve as proof of credit hours. After each in-person class, Lieb School provides paper certificates. After each online class, Lieb School provides immediate access to download a certificate. After you complete a Lieb School class, Lieb School will submit to the Department of State, Bureau of Educational Standards, all licensee information for successful completion of each course. Upon license renewal, the DOS will require the original signed certificate if you are selected for an audit. 

How do I download a course certificate after I complete a Lieb School online class? 

• Login Here (if you forgot your password reset it here)
• Click on Dashboard
• Click on "Completed Courses"
• Click on the class you need the certificate for
• Scroll to the bottom of the page. You will see "Cert
  
  
  
  ificate". To the right click on "Download Certificate". The certificate will open as a PDF.

Can I take Continuing Education after my NY Real Estate License Expires?

A licensee (salesperson or broker) can renew their license anytime within two years of the expiration date. Of course they cannot use the license once it is expired, but they do have two years to renew it before any penalties are imposed.

If the license is expired and has not been expired for over two years, they can renew the license online as long as there is a broker of record in place and they have completed the required continuing education. If they were terminated/cancelled by their previous broker, a broker must pick them up using the brokers eAccess account before they can submit an online renewal.  You can still take Continuing Education within the 2 years if your license expired. Lieb School offers on-demand 22.5 CE Credit Packages here. 

If the license has been expired for over two years, the record becomes null and void. At this point the licensee must retake and pass the NY licensing examination and can then reapply for a license. No continuing education is required to reapply as they are starting over. No qualifying education is required as long as they have a record in the Department of State system or can prove that they were previously issued a license.

Supreme Court Permits Biden's Healthcare Vaccine Mandate

All healthcare facilities that receive Medicare and/or Medicaid funding must ensure that their covered saff are vaccinated against COVID after the Supreme Court stayed injunctions that were preventing the implementation of the Department of Health and Human Services (DHHS) Interim Final Rule.

To be clear, the rule does not cover those healthcare workers with medical and religious exemptions and those who telework full-time. 

In permitting the mandate to be implemented, the Supreme Court found exactly what it said was lacking in the OSHA vaccine mandate case, to wit: specific language in a statute authorizing Biden's Executive Branch to impose a mandate. 

According to the Court, the core mission of the Department of Health and Human Services "is to ensure that the healthcare providers who care for Medicare and Medicaid patients protect their patients’ health and safety." In fact, the Court found that “infection prevention and control program designed . . . to help prevent the development and transmission of communicable diseases and infections” are precisely within the Department's charge. 

In addressing its divergent opinions, between OSHA and Healthcare, the Supreme Court explained:

The challenges posed by a global pandemic do not allow a federal agency to exercise power that Congress has not conferred upon it. At the same time, such unprecedented circumstances provide no grounds for limiting the exercise of authorities the agency has long been recognized to have.

 

Supreme Court Stays OSHA Vaccine or Mask / Test Mandate

In staying the OSHA vaccine mandate, the Supreme Court wrote "that the Secretary lacked authority to impose the mandate."

As the Court explained "permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization." The problem, as set forth by the Supreme Court, was that the mandate was indiscriminately applied. However, and to be CLEAR, the problem was not that it was unconstitutional, violated federalism, or anything else. 

The Supreme Court did not rule that either:

• The Federal Government cannot issue a nationwide vaccine mandate; or 
• Biden's Executive Branch cannot issue a nationwide vaccine mandate. 

Instead, it ruled that Congress did not grant OSHA the power to issue a nationwide vaccine mandate for all employers with 100 or more workers. 

In fact, the concurring opinion set it simply, "that power rests with the States and Congress, not OSHA."  

That is not to say OSHA has no power to regulate workplaces with respect to COVID. The Court carefully said OSHA does have power by writing that it was "not [] say[ing] OSHA lacks authority to regulate occupation-specific risks related to COVID–19. Where the virus poses a special danger because of the particular features of an employee’s job or workplace, targeted regulations are plainly permissible." As such, the Supreme Court invited a new mandate to be issued by OSHA and suggested that it targets COVID researchers or risks associated with crowded / cramped environments. 

As the concurring opinion explained, this case was decided on the Major Questions Doctrine, "'[w]e expect Congress to speak clearly' if it wishes to assign to an executive agency decisions 'of vast economic and political significance.'" Here, Congress did not clearly grant OSHA the power to do make this indiscriminate mandate. 

The fact that they didn't doesn't mean that they can't. Should Congress authorize OSHA now? 

NYS Eviction Moratorium Is Over January 15, 2022, ... Sort Of

The NYS eviction moratorium will end on January 15, 2022. 

But, after January 15, 2022, landlords are still going to face big obstacles if they want to evict residential tenants because of the Emergency Rental Assistance Program ("ERAP"). 

To evict under ERAP, a landlord is required to demonstrate that their tenant: 

1. Intentionally caused significant damage to the property;
2. Engaged in nuisance behavior or behavior that poses a safety hazard to others (landlord will have to provide specific instances and show that the behavior occurred more than one time);
3. Tenant owes rent prior from to the pandemic that was not covered by ERAP funding; 
4. Owes rent after receipt of ERAP funding; or 
5. Tenant doesn't qualify for ERAP because:
• Income is above 80 percent of the area medium income ("AMI") for federal program or Income is above 120 percent for NYS program;
• A member of the household did not experience significant costs or a financial hardship due to COVID;
• Tenant has paid rent and there are no rental arrears owed on or after March 13, 2020; or
• The household is not at risk of homelessness. 

Without making the above demonstration, tenants that applied for ERAP will be safe from eviction for another year. 

Landlords should therefore consider this checklist carefully before proceeding. While the moratorium is over on Saturday, landlords are still prevented from evicting many tenants and if they do evict, their costs are going to increase to prove that they can evict in the face of ERAP.  

NY Real Estate Salesperson & Brokers | Updates To Continuing Education Requirements in 2022

If you are a NY Licensed Real Estate Salesperson, Broker, or Associate Broker - CE Requirements are changing in 2022. There are new topics required for license renewal.  Lieb School is in the final stages of getting the newest topic of Cultural Competency licensed and will update the course catalog in the next few weeks. We have all other topics available on our course catalog. 

What are the Continuing Education requirements for real estate agents in NY?

As of 7/1/2021. All licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. 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. 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)

As of 4/20/2022: All licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. The 22.5 hours must include the following topics:

• 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)
• 2 hours on Cultural Competency

As of 6/19/2022: All licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. The 22.5 hours must include the following topics:

• 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)
• 2 hours on Implicit Bias Awareness and Understanding
• 2 hours on Cultural Competency

New Rules Protecting Federal Employees from Employment Discrimination Published

Since 2021, federal employees have been protected from workplace discrimination by the Elijah E. Cummings Federal Employee Anti-Discrimination Act of 2020, which added protections, notice, and reporting to the No FEAR Act.

To implement the Cummings Act, the Office of Personnel Management (OPM) published proposed rules on January 6, 2022, which are currently in the public comment period. 

These rules include:  

• Whistleblower and retaliation protections;
• Notice of findings of intentional acts of discrimination to be made on a publically accessible internet page;
• Agencies to submit annual reports to the Director of OPM;
• Agencies to submit disciplinary action reports to Equal Employment Opportunity Commission (EEOC);
• Agency employees found to have intentionally committed discriminatory acts, including retaliation, will have notations of the discriminatory acts added to the employee's personnel record;
• New public disclosure obligations; and
• Federal agencies to add new trainings for all employees about their rights and remedies under law.

The comment period ends on 2/07/2022 and then, these rules will be finalized to become effective. 

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.

Consumer Debt Interest Rate Reduced in 2022

Starting on April 30, 2022, the annual interest rate on money judgments arising out of consumer debt will be reduced from 9% to 2%.

The new law amends New York Civil Practice Laws and Rules §5004.

It's important to note that if the previous 9% interest rate applied to an ongoing judgment, the creditor has up to sixty (60) days from 4/30/2022 to issue and amend the interest rate to 2%. Any money collected in excess of the judgment amount shall be returned to the debtor. However, if the money was collected prior to 4/30/2022 to satisfy the debt in in full or in part, then the debtor has no right to a refund or remedy.

New Workers' Compensation Law Allows for Attorneys' Fees

A new law seeks to reduce bias against injured workers in low-income brackets who cannot afford attorneys' fees.

New York's Workers’ Compensation law has been amended to include awarding attorneys’ fees for the following services:

• 1/3^rd of one week’s compensation for awards made directing the continuation of weekly compensation benefits for temporary total or partial disability;

• 15% of the increased compensation when an award is made that increases the amount of compensation awarded or paid for a previous period(s) of temporary total or partial disability;

• 15% of the compensation due in excess of the employers/carrier’s previous payments when an award is made for loss of use or permanent facial disfigurement;

• 15% of the compensation due in excess of the employer or carrier’s previous payments plus a sum equivalent to 15 weeks of compensation when an award is made for permanent total disability or permanent partial disability;

• 15% of the compensation due in excess of the employer/carrier’s previous payments plus a sum equivalent to 15 weeks of compensation when an award is made for death benefits; and

• 15% of any benefits to be paid by the employers/carrier when an award is made under a waiver agreement.

The law became effective on 12/31/2021. 

Legal Analysis Podcast on Today's Supreme Court Hearings

NYS Adopts Sick Leave Rules & Leave Many Employers with Questions

New York State has adopted Sick Leave requirements for employers to follow under NY Labor Law § 196-b. With the new rule having become effective on 12/22/21, employers and their HR teams need to get up to speed quickly. 

The new rule requires employers of 3 different categorical sizes to provide a minimum number of paid sick leave hours for employees depending on the size of the employer and its net income. 

The rule does the following:

• Establishes standards of how employees shall accrue sick leave at a rate of no less than 1 hour per every 30 hours worked; 
• Protects employees from having to disclose confidential health information to employers as a condition to taking sick leave; 
• Sets up conditions for employees carrying over unused sick leave over to the following calendar year; 
• Creates protections to prevent employers from retaliating/discriminating against employees for exercising his/her sick leave rights; 
• Requires employers to provide written records of sick leave accrual upon employee request; 
• Requires that employees returning from sick leave be restored to their position prior to the sick leave with the same pay & other terms / conditions of employment; & 
• Allows for collective bargaining agreements to be entered into that provides for paid sick leave. 

Before the rule became effective, employers commented and expressed their concerns, under the regulatory process, and the government's responses have clarified the following facts:

• Newer employees will abuse sick leave because the rules allow employees to immediately use sick leave upon accrual; 
• Carrying over unused sick leave days to following years is problematic (per DOL, employers may either: (1) give employees the option to voluntarily elect to use & receive payment for paid sick leave prior to the end of a calendar year or carry over unused sick leave; or (2) only allow employees to carry over unused sick leave);
• Conflicts can arise between sick leave requirements and other leave policies if not clarified in the employer's policy manual;
• Employee abuse systems need to be in place within an employer's policy manual or issues will arise; and
• Collective bargaining agreements need to be addressed to comply with the new rule.

This new sick leave rule will continue to raise concerns by employers and employees, but proactive employees with great policy manuals / collective bargaining agreements, which have been updated to reflect the new rule will win the day. Otherwise, there are going to be a lot of discrimination and retaliation claims when sick leave issues arise. 

Employment Laws - Year End Review

As the year comes to a close, we want to remind employers of the following recent laws, regulations and guidance related to the workplace, many of which are currently in effect or take effect early next year.

1) Vaccine/Mask Mandates

• NYC Vaccine Mandate

NYC, via an Order of the Commissioner of Health and Mental Hygiene, now requires that all employers ensure that its workers are vaccinated against COVID-19. All private sector workers had to receive their first dose of a COVID-19 vaccine by December 27, 2021 and a 2nd dose 45 days later. Employers are further required to verify and keep a record of each worker's proof of vaccination. Workers may seek a reasonable accommodation for a qualifying disability or sincerely held religious belief. Violators may be penalized $1,000 per violation.

• OSHA (Federal) Mask Mandate

Citations (with large monetary penalties) for non-compliance with the OSHA vaccine mandate for all employers with 100+ employees is scheduled to begin on January 10, 2022. OSHA's mandate requires that qualifying employers ensure that all employees "be vaccinated or wear a protective face covering and take weekly tests." While the Sixth Circuit upheld the vaccine mandate, the U.S. Supreme Court will hear oral arguments on the vaccine mandate on January 7, 2021. Stay tuned to our blog for updates.

• NYS Mask Mandate 

Governor Hochul's statewide mandate requiring face mask/covering at all indoor public places is currently effective until January 15, 2022 (to be re-evaluated after this date). The mandate does not apply to indoor public areas that require proof of vaccination as a condition of entry. However, a business cannot "mix and match" i.e. permit individuals who show proof of vaccination to enter mask free while permitting those who do not present proof of vaccination to enter wearing a mask. Either no one is permitted entry that cannot provide proof of vaccination or everyone must wear a mask (whether vaccinated or not).

2. New York State HERO Act

On May 5, 2021, the NY HERO Act was signed into law in order to protect employees against exposure and disease during an airborne infectious disease outbreak. The HERO Act requires employers to take certain measures to protect their employees in the event of an outbreak including implementing an exposure prevention plan. On September 6, 2021, NYS Dept. of Health designated COVID-19 as a highly contagious communicable disease, which means that employers must currently have a written airborne infectious disease policy in effect.

3. Notice of Employee Monitoring

Pursuant to a new law signed by Gov. Hochul, beginning on May 7, 2022, employers in NYS who wish to monitor or otherwise tap telephone calls, e-mails, or internet access of an employee via any electronic device or system, must give prior written notice upon hiring to all employees. Additionally, each employer must post the notice of electronic monitoring in a visible place in the office. Businesses will be subjected to fines for violations.

4. Cannabis Use in the Workplace
The Department of Labor issued guidance on Section 201-D of the NY Labor Law which prohibits an employer from discriminating against employees for using cannabis outside of the workplace on their own time. While, per the guidance, an employer may prohibit cannabis use during work hours, an employer may only discipline employees (where employee did not use cannabis during work hours) who "manifest specific articulable symptoms of impairment" due to cannabis use. For example, odor of cannabis, without more, is insufficient to discipline an employee.

5.  Whistleblower Protections

Effective January 26, 2022, employees/independent contractors will have significantly expanded whistleblower protections, pursuant to Labor Law 740, if they disclose or threaten to disclose, to a supervisor or to a public body, an activity, policy or practice of the employer, that the employee reasonably believes is in violation of law, rule or regulation or that the employee reasonably believes poses a substantial and specific danger to the public health or safety.

6. Shared Work Program

Employees, without fear of retaliation, may petition their employer, in writing in advance of a layoff or within ten (10) days after a layoff to implement a “Shared Work” program (A shared work program was formed to assist employers in avoiding layoffs and maintain trained workers during an economic downturn by allowing employees to receive partial unemployment benefits while working reduced hours).

7. Requirement to Include Minimum and Maximum Salaries for all Posted Positions

Beginning in April 2022, unless vetoed by January 14, 2022, a new law will require NYC employers to include in all job advertisements, the minimum and maximum salaries for the posted position. Positions extend to jobs, promotions, or transfer opportunities. Employers that fail to include the minimum and maximum salaries will be in violation of the NYC Human Rights Law.

8.  Mandatory Enrollment in Retirement Plan

Governor Hochul recently signed legislation that will require private sector employers who do not provide their employees with a retirement plan to automatically enroll their employees in New York State's Secure Choice Savings Plan. Employees are able to opt out of the program at any time. Stay tuned for more details as the program is developed and implemented.




Happy New Year!

New Law: Co-ops under the Housing Stability and Tenant Protection Act of 2019

As of December 22, 2021, cooperatives have received 8 exemptions from the Housing Stability and Tenant Protection Act, which otherwise restricts landlords' rights as to their tenants.

When the Housing Stability and Tenant Protection Act came out, we repeatedly tried to explain to co-op boards, property managers (managing agents), real estate brokers, local NAR boards, and courts, amongst others, that this law applied to co-ops regardless that it clearly was not the intent of the legislature. To a non-lawyer intent of the legislature matters, to a lawyer the rules of statutory interpretation matter and you never get to the intent of the legislature if the statute is clear on its face, which the Housing Stability and Tenant Protection Act is. You see, co-ops are landlords and their shareholder-owner-occupiers are tenants. This is longstanding settled law, which  created a huge predicament for co-ops. 

Thankfully, roughly 2 years later, the law is finally fixed as follows:

• GOL 7-108(1-a), the deposit or advance limit of one month’s rent will no longer apply to owner-occupied cooperative apartments;
• RPL 226-c, the notice requirement for rent increases of 5% or more / non-renewal will no longer apply to owner-occupied cooperative apartments;
• RPL 238-a(1)(a), the preclusion of charging fees to review applications will no longer apply to  compensate managing agents and/or transfer agents for the processing, review, or acceptance of such prospective tenant’s application to become a shareholder of such co-op; 
• RPL 238-a(1)(b), the cap on fees for applications of $25 is inapplicable to applications from prospective shareholders to co-ops, but the limitation of only charging up to the actual cost remains;  
• RPL 238-a(2), late fees are now permitted on owner-occupied cooperative, but only up to 8% of monthly maintenance fee and only where the proprietary lease or occupancy agreement is updated to reflect such percentage;
• RPAPL 702(2), the limited definition of rent for purposes of a judgment in a summary proceeding is inapplicable to owner-occupied cooperatives to the extent that the proprietary lease or occupancy agreement is updated to reflect a different definition;  
• RPL 235-e, the 5-day non-payment of rent notice does not need to be sent by certified mail to co-op owner-occupants to the extent that the proprietary lease or occupancy agreement is updated to reflect a different method of serving notice; and 
• RPL 234, attorneys’ fees may be awarded to either party in the event of a default judgment concerning a co-op owner-occupant to the extent that the proprietary lease or occupancy agreement is updated to reflect the availability of such fees. 

We can't stress enough that half of these new updates require an updated proprietary lease / occupancy agreement to become effective. As to the other half, co-ops would also be wise to expressly provide for their rights under an updated proprietary lease / occupancy agreement. That all being said and even if a co-op does update its proprietary lease / occupancy agreement, it will remain a landlord and subject to landlord / tenant laws for every other law that restricts landlords' actions in NYS.

Restaurants Now Potentially Negligent for Grease Traps' Design & Warning Sign Defects

A new NYS law requires all food service establishments with a grease trap / interceptor to ensure that it's designed to withstand expected loads & prevent unauthorized access. This law is effective 1/10/2022. 

The law also calls for the State Fire Prevention & Building Code Counsel to create regulations about warnings / design requirements for grease traps.

Beyond providing for local governments to adopt local laws to enforce this new law, it definitely establishes exposure to restaurants for personal injuries. Restaurateurs and landlords should ensure compliance and modify their leases to establish who is responsible for compliance.   

 

NYS Liquor Authority Updates License Application Rules

The Alcoholic Beverage Control (ABC) Law in NYS is being updated. 

A new law provides for payment receipts for applications, which is effective 2/20/2022. It also provides that the status of all licenses / permits should be posted on its website by 12/22/2022. This website will also provide the anticipated application process length of time as well as notifying applicants when estimates change.   

 

Another new law modifies penalties for violations. 1st time administrative / paperwork violators will now be given opportunities to fix errors (15 to 20 days) if the violation is considered minor instead of facing misdemeanor penalties. 

eSignature Impersonations are Criminal - It's About Time!

As a Christmas Present, New York State caught up with the times and updated the Penal Law to make impersonating another by electronic signature illegal. 

That makes sense. 

Update! New York Criminalizes Falsifying Vaccination Records

Falsifying COVID-19 vaccination records, including vaccination cards, is officially a crime in New York State, effective December 22, 2021.

The new law amends §170.00 of the Penal Law to include vaccination cards as a written instrument. For a false vaccination card to be considered a written instrument the card must include either a government logo or something suggesting it was created by a government entity; it must suggest that the card was provided to a person by a vaccine provider; and must includes a date the person received the vaccine, the type of vaccine, and a lot number.

If someone violates the new law, they can be criminally charged with tampering with public records, offering a false instrument for filing, and issuing a false certificate. In addition, when someone intentionally alters, in any manner, or destroys computer material indicating that a person did or did not receive a vaccination against COVID-19, it shall be considered the crime of computer tampering.

With the new vaccination mandates in New York City now in effect, will the criminalization of falsifying vaccination cards deter people from obtaining fake vaccination cards. Comment below and let us know.

Update! New York is Ready to Receive Your Calls on Housing Discrimination

New law establishes a dedicated phone line for public use to voice complaints of housing discrimination. New York State’s Division of Human Rights will operate the phone line during regular business hours. The phone number will be posted on the Division of Human Rights website.

The law becomes effective, 120 days after December 21, 2021. 

Nothing in this Bill prevents you from hiring an attorney to pursue damages resulting from discriminatory conduct. If you believe that you suffered injuries as a result of housing discrimination, you may be entitled to compensatory damages and punitive damages plus, you can have your attorneys' fees paid for by the defendant. 

Electronic Notarization soon to be Legal in NYS, But NOT in Time for Omicron and Certainly Not Simple

Effective June 20, 2022 video and audio conferenced electronic notarizations will be legal in New York State, but why make us wait until June 20, 2022? 

The law, S1780C, was signed by the Governor on December 22, 2022, but provides its effective date is 180 after signing. So, we have to wait roughly 6 months for new Executive Law 137-a to be effective. Further, not all electronic notarizations are going to be valid with cumbersome rules being set forth in the statute and even more rules to come by the Secretary of State in the form of regulations authorized in the statute. 

The law creates a new type of notary, an Electronic Notary Public or Electronic Notary, who has registered with the Secretary of State such notary's capability of performing electronic notarial acts. Plus, the law requires this notary to "keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used... for a period of at least ten years." Interestingly, electronic notarizations require the electronic notary public to be in New York State when performing the service, but the signer's location is irrelevant. 

While it seems that this law will greatly impact the ability to have wills, mortgages, and citizenship forms signed, on its face, it provides an unnecessarily complicated framework given that we've been doing simple electronic notarizations during the pandemic to much success.

Third-Party Delivery Services Cannot Sell or Advertise Merchant's Products Without a Valid Agreement with the Merchant

On December 21, 2021, Gov. Hochul signed Bill A04651 into law, which requires third-party delivery services to have a valid agreement with merchants before advertising, promoting, or selling any of the merchant's products on their platforms. 

So going forward, third-party delivery services such as Uber Eats, DoorDash, and GrubHub must have valid agreements with local restaurants before promoting or selling any of the restaurants' food/products. There is no question, especially during the ongoing COVID-19 pandemic, local restaurants have utilized third-party delivery service platforms to further promote their businesses, to generate new customers, and to increase overall exposure to local communities. At the same time, the use of third-party food delivery services has exploded and these third-party food delivery services have gotten away with charging local restaurants excessive fees and commissions on the delivery of a restaurant's food/products, which have diminished a restaurant's overall profit. 

This new legislation also forbids any indemnity clauses in these agreements. It is common for many third-party food delivery services to attempt to limit their own liability for any issues related to the food itself or for any accidents that occur during the delivery process. This is why third-party service agreements often contain an indemnity clause, which is a "risk-shifting" provision, in which a restaurant agrees to defend, reimburse, and hold harmless a third-party food delivery service for any and all claims arising out of the third-party food delivery services' scope of work.  

This new legislation ensures that restaurants in New York State will know precisely what fees/commissions a third-party food delivery service will charge on deliveries and also protects restaurants against claims arising from the delivery of their food/products. 

Violations of this new legislation can result in a civil penalty of up to $1,000 per violation. Additionally, a restaurant has the right to file a lawsuit for damages, which includes the civil penalty of $1,000 per violation, injunctive relief, and may even be awarded reasonable court costs and attorney's fees at the court's discretion. 

Will we see fewer restaurants advertised on third-party delivery services apps going forward in light of this new legislation? 

Will we see a snowball effect of increased lawsuits against third-party delivery services? 

Time will tell...