Tuesday, June 25, 2019
Landlords/Associations Need Policies/Procedures to Address Tenant-on-Tenant Harassment
Be warned, Assoc. Boards / Landlords without policies to address tenant-on-tenant harassment are liable to victims. Read the full article by Andrew Lieb, Esq. published in the Suffolk Lawyer Here.
Friday, June 21, 2019
Long Island Landlord Eviction and Lease Alert
On June 14, 2019, Gov. Andrew Cuomo signed legislation significantly changing the rental industry in New York. The Statewide Housing Security and Tenant Protection Act of 2019 brings the following notable changes which apply to residential rental properties throughout New York State.
Landlords, be advised of the following:
As to Leases and Tenant Management:
1. Tenants’ Past or Pending Landlord-Tenant Action: Landlords are not allowed to deny to rent to a tenant based on past or pending landlord-tenant actions. Delayed effectiveness to July 14, 2019.
2. Charge Cap on Tenant Screening and Applications: Landlords are not allowed to charge any fees for processing, accepting, and/or reviewing tenant applications. Fees for background & credit checks is limited to the actual cost or $20, whichever is less. Background / credit check fee may be waived if tenant provides a copy of a background / credit check done within 30 days.
3. Notice for Refusal to Renew or Increase Rent over 5%: 30/60/90 days' written notice required for refusal to renew or to increase rent over 5%. Delayed effectiveness to October 12, 2019.
4. 5% or $50 Late Fee Limits: Landlords can only charge late fees 5 days after due date per lease and limited to 5% or $50, whichever is less.
5. Security Cap: Security deposits are limited to 1 month’s rent and must be returned within 14 days of the end of occupancy together with an itemized statement of the portion withheld. Tenants have the right to ask for a walkthrough inspection with the landlord before and at the end of occupancy. Delayed effectiveness to July 14, 2019.
6. Prepaid Rent Cap: Same cap for prepaid rent as exists for security caps and its cumulative between the prepaid rent and security; a total of 1 month.
7. Receipt Requirement: Landlords are required to provide written receipts upon receiving cash rent (i.e., anything besides a personal check).
8. Landlord’s Duty to Mitigate: Landlord required to mitigate damages by re-renting at fair market value if tenant leaves in violation of the lease.
9. Receipt Requirement: Tenant must receive written receipt of payment of rent in cash or any other instrument other than a personal check. The receipt must have the date, amount, property address, and name and signature of person receiving the rent.
10. Duty to Maintain Receipts: Landlord required to keep records of all cash receipts for at least 3 years.
As to Landlord-Tenant Eviction Proceedings:
1. Written 14-Day Demand for Rent: Demand for rent must now be in writing and must be made with at least 14 days' notice.
2. Notice of Non-Payment: Landlord required to send a notice of non-payment of rent to the tenant by certified mail if tenant fails to pay rent within 5 days of due date.
3. Service of Petition and Notice of Petition. Petition and Notice of Petition must now be served within 10 days of return date but not more than 17 days.
4. NYC Notice of Termination: Effective October 12, 2019, notice of termination for holdover for monthly or month-to-month tenancies in NYC require at least:
5. Non-NYC Notice of Termination: Only tenants can elect to terminate a month to month / monthly tenancy outside of NYC. Effective October 12, 2019. Landlords can terminate a month to month / monthly tenancy by sending a notice of intent not renew.
6. Additional Rent: Additional rent such as late fees and attorneys’ fees can no longer be recovered in a Landlord-Tenant summary proceeding.
7. Attorney’s Fees upon Default Judgment. Landlord may not recover attorneys' fees upon default judgment.
8. Presumption of Retaliation for Evictions: Rebuttable presumption of retaliation if Landlord commences eviction proceedings within 1 year of tenant's good faith complaint of violation of warranty of habitability.
9. Payment of Rent: Payment of full amount of rent due prior to hearing on non-payment petition shall be accepted by Landlord and renders nonpayment moot.
10. 14-Day Sheriff’s Notice: Sheriff required to give at least 14 days’ notice before executing the warrant of eviction.
11. 30-Day Stay of Issuance of Warrant: For breach of lease claims, court grants a 30-day stay (up from 10 days) of issuance of the warrant during which tenant may correct the breach.
12. Tenant’s Trial Adjournments: Adjournments of trial at tenant’s request increased from maximum of 10 to minimum of 14 days.
As to Leases and Tenant Management:
1. Tenants’ Past or Pending Landlord-Tenant Action: Landlords are not allowed to deny to rent to a tenant based on past or pending landlord-tenant actions. Delayed effectiveness to July 14, 2019.
2. Charge Cap on Tenant Screening and Applications: Landlords are not allowed to charge any fees for processing, accepting, and/or reviewing tenant applications. Fees for background & credit checks is limited to the actual cost or $20, whichever is less. Background / credit check fee may be waived if tenant provides a copy of a background / credit check done within 30 days.
3. Notice for Refusal to Renew or Increase Rent over 5%: 30/60/90 days' written notice required for refusal to renew or to increase rent over 5%. Delayed effectiveness to October 12, 2019.
- 30 days’ notice if tenant has occupied unit for less than 1 year or has a lease for a period less than 1 year
- 60 days if tenant has occupied or has a lease for more than 1 year but less than 2 years
- 90 days if tenant has occupied or has a lease for more than 2 years.
5. Security Cap: Security deposits are limited to 1 month’s rent and must be returned within 14 days of the end of occupancy together with an itemized statement of the portion withheld. Tenants have the right to ask for a walkthrough inspection with the landlord before and at the end of occupancy. Delayed effectiveness to July 14, 2019.
6. Prepaid Rent Cap: Same cap for prepaid rent as exists for security caps and its cumulative between the prepaid rent and security; a total of 1 month.
7. Receipt Requirement: Landlords are required to provide written receipts upon receiving cash rent (i.e., anything besides a personal check).
8. Landlord’s Duty to Mitigate: Landlord required to mitigate damages by re-renting at fair market value if tenant leaves in violation of the lease.
9. Receipt Requirement: Tenant must receive written receipt of payment of rent in cash or any other instrument other than a personal check. The receipt must have the date, amount, property address, and name and signature of person receiving the rent.
- If transmitted directly to landlord/ authorized agent – receipt must be provided immediately
- If transmitted indirectly to landlord / authorized agent – receipt must be provided within 15 days
As to Landlord-Tenant Eviction Proceedings:
1. Written 14-Day Demand for Rent: Demand for rent must now be in writing and must be made with at least 14 days' notice.
2. Notice of Non-Payment: Landlord required to send a notice of non-payment of rent to the tenant by certified mail if tenant fails to pay rent within 5 days of due date.
3. Service of Petition and Notice of Petition. Petition and Notice of Petition must now be served within 10 days of return date but not more than 17 days.
4. NYC Notice of Termination: Effective October 12, 2019, notice of termination for holdover for monthly or month-to-month tenancies in NYC require at least:
- 30 days’ notice if tenant has occupied unit for less than 1 year or has a lease for a period less than 1 year;
- 60 days if tenant has occupied or has a lease for more than 1 year but less than 2 years;
- 90 days if tenant has occupied or has a lease for more than 2 years.
6. Additional Rent: Additional rent such as late fees and attorneys’ fees can no longer be recovered in a Landlord-Tenant summary proceeding.
7. Attorney’s Fees upon Default Judgment. Landlord may not recover attorneys' fees upon default judgment.
8. Presumption of Retaliation for Evictions: Rebuttable presumption of retaliation if Landlord commences eviction proceedings within 1 year of tenant's good faith complaint of violation of warranty of habitability.
9. Payment of Rent: Payment of full amount of rent due prior to hearing on non-payment petition shall be accepted by Landlord and renders nonpayment moot.
10. 14-Day Sheriff’s Notice: Sheriff required to give at least 14 days’ notice before executing the warrant of eviction.
11. 30-Day Stay of Issuance of Warrant: For breach of lease claims, court grants a 30-day stay (up from 10 days) of issuance of the warrant during which tenant may correct the breach.
12. Tenant’s Trial Adjournments: Adjournments of trial at tenant’s request increased from maximum of 10 to minimum of 14 days.
Thursday, June 20, 2019
Harassment Law Game Changer - HR's Sample Notice to Employees
Attention Business Owners and HR
Lieb Compliance has solved your immediate need to protect your company against the new NYS Workplace Harassment Standard - see below.
Alert: Workplace harassment / discrimination standard reduced to permit claims for acts only rising above "petty slights" or "trivial inconveniences."
Act Now: You must act swiftly to advise your teams that absolutely no conversations, pictures or actions will be allowed that are related to anyone's demographics (age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, and religion)
To Do: Send this email to your team NOW!
"To Our Team:
As you are aware, this company firmly believes that discrimination and harassment is contrary to the values we promote in the workplace and is detrimental to our success as a company. With the passing of new laws in New York State strengthening anti-discrimination and anti-harassment protections, we are taking this opportunity to reiterate our zero tolerance policy to harassment and discrimination in the workplace. Any acts or comments that you may think are trivial inconveniences or petty slights, but may be perceived by an employee to be based on or related to his or her demographics (i.e., age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, and religion) will not be tolerated.
You are our "first line of defense" and must take proactive roles in ensuring that our work environment remains free of discrimination and harassment. If you think an employee may perceive a comment or act - even if it is isolated - to be related to his or her demographics, you should refrain from making such comment or taking such action. In addition, if you witness such conduct or are informed that such conduct occurred, you should immediately report the conduct to your boss, manager, HR team or business owner. Upon receiving your report, an investigation will be conducted promptly and any and all corrective action will ensue.
We are currently in the process of updating our formal policies and workplace discrimination trainings in light of the new law and we anticipate circulating such policies and conducting updated training for all employees in the near future. If you have any questions related to our anti-discrimination or anti-harassment policy you are encouraged to contact your boss or HR. Thank you for your continued partnership in keeping our workplace void of discrimination and harassment.
Again, we need you to keep our workplace free from harassment and discrimination."
Note: This is sample language meant to be a general notice to be distributed to employees in the workplace and is not intended to address any specific situations in the workplace. Any such situations or questions should be directed to employment counsel.
Visit discriminationpreventiontraining.com to keep your company safe from discrimination claims while maintaining a safe workplace for all.
Lieb Compliance has solved your immediate need to protect your company against the new NYS Workplace Harassment Standard - see below.
Alert: Workplace harassment / discrimination standard reduced to permit claims for acts only rising above "petty slights" or "trivial inconveniences."
Act Now: You must act swiftly to advise your teams that absolutely no conversations, pictures or actions will be allowed that are related to anyone's demographics (age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, and religion)
To Do: Send this email to your team NOW!
"To Our Team:
As you are aware, this company firmly believes that discrimination and harassment is contrary to the values we promote in the workplace and is detrimental to our success as a company. With the passing of new laws in New York State strengthening anti-discrimination and anti-harassment protections, we are taking this opportunity to reiterate our zero tolerance policy to harassment and discrimination in the workplace. Any acts or comments that you may think are trivial inconveniences or petty slights, but may be perceived by an employee to be based on or related to his or her demographics (i.e., age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, and religion) will not be tolerated.
You are our "first line of defense" and must take proactive roles in ensuring that our work environment remains free of discrimination and harassment. If you think an employee may perceive a comment or act - even if it is isolated - to be related to his or her demographics, you should refrain from making such comment or taking such action. In addition, if you witness such conduct or are informed that such conduct occurred, you should immediately report the conduct to your boss, manager, HR team or business owner. Upon receiving your report, an investigation will be conducted promptly and any and all corrective action will ensue.
We are currently in the process of updating our formal policies and workplace discrimination trainings in light of the new law and we anticipate circulating such policies and conducting updated training for all employees in the near future. If you have any questions related to our anti-discrimination or anti-harassment policy you are encouraged to contact your boss or HR. Thank you for your continued partnership in keeping our workplace void of discrimination and harassment.
Again, we need you to keep our workplace free from harassment and discrimination."
Note: This is sample language meant to be a general notice to be distributed to employees in the workplace and is not intended to address any specific situations in the workplace. Any such situations or questions should be directed to employment counsel.
Visit discriminationpreventiontraining.com to keep your company safe from discrimination claims while maintaining a safe workplace for all.
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