LIEB BLOG

Legal Analysts

Friday, November 09, 2018

Why Employers Should Outsource Sexual Harassment Trainings & Policies

Many employers are saying that they will write sexual harassment policies and conduct the mandatory trainings themselves, but they will quickly find that doing it themselves is a big mistake.

Beyond the heavy burden of compliance with Labor Law 201-g (NYS) and Local Law 96 (NYC), employers who do the trainings themselves will have to repeatedly train their staff every time they have a new hire (NYS requires as soon as possible from start date whereas NYC requires training within 90 days). 

Moreover, there are ramifications for employers who do not have their employees take the training (i.e., it's a misdemeanor and likely will trigger an EPLI insurance provider to disclaim coverage in a prospective sex discrimination lawsuit). With risk avoidance being the key to these new laws, a sexual harassment vendor should offer the following:
  1. A system to track that employees took the training in anticipation of a Department of Labor audit;
  2. A system to track that the sexual harassment policy and complaint form were distributed in writing and agreed to be followed (i.e., clickwrap) by the employee - distribution of these documents is also required;
  3. A branded policy and training, with both addressing all types of discrimination, beyond just sexual harassment, because the employer may face a discrimination suit on a different protected class and wouldn't want to have to explain to a jury why they only cared about sex discrimination, not the applicable protected class (e.g., race, marital status, disability, etc.); and
  4. Most importantly, a digital on-demand product because the training needs to be instantly available to new employees 
Lieb Compliance offer employers a web-based, on-demand interactive video training platform. While we understand that there are many vendors who train on sexual harassment, most of them don't offer online trainings in compliance with both Labor Law 201-g and Local Law 96. Further, most don't offer to digitally distribute a branded company policy and a tailored complaint form, which are both required under laws. Still further, our competitors rarely offer an opportunity for employers to require that their employees affirmatively agree to be bound by their policy through a digital clickwrap receipt. Please understand that our system goes above and beyond to make compliance easy. We include security checkpoints, randomized quiz questions, note-taking, and the ability for employees to ask questions of the instructor. We even offer monthly user reports so employers can monitor their team's compliance.  


Many "lawyers" teach, but being licensed isn't enough, being dynamic is everything when presenting emotion-ridden topics to employees. Our courses are led by Andrew Lieb, Esq., who founded Lieb Compliance and is our Chief Compliance Officer. Andrew is a prolific author and has trained tens of thousands of employees and independent contractors nationally on compliance topics. He's taught on the college level (human sexuality), he's taught corporate compliance and he even operates a New York State licensed school. Simply stated, he's our secret sauce. 

We encourage you to learn more about our Sexual Harassment Prevention Trainings and Services.



Monday, October 29, 2018

Sexual Harassment - 3 reasons why the NYS sample policy is just not enough.

Yes, New York State provides a sample policy for sexual harassment prevention. Make no mistake this policy is a great start for employers, but to use this policy without more is a big mistake. Here are 3 reasons why the NYS sample policy is just not enough:

1. It does not address every other protected class under which an employer can be sued for discrimination (e.g., race, religion, color, national origin, sex [including pregnancy], military status, age, marital status, sexual orientation, gender expression or identity, genetic information, disability or any other personal characteristics considered to be a protected class under applicable federal, state or local laws)

Updating the policy matters because when sued for discrimination by a different protected class, you will be able to explain that everyone is protected in the workplace.

2. It does not list potential remedial measures (e.g., termination, suspension, probation, demotion, reassignment, etc.).

Updating the policy matters because employees who do not know the consequences are unlikely to care about changing behavior and, more importantly, without clear expectations an employer can be sued for arbitrarily applying their policy in a discriminatory manner.

3. It does not cause an employee to agree to its terms and to acknowledge written receipt of the policy and complaint form, which is required by law.

Updating the policy matters because without records you have nothing when faced with a Department of Labor audit or a prospective lawsuit. More so, you can justify termination for cause when an employee violates your policy, which they affirmatively agreed to follow.


Attention Brokers - What should you do if your prospective seller has a Lis Pendens on their property with public records?

Most importantly, a Lis Pendens does not necessarily mean that there is a foreclosure on the property. Instead, a Lis Pendens simply means that a lawsuit has been filed against the property. This lawsuit could be a foreclosure, but it could also be a lawsuit for partition, adverse possession, prescriptive easement, constructive trust, specific performance, as well as many other topics.

So, first and foremost don't assume that there is a foreclosure on the property, but instead make inquiry as to the Lis Pendens.

  • Step 1 - Ask the homeowner the nature of the lawsuit on the property.
  • Step 2 - Inquire if you can talk to the homeowner's attorney to learn whether the lawsuit will be an impediment to selling the property (e.g., a specific performance lawsuit by a prior purchaser can make it impossible to sell the house whereas a foreclosure lawsuit with a house with equity remains a viable sale and a foreclosure lawsuit with a house without equity can be sold as a short sale).
  • Step 3 - Assuming the lawsuit is a foreclosure, determine when the lawsuit was filed with the county clerk because if it was years ago its going to be very hard to sell the house before the auction (i.e., you can sell up until the auction as long as the seller can payoff the loan or if the lender takes a short payoff) and the homeowner likely defaulted on the lawsuit (i.e., they lost for inaction).
  • Step 4 - If it is a foreclosure, help the homeowner to order payoff letters from their lenders in order to ascertain the precise amount owed (i.e., its not just the loan, but also the penalties, interest and attorneys' fees that are owed when the property is in foreclosure).  
  • Step 5 - Workup a brokers' price opinion for the house as a distressed sale.
  • Step 6 - Calculate closing costs for your seller.
  • Step 7 - Determine if the seller has enough equity to close without dipping into their own pocketbook (i.e., compare the BPO with the payoffs and the closing costs). 
  • Step 8 - If there is enough equity, list the house fast; if not, advise the seller that you can only list the property as a short sale (i.e., subject to bank approval with a short payoff).
REMEMBER - the bank doesn't stop the foreclosure process when a short sale is being sought, so you must insist that your listing is subject to the seller fighting the foreclosure with a competent foreclosure defense attorney - otherwise you will likely waste your time / money on this listing.

The advantage of a short sale over a foreclosure is #1 avoiding a deficiency judgment (i.e., judgment that can be enforced for 20 years for the amount the property is underwater). 

To learn about foreclosure / short sales / Lis Pendens and more - take our CE course, Foreclosure & Short Sales ONLINE.


Thursday, October 25, 2018

Steven Siliato, Esq. Interviewed on Realife Radio 88.3FM (NPR)

Monday, October 22, 2018

BYOB Is Illegal: There’s Much to Consider When Opening a Restaurant

There are a ton of steps that you need to go through before your grand opening. You need to buy or rent space, make permit / zoning applications, renovate the space, enter into a ton of contracts, establishing an entity, creating banking relationships, enlist a credit card processor, hire staff, train that staff, establish vendor relationships, hire a chef, create a menu, establish an online presence, market, market and then do some more marketing.

Did you know that BYOB is illegal in the State of New York?

Friday, October 19, 2018

NY Employees Must Receive Sexual Harassment Prevention Training

State requires businesses to give annual training sessions to safeguard their workplace.

ALERT: New section 201-g of the New York State Labor Law provides that “sexual harassment prevention training shall be provided to all employees on an annual basis.”


Friday, October 12, 2018

Lights, Cabinets, Legal Action? Incredible Interior Designers Require Licensing

Unlicensed practice of interior design is punishable as a class E felony in NY.

In New York State, not just anyone can work as an interior designer. In fact, only a licensee, known as a Certified Interior Designer (CID), may prepare and administer “interior design documents (including drawings, schedules and specifications) which pertain to the planning and design of interior spaces including furnishings, layouts, fixtures, cabinetry, lighting, finishes, materials, and interior construction not materially related to or materially affecting the building systems” pursuant to Education Law §8303.

Read the full article by Andrew Lieb, Esq. here


Thursday, October 11, 2018

Lieb at Law is Hiring a Junior Associate Attorney (Litigation & Compliance)

Lieb at Law, P.C. is seeking an associate attorney for its widely expanding litigation and compliance practice. Attorney will be expected to handle pleadings, discovery, motion practice, and court appearances for matters related to real estate, estates, corporate and employment law. 

Desired qualifications:
  • demonstrated proficiency in legal writing and oral advocacy;
  • dedicated and detail-orientated;
  • ability to prepare illustrative, engaging materials for compliance trainings;
  • digitally savvy, must be comfortable in paperless office with cloud based systems
Will consider 2018 Law School Graduates.
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.
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 for 7,500 + students. 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 firm's sister company, Lieb Compliance is a national compliance company providing in-person and video trainings to fortune 500 companies.

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, employment 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.

Tuesday, October 09, 2018

Sexual Harassment Prevention Trainings & Policy Required STARTING TODAY

Today is October 9, 2018

Employers are now required to have distributed a sexual harassment prevention policy.

Also, the 1 year clock to train your employees starts now!

Lieb Compliance already has users on our system - sexualharassmenttrainingny.com

We solve this compliance issue 100% and make it fun for your staff to be compliant.

Services include:

  • On-Demand,Web-Based & Interactive 
  • Presented by premier lecturer and employment law litigator, Andrew Lieb
  • Platform works on PCs, MACs, IPADs or TABLETS (full internet access required)
  • Custom & downloadable Sexual Harassment Policy & Complaint Form customizedto Employer
  • Digital signature acknowledgement of policy & training 
  • In-class note taking
  • In-class commenting
  • Interactive instructor communication
  • Security checkpoints
  • Randomized quiz questions
  • Certificate of completion 
  • Monthly user reporting for employers

Friday, October 05, 2018

NYREJ Announce Yankovich and Siliato join Lieb at Law

We are happy to be featured in the New York Real Estate Journal and are THRILLED that Mordy Yankovich and Steven Siliato joined Lieb at Law, P.C.

Read about them here! 

Monday, October 01, 2018

LEGAL UPDATE | NY Employers Must Provide A Sexual Harassment Prevention Policy BY 10/9/18

According to the Department of Labor "All employers must adopt and provide a sexual harassment prevention policy to all employees by October 9, 2018."

These policies must be distributed in writing or electronically. Employers are also encouraged to have employees acknowledge receipt of the policy and to post a copy of the policy where employees can easily access it.

If your company already has a sexual harassment policy, make sure that it meets or exceeds the newly required minimum standards.

Lieb Compliance provides custom policies and trainings that meet all standards. Contact us today at info@liebcompliance.com or 646.216.8038

http://www.sexualharassmenttrainingny.com/

Friday, September 28, 2018

What Employers Need To Know About Sexual Harassment Training In NY





http://www.sexualharassmenttrainingny.com/

Andrew Lieb Discusses New Law | Employers Must Provide Sexual Harassment Trainings

Thursday, September 27, 2018

Schools, First Responders & Local Governments Must Conduct Sexual Harassment Prevention Training

New York State recently passed legislation requiring all employers to conduct sexual harassment prevention training for their employees and establish a sexual harassment prevention policy. The law is effective October 9, 2018. Recent guidance issued by the Department of Labor clarified that all employers must train their employees between October 9, 2018 and January 1, 2019 and on an annual basis thereafter. In addition, all new employees must be trained within thirty (30) days of their start date.

"All Employers" required to conduct sexual harassment prevention training and establish sexual harassment prevention policies include both private and public employers. Therefore, state and local governments and agencies, towns, police departments, fire departments, school districts and all other public employers must comply with these new regulations.

For more information visit: http://www.sexualharassmenttrainingny.com/

Less than 2 Weeks until Mandatory Sexual Harassment Prevention Trainings

We are on the countdown until the start of mandatory sexual harassment trainings in NYS.

Just 2 weeks until the October 9 start date. Remember, all employees must be trained  between October 9th, 2018 and January 1st, 2019. 

Visit sexualharassmenttrainingny.com to register for onsite, on-demand web-based interactive videos and/or live trainings at our training center at 308 W. Main Street, Smithtown New York.

All trainings will be instructed by employment law litigators so that our content is immersive with real world examples.


To schedule your company's training, simply fill out this form and you will be contacted by a representative ASAP.

Monday, September 17, 2018

NEW LAW: Mandatory Sexual Harassment Prevention Trainings For ALL NEW YORK EMPLOYEES

http://www.sexualharassmenttrainingny.com/

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

Every employer in New York City is also required to provide employees with sexual harassment prevention training, which is administered in compliance with the requirements of Local Law 96.

WHAT YOU NEED TO KNOW:
  • Between 10/9/18 and 1/1/19 all employees must be trained
  • All new employees must be trained within 30 days of start date
  • All employees must be trained annually
  • Employers must maintain proof of training attendance
  • Employers must maintain written acceptance of employer’s sexual harassment policy
  • NYC requires posters and information sheets
Lieb Compliance offers compliance with everything from policies to trainings.
Trainings are available:
All content is immersive with real world examples.

All trainings are conducted by employment law litigators.

Thursday, September 13, 2018

Andrew Lieb, Esq. and Dennis Valet, Esq. named NY Metro Rising Stars for 2018 from Super Lawyers

Lieb at Law, P.C. is proud to announce Super Lawyers has recognized Andrew Lieb Esq. and Dennis Valet Esq. as NY Metro Rising Stars for 2018. This is Andrew Lieb's 5th year in a row and Dennis Valet's 3rd year in a row with such honor. Only 2.5% of the attorneys in the state were selected.


Friday, September 07, 2018

Sports Tickets for Real Estate Attorneys - Title Regulation Annulled - Game On

Insurance Regulation 208 has been annulled in the Article 78 case of New York State Land Title Association, Inc.; The Great American Title Agency, Inc.; and Venture Title Agency, Inc. v. The New York State Department of Financial Services; and Maria Vullo, in her official capacity as Superintendent of the New York State Department of Financial Services.

As a result, and unless the decision is reversed, sports tickets for real estate attorneys are available anew from title companies. However, can an attorney ethically accept such tickets without running afoul of Rule 1.8(f) of the Rules of Professional Conduct? 


Advising Employers to Take Preventative Measures to Avoid Costly and Disruptive Litigation

With New York State enacting new protections for employees at a feverish pace, it is more imperative than ever to advise employers of preventative measures they can take to avoid potential violations of the many federal, state and local employment laws. These laws include but are not limited to Title VII of the Civil Rights Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the New York State Human Rights Law, the New York Labor Law, and the Suffolk County Human Rights Law. This article reviews several practices employers should implement to minimize potential exposure to costly and disruptive litigation.

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

Wednesday, September 05, 2018

Career Opportunity | Lieb at Law | Real Estate Paralegal

Job Description

Lieb at Law, P.C. seeks a digitally savvy, detail oriented and self-starter to join our boutique firm as we rapidly expand our footprint. The firm services the New York Metro area, inclusive of the Hamptons and Manhattan and represents the largest real estate brokerage and title companies in the State of New York. Moreover, the firm’s sister company is one of the largest real estate schools in the state offering in-person and digital continuing education classes to real estate brokers and salespersons. The firm is a paperless office, with use of cloud based programs to leverage efficiencies. All must be extremely technologically savvy to excel in our environment. Must be friendly, charismatic and independently motivated and organized. A large part of this job is managing relationships with clients, vendors and referrals. Opportunity for career growth.
Responsibilities:
  • Drafting contracts of sale
  • Ordering and reviewing title reports and surveys
  • Preparing closing statements
  • Miscellaneous Clerical Work such as answering telephones, distributing mail and deliveries, announcing visitors, maintaining office appearance, watering plans, making coffee.
  • Managing calendar / scheduling meetings
  • Managing and building relationships with clients and referrals
  • Managing and building relationships with 3rd parties / vendors
  • New business intake specialist
  • Ordering title reports and surveys
  • Digital File Organization
Requirements:
  • Tech Friendly / Strong Computer Skills
  • Self-sufficient & take pride in work product
  • Charismatic and friendly
  • Organized
  • Demonstrative and assertive
  • Proficient in Microsoft Word, Excel, Google Calendar and Social Media
  • Minimum Associates Degree from accredited college. Bachelor’s Degree preferred

TO APPLY: EMAIL RESUME TO CAREERS@LIEBATLAW.COM

Tuesday, September 04, 2018

33 Days Until NYS Mandatory Sexual Harassment Training

We are on the countdown until the start of mandatory sexual harassment trainings in NYS.

Just 33 days until the October 9 start date. Remember, all employees must be trained before 1/1/2019.

Lieb Compliance is offering onsite, on-demand web-based interactive videos and/or live trainings at our training center at 308 W. Main Street, Smithtown New York.

All trainings will be instructed by employment law litigators so that our content is immersive with real world examples.

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.

Thursday, August 30, 2018

Sexual Harassment Training - Case Studies - Example 1 / Question 2

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: Li Yan cannot complain of sexual harassment because she went on a date with Ralph.True or False?

FALSE: Being friendly, going on a date, or even having a prior relationship with a coworker does not mean that a coworker has a right to behave as Ralph did toward Li Yan. She has to continue working with Ralph, and he must respect her wishes and not engage in behavior that has now become inappropriate for the workplace.

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.
Question 2.
Li Yan cannot complain of sexual harassment because she went on a date with Ralph.
True or False?
FALSE:
Being friendly, going on a date, or even having a prior relationship with a c
oworker does not
mean that a coworker has a right to behave as Ralph did toward Li Yan. She has to continue working
with Ralph, and he must respect her wishes and not engage in behavior that has now become
inappropriate for the workplace.

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.