Watch the hearing live now here
What do you think?
The key question was whether there should be legislation to cap the number of salespersons per supervising broker. Wowwwwwww
Friday, September 25, 2020
Tuesday, September 22, 2020
If you were ever convicted of unlawful possession of marijuana, you can now easily get your record expunged and then, records about your arrest, prosecution, and criminal history will be destroyed.
Persons eligible to apply for the destruction of expunged marijuana (a/k/a, marihuana) convictions records are:
Persons adjudicated as Youthful Offenders are not eligible for expungement and destruction because such adjudication is not considered a conviction.
The following records will be destroyed:
It is important to note that only convictions of Penal Law 221.10 and 221.05 may be expunged and the destruction of records does not include any other conviction for any other felony or misdemeanor concerning the drug.
If you are interested in getting your marijuana conviction expunged and records destroyed, you should complete an Application to Destroy Expunged Marihuana Conviction Record and file it with the court where you were convicted. There is no application filing fee and you may file multiple applications if you were convicted in multiple courts.
Persons eligible to apply for the destruction of expunged marijuana (a/k/a, marihuana) convictions records are:
- Persons convicted of Penal Law 221.10: “A person is guilty of unlawful possession of marihuana in the first degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than one ounce.”
- Persons convicted of Penal Law Section 221.05: “[a] person is guilty of unlawful possession of marihuana in the second degree when he knowingly and unlawfully possesses marihuana.”
Persons adjudicated as Youthful Offenders are not eligible for expungement and destruction because such adjudication is not considered a conviction.
The following records will be destroyed:
- Arrest records;
- Prosecution records;
- Criminal history records;
- Any dismissal of your case; and
- Any expungement of your conviction.
If you are interested in getting your marijuana conviction expunged and records destroyed, you should complete an Application to Destroy Expunged Marihuana Conviction Record and file it with the court where you were convicted. There is no application filing fee and you may file multiple applications if you were convicted in multiple courts.
Monday, September 21, 2020
By Executive Order 202.64, Governor Cuomo extended the moratoriums for the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage to October 20, 2020. This means that no eviction or foreclosure proceeding may be commenced against commercial tenants for nonpayment of rent or mortgage until such date.
There are no moratoriums in place for residential properties by Executive Order. Irrespective of Governor Cuomo’s Executive Orders, court directives are still in place whereby landlords and lenders are permitted to initiate residential and commercial evictions and foreclosures not based on nonpayment but such proceedings remain suspended until further notice. You can read more about these court directives HERE and HERE. Further, residential evictions remain governed by the Tenant Safe Harbor Act as well, which prohibits courts from issuing a warrant of eviction or judgment of possession against a residential tenant experiencing COVID-19-related financial hardship, among others.
There are no moratoriums in place for residential properties by Executive Order. Irrespective of Governor Cuomo’s Executive Orders, court directives are still in place whereby landlords and lenders are permitted to initiate residential and commercial evictions and foreclosures not based on nonpayment but such proceedings remain suspended until further notice. You can read more about these court directives HERE and HERE. Further, residential evictions remain governed by the Tenant Safe Harbor Act as well, which prohibits courts from issuing a warrant of eviction or judgment of possession against a residential tenant experiencing COVID-19-related financial hardship, among others.
Thursday, September 03, 2020
State of ______________ )
______________, being duly sworn, deposes and says the following:
_________________________________
Notary Public
) ss:
County of ______________ )
County of ______________ )
______________, being duly sworn, deposes and says the following:
I certify under penalty of perjury, pursuant to 28 U.S.C. 1746, that the foregoing are true and correct:
I have used best efforts to obtain all available government assistance for rent or housing;
I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;
I am using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;
If evicted I would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because I have no other available housing options.
I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not paying rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected.
I further understand that at the end of this temporary halt on evictions on December 31, 2020, my housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me subject to eviction pursuant to State and local laws.
I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;
I am using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;
If evicted I would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because I have no other available housing options.
I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not paying rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected.
I further understand that at the end of this temporary halt on evictions on December 31, 2020, my housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me subject to eviction pursuant to State and local laws.
I understand that any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment.
_________________________________
Signature of Declarant
_________________________________
Signature of Declarant
Sworn to before me this
____ day of ___________, 2020
____ day of ___________, 2020
_________________________________
Notary Public
Wednesday, September 02, 2020
CDC's eviction moratorium has teeth and the details matter.
CDC issued an Agency Order, under the Public Health Service Act, to temporarily halt residential evictions to prevent the further spread of COVID-19 through December 31, 2020.
The Order applies to residential tenants (not transient or "seasonal tenant[s]") who have provided an executed and sworn copy of the Declaration form, set forth in Attachment A of the Agency Order, to their landlord.
Such Declaration swears that:
- The individual has used best efforts to obtain all available government assistance for rent or housing;
- The individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
- the individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses;
- the individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses; and
- eviction would likely render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or shared living setting—because the individual has no other available housing options.
Landlords and tenants alike better get this right as DOJ can bring actions against violators and "a person violating this Order may be subject to a fine of no more than $100,000 if the violation does not result in a death or one year in jail, or both, or a fine of no more than $250,000 if the violation results in a death or one year in jail, or both, or as otherwise provided by law." If the violator is an organization, the fines are $200,000 and $500,000, respectively.
This does NOT mean that landlords DON'T have rights.
It is expressly noted that "[t]his Order does not relieve any individual of any obligation to pay rent, make a housing payment, or comply with any other obligation that the individual may have under a tenancy, lease, or similar contract." Nor does the order preclude "the charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis..." As we just wrote in Dan's Papers - Sue the Tenant for a Judgment.
Finally, it is noted that the Order does not prevent evictions "for reasons other than not paying rent or making a housing payment" nor does it preclude "foreclosure on a home mortgage."
As an aside, the CDC is justifying this Order by pointing to the "over 174,000 deaths due to the disease" and comparing it "to the peak mortality observed during the 1918 H1N1 influenza pandemic," while asserting that "eviction moratoria-like quarantine, isolation, and social distancing-can be an effective public health measure utilized to prevent the spread of communicable disease." Perhaps we should stop downplaying this pandemic - it is real per Trump's Federal Agency.
Tuesday, September 01, 2020
Tenants are disregarding their lease obligations and finding strength in the eviction moratoriums. What is a landlord to do? Andrew Lieb, Esq. shares tips in this article published in Behind The Hedges.
Wednesday, August 26, 2020
The US Department of Labor's Wage and Hour Division recently issued "guidance regarding employers’ obligation under the Fair Labor Standards Act (FLSA or Act) to track the number of hours of compensable work performed by employees who are teleworking or otherwise working remotely away from any worksite or premises controlled by their employers" that is a must read by employers / HR professionals.
We addressed this issue on the Lieb Cast on 8/2/2020's segment 3 at the 9 minute mark well before the guidance was ever issued as this advice was a no brainer for a quality employment attorney like Mordy Yankovich.
We advise you now that Fair Labor Standards Act lawsuits are coming.
Are you prepared?
To get prepared, you need to immediately establish "a reasonable process for an employee to report uncompensated work time."
Tuesday, August 25, 2020
A must read for all employers, both public and private, is the US Equal Employment Opportunity Commission's publication "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws."
In plain English, if you have an employee with a pre-existing disability that either "puts her at greater risk during this pandemic" or, if such disability will be "exacerbated by the pandemic," and such employee requests a reasonable accommodation, then, you better either grant that request or engage in the "interactive process" to avoid getting sued.
Be warned - the lawsuits are coming.
Monday, August 24, 2020
On Sunday, 8/23/20, between 12pm and 1pm on WRCN 103.9FM, LIEBCAST aired an hour episode on Homeless Housing.
The conversation was inspired by the Facebook Group - Upper West Siders for Safer Streets. With well over 11k members in under a month - this group was formed in response to rising crime and safety concerns after 3 luxury hotels in the neighborhood were converted into homeless shelters.
We start the episode with a conversation on ethics and we breakdown how successful businesses succeed with ethical discretion in the context of contractual obligations and the law.
We thereafter bring on a representative from the Facebook Group - Upper West Siders for Safer Streets.
Then, we go deep into the following topics:
- Real estate value losses / underwater real estate
- How a hotel can become a homeless shelter
- Unraveling whether homeless people are more likely to be drug users, sex offenders, substance abusers and mentally unstable
- The De Blasio Administration
- Safety, Crime and Police Action in NYC
- Where to relocate homeless people
And finally, we reached out to the NYC Department of Health Services / Homeless Services and share their response.
The show was broken out into 4 podcasts without commercials. Below are the links:
Friday, August 21, 2020
On August 20, 2020, Governor Cuomo signed Executive Order 202.57 which, among others, extended Executive 202.48 and 202.28. Per the Executive Order, the following are stayed until September 20, 2020:
- Commencing a commercial eviction proceeding against any commercial tenant for the nonpayment of rent;
- Commencing a foreclosure of any commercial mortgage for nonpayment of such mortgage; and
- Enforcing of such eviction or foreclosure.
As to holdover eviction proceedings, the Executive Order does not specifically address them, thus residential and commercial holdover eviction proceedings may be commenced but they remain suspended per Administrative Order 160/20.
As a reminder, for proceedings commenced prior to March 17, 2020, the execution of the warrant of eviction for residential properties is stayed until October 1, 2020. For properties outside New York City, you can read more about the current eviction rules HERE.
In New York City, the execution of the warrant of eviction for residential properties is stayed until October 1, 2020 and until September 4, 2020 for commercial properties. For properties in New York City, you can read more about the current eviction rules HERE and HERE.
Thursday, August 20, 2020
In addition to the directives set by the Court in Administrative Order 160/20 which we discussed in our blog HERE, New York City evictions are also governed by the following directives found in DRP 213:
- Only in New York City, residential evictions are prohibited until October 1, 2020 and until September 4, 2020 for commercial evictions. This means eviction proceedings may be commenced but the Marshall cannot evict residential tenants until October 1, 2020 or until September 4, 2020 for commercial tenants.
- Beginning August 20, 2020, NYC Courts will begin accepting requisitions who have obtained judgments of possession issued before March 17, 2020. Such requisitions must be presented by motion on notice to the respondent and such motion must include the Notice to Respondent-Tenant and be served by mail and email, if possible. Trials for commercial evictions will also be conducted and virtual trials are strongly encouraged whenever possible. See DRP 214.
- Beginning August 20, 2020, landlords seeking to enforce a warrant of eviction issued before March 17, 2020 must request permission from the court through a motion on notice to respondent-tenant. Such motion must also include the Notice to Respondent-Tenant and be served by mail and email, if possible.
- In all matters where all parties have appeared, the judge has discretion to address any unexcused absence for noticed virtual or in-person appearances / conferences. The judge may reschedule with a “final” marking, resolve issues against such non-appearing party, impose sanctions, or issue a judgment of contempt.
- For deadlines to file an answer in residential eviction proceedings, no adverse action shall be taken based on the failure to file an answer in an eviction proceeding or failure to submit responsive papers to a motion submitted through the Electronic Document Delivery System (EDDS). All other rules contained in AO 160/20 and 121/20 remain in effect.
Thursday, August 13, 2020
On August 12, 2020, Judge Lawrence K. Marks published
a memorandum
and an Administrative Order on the filing and prosecution of
residential and commercial evictions in New York State. Landlords and property
managers should take note of the following, effective August 13, 2020:
4. Eviction proceedings should be conducted remotely whenever appropriate.
5. Commencement papers in commercial and residential evictions proceedings must continue to include the form notice indicating that respondent-tenants may be eligible for an extension of time to respond to the complaint. You can find the notice HERE.
6. New York City eviction matters shall be governed by AO/160/20 and DRP 213.
7. Administrative Order AO/127/20 is superseded and is no longer in effect. Thus, the form affidavit / affirmation from the landlord / landlord’s counsel regarding the tenant’s COVID-19 hardship is no longer required, among others.
1. Evictions
commenced prior to March 17, 2020 may continue but it is subject to the
following rules:
a. Proceedings
continue to be governed by the suspension of filing deadlines as per Executive
Order 202.8 as extended to September 4, 2020 by Executive Order 202.55. This
means that the deadline to file an Answer to the Landlord-Tenant Petition or
appear, among others, is suspended until September 4, 2020.
b. Commercial
Matters:
- Commencement and enforcement against tenants facing financial hardship due to the COVID-19 pandemic is stayed until August 19, 2020 pursuant to Executive Order 202.28.
- Commercial eviction matters may otherwise proceed in the normal course, subject to the tolling of statutory deadlines by Executive Order 202.8, as extended by Executive Order 202.55, as explained above.
c. Residential Matters:
- For all eviction matters commenced prior to March 17, 2020, including those with a warrant of eviction that has been issued but not yet executed, courts must hold a status or settlement conference to address a range of subjects related to the case and COVID-19 concerns.
- After such conference, the court may take whatever steps it deems appropriate, such as deciding pending motions, entertaining new applications, or allowing the matter to move forward in its normal course.
- No residential eviction may take place prior to October 1, 2020 or such later date or dates set by law.
2. Evictions commenced on or after March 17, 2020 are suspended, regardless of whether it is commercial, residential, nonpayment, or a holdover. They may be commenced but will remain suspended until further order of the court. Nonetheless, eviction matters in which all parties are represented by counsel shall be eligible for virtual settlement conferences.
3. Filing and service in eviction proceedings requires represented parties to commence new matters electronically through NYSCEF, if available, and by mail if not. Unrepresented parties may file papers in person. See AO/121/20.
4. Eviction proceedings should be conducted remotely whenever appropriate.
6. New York City eviction matters shall be governed by AO/160/20 and DRP 213.
7. Administrative Order AO/127/20 is superseded and is no longer in effect. Thus, the form affidavit / affirmation from the landlord / landlord’s counsel regarding the tenant’s COVID-19 hardship is no longer required, among others.
The Federal Courts, in the Southern District of New York, awarded $125,000 to each individual who was denied cosmetic surgery due to their HIV-Positive status in interesting discrimination case.
The case was brought under Title III of the Americans with Disabilities Act of 1990 (ADA) and the New York City Human Rights Law.
The penalty was based upon the HIV-Positive individuals' traumatic experiences, resulting in significant feelings of humiliation, shock, and worthlessness, as well as anxiety, stress, sleeplessness, and feelings of stigma and humiliation.
Again, $125,000 was awarded to each victim of discrimination who experienced emotional distress.
What do you think the award should have been?
- Nothing
- $20,000
- $125,000
- $1,000,000
Tuesday, August 11, 2020
On August 11, 2020, NYS passed a law that clarifies "that reasonable accommodation to enable a person with a disability to use and enjoy a dwelling includes the use of an animal to alleviate the symptoms or effects of a disability."
This codification exists at Executive Law 296(2-a)(d)(2) and (18)(2) and explicitly states that refusing "to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, INCLUDING THE USE OF AN ANIMAL AS A REASONABLE ACCOMMODATION TO ALLEVIATE SYMPTOMS OR EFFECTS OF A DISABILITY, AND including reasonable modification to common use portions of the dwelling."
This new law is effective immediately.
If you'd like to learn more about service animals, therapy animals, emotional support animals, comfort animals and discrimination lawsuits, read my article in the American Bar Association's Section of Litigation - The Intersection of Pet Policies and Anti-Discrimination Laws in Real Estate.
Monday, August 10, 2020
On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance explaining exposure to a discrimination lawsuit for employers who fire their staff for taking opioids.
To avoid being sued, employers must take the following steps upon discovering that an employee is taking opioids:
1. Determine if the opioid use is legal or illegal.
2. Provide Reasonable Accommodations.
3. If an employee cannot do the job safely and effectively even after being provided with a reasonable accommodation, document objective evidence that the employee poses a significant risk of substantial harm. An employee cannot be removed for remote or speculative risks.
4. It is recommended that employers engage in an interactive process, as required in NYC, prior to making any final determinations. Failing to sue interact can be, in itself, the basis of exposure. To understand further, see our blog, 5 Step Process For Employers/Landlords to Protect Against Disability Discrimination Lawsuits for Failure to Accommodate.
You can access EEOC’s guidance HERE and HERE.
To avoid being sued, employers must take the following steps upon discovering that an employee is taking opioids:
1. Determine if the opioid use is legal or illegal.
- The ADA allows employers to terminate employees, or take other measures, based on the illegal use of opioids. However, legal or prescriptive opioid use cannot be a ground for automatic disqualification and employers must consider a way for the employee to do the job “safely and effectively”
- Employees who test positive to a drug test must also be given an opportunity to provide information about their legal drug use that may cause a drug result to show opioid use. The employer can ask the employee before the test is done if he/she is taking any such medication or the employer can ask all employees who test positive for an explanation. Such should be established by protocol and implemented consistently.
2. Provide Reasonable Accommodations.
- Employees who legally use opioids must be given a reasonable accommodation before getting fired or not considered for a position. This also applies to employees who have a history of opioid, or treatment for opioid addiction, which an employer thinks can interfere with safe and effective job performance.
- Employees may also request a reasonable accommodation from taking prescription opioids to treat pain or from having other medical conditions related to opioid addiction as long as the condition is a disability under the ADA.
- It is the employees’ responsibility to request a reasonable accommodation and employers cannot legally fire or refuse to hire or promote an employee for making the request. A request protocol should be established and applied consistently.
- Employers must provide the reasonable accommodation if it does not involve significant difficulty or expense.
3. If an employee cannot do the job safely and effectively even after being provided with a reasonable accommodation, document objective evidence that the employee poses a significant risk of substantial harm. An employee cannot be removed for remote or speculative risks.
4. It is recommended that employers engage in an interactive process, as required in NYC, prior to making any final determinations. Failing to sue interact can be, in itself, the basis of exposure. To understand further, see our blog, 5 Step Process For Employers/Landlords to Protect Against Disability Discrimination Lawsuits for Failure to Accommodate.
You can access EEOC’s guidance HERE and HERE.
On August 5, 2020, Governor Cuomo signed Executive Order 202.55, as amended by Executive Order 202.55.1, which extends previous executive orders related to the coronavirus pandemic. Remote notarization is extended to September 4, 2020. Notary Publics are reminded of the rules stated in Executive Order 202.7 which we wrote about HERE.
Thursday, August 06, 2020
The Appellate Division recently reminded us of the importance of investigating a no consideration deed prior to issuing a mortgage to the titleholder.
In 2386 Hempstead, Inc. v. 182 St., Inc., the Appellate Division held that the no consideration deed constituted notice of a potential previous fraud in the title spurring a duty to make inquiry concerning the circumstances of the transaction at issue.
By failing to make such inquiry, the lender lost its status as a bona fide encumbrancer for value and therefore, jeopardized its status as a prior lienholder, who gets paid first in a foreclosure action.
On August 5, 2020, Governor Cuomo signed Executive Order 202.55 which extends the tolling of statute of limitations to September 4, 2020. The tolling period was previously extended to August 5, 2020 by Executive Order 202.48. As a reminder, the Executive Orders do not toll all deadlines in pending and ongoing actions.
The Appellate Division recently reminded us how the courts make a boundary line dispute determination in the case of Old Timers Rod & Gun Club, Inc. v. Wa-A-We Rod and gun Club, Inc. with the following quote:
Where such discrepancies exist in property descriptions, ‘the rules of construction require that resort be had first to natural objects, second to artificial objects, third to adjacent boundaries, fourth to courses and distances and last to quantity’
We are therefore reminded of the importance of locating monuments referenced in a deed rather than simply relying on compass bearings and distances when resolving boundary line disputes.
I want it; I want it; I want it is not a good enough argument said the Appellate Division in Irma Straus Realty Corp. v. Old Republic National Title Insurance Company.
Underlying the demand for action was a dispute between neighbors over use of a common stairwell. Plaintiff sued their insurer demanding that the title company pay attorneys' fees and costs to prosecute an ownership action against the neighbor.
Plaintiff's suit was pursuant to section 5 (b) of its policy, which provides that the title insurer “shall have the right ... to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured."
Clearly, as the court points out, Plaintiff didn't understand the difference between the terms "right," which the policy stated, and "obligation," which the policy didn't state.
That is to say, the Plaintiff lost the case.
Clearly, words matter.
Monday, August 03, 2020
Effective August 3, 2020, the Department of State is given the discretion to fine, suspend, or revoke a real estate broker or salesperson's license for violations of the New York State Human Rights Law in their capacity as broker or agent.
Governor Cuomo signed Senate Bill S6874-A which specifically amends Section 441-c of the Real Property Law to include violations of Article 15 of the Executive Law or the New York State Human Rights Law as a ground for revoking or suspending a real estate broker or salesperson's license.
Ironically, the law already included the Department of State’s ability to revoke a license at 19 NYCRR 175.17(b), which states:
Governor Cuomo signed Senate Bill S6874-A which specifically amends Section 441-c of the Real Property Law to include violations of Article 15 of the Executive Law or the New York State Human Rights Law as a ground for revoking or suspending a real estate broker or salesperson's license.
Ironically, the law already included the Department of State’s ability to revoke a license at 19 NYCRR 175.17(b), which states:
“No real estate broker or salesperson shall engage in an unlawful discriminatory practice, as proscribed by any federal, state or local law applicable to the activities of real estate licensees in New York State. A finding by any federal, state or local agency or court of competent jurisdiction that a real estate broker or salesperson has engaged in unlawful discriminatory practice in the performance of licensed real estate activities shall be presumptive evidence of untrustworthiness and will subject such licensee to discipline, including a proceeding for revocation. Nothing herein shall limit or restrict the Department from otherwise exercising its authority pursuant to section 441-c of the Real Property Law.”
Is the new law than just lip service to appease the public after the Newsday investigation which uncovered rampant housing discrimination violations in the real estate industry?
Weigh in.
Wednesday, July 29, 2020
Are schools opening in the fall?
It's looking less likely with each passing day as we are experiencing a national death uptick from COVID and it has invaded Major League Baseball.
Even if schools do open, are you comfortable sending your children?
Maybe you are considering hiring an at-home teacher because you can't possibly continue to work, care for your children and play teacher simultaneously.
Before you do, read our 5-Point Plan to do this legally:
1. Minimum Wage/Overtime/Notice of Pay: Pursuant to the NYS "Domestic Workers Bill of Rights", an at-home teacher must be paid at least minimum wage for all hours worked. The current minimum wage for workers on Long Island is $13 an hour. Domestic workers must be paid at a rate of time and a half for all hours worked over forty (40) in a given week. In addition, employers must provide a Notice of Pay Form to the worker at the commencement of employment which includes the employee's regular hourly rate, overtime rate and regular pay day. Employers of domestic workers can face significant damages if they fail to comply with these wage and hour laws, including but not limited to backpay, double damages, and attorneys' fees.
2. Tracking Hours Worked: Even if you pay a domestic worker for all hours worked in accordance with the law, you can still face liability if you do not accurately and contemporaneously track hours worked. If the employer fails to keep contemporaneous records of hours worked (e.g. sign-in sheets), a court will presume that the employee's account of hours worked is accurate.
3. Workers Compensation Insurance: If a domestic worker works forty (40) or more hours per week or lives on-premises (e.g. a live-in nanny who also teaches the kids), the worker must be covered by workers compensation insurance. While coverage is not required if the domestic worker works less than forty (40) hours per week, obtaining a policy, even if not required, is advised because it protects you from a personal injury lawsuit brought by the teacher.
4. Potential Liability for Covid-19 Exposure: Individuals hiring a domestic worker may be exposed to a potential lawsuit if the domestic worker tests positive for Covid-19. While courts have not yet ruled on the admissibility of liability waivers for Covid-19, having a domestic worker sign a waiver that he/she assumes the specific risks associated with exposure to the virus may mitigate exposure. However, gross negligence cannot be waived. Therefore, employers should implement a safety plan including but not limited to: PPE, health screenings, prohibiting people in the house who are symptomatic/have had recent exposure to Covid-19, to mitigate potential liability.
5. Use of Nanny Cams: While use of nanny cams (i.e. video recording a nanny/at-home teacher without his/her consent) is generally permitted under New York State law, nanny cams may not be installed where a nanny has a reasonable expectation of privacy, (e.g. a bathroom or nanny's bedroom). In addition, recording audio, without the consent of at least one party to the conversation, may constitute a felony pursuant to New York State law.
It's looking less likely with each passing day as we are experiencing a national death uptick from COVID and it has invaded Major League Baseball.
Even if schools do open, are you comfortable sending your children?
Maybe you are considering hiring an at-home teacher because you can't possibly continue to work, care for your children and play teacher simultaneously.
Before you do, read our 5-Point Plan to do this legally:
1. Minimum Wage/Overtime/Notice of Pay: Pursuant to the NYS "Domestic Workers Bill of Rights", an at-home teacher must be paid at least minimum wage for all hours worked. The current minimum wage for workers on Long Island is $13 an hour. Domestic workers must be paid at a rate of time and a half for all hours worked over forty (40) in a given week. In addition, employers must provide a Notice of Pay Form to the worker at the commencement of employment which includes the employee's regular hourly rate, overtime rate and regular pay day. Employers of domestic workers can face significant damages if they fail to comply with these wage and hour laws, including but not limited to backpay, double damages, and attorneys' fees.
2. Tracking Hours Worked: Even if you pay a domestic worker for all hours worked in accordance with the law, you can still face liability if you do not accurately and contemporaneously track hours worked. If the employer fails to keep contemporaneous records of hours worked (e.g. sign-in sheets), a court will presume that the employee's account of hours worked is accurate.
3. Workers Compensation Insurance: If a domestic worker works forty (40) or more hours per week or lives on-premises (e.g. a live-in nanny who also teaches the kids), the worker must be covered by workers compensation insurance. While coverage is not required if the domestic worker works less than forty (40) hours per week, obtaining a policy, even if not required, is advised because it protects you from a personal injury lawsuit brought by the teacher.
4. Potential Liability for Covid-19 Exposure: Individuals hiring a domestic worker may be exposed to a potential lawsuit if the domestic worker tests positive for Covid-19. While courts have not yet ruled on the admissibility of liability waivers for Covid-19, having a domestic worker sign a waiver that he/she assumes the specific risks associated with exposure to the virus may mitigate exposure. However, gross negligence cannot be waived. Therefore, employers should implement a safety plan including but not limited to: PPE, health screenings, prohibiting people in the house who are symptomatic/have had recent exposure to Covid-19, to mitigate potential liability.
5. Use of Nanny Cams: While use of nanny cams (i.e. video recording a nanny/at-home teacher without his/her consent) is generally permitted under New York State law, nanny cams may not be installed where a nanny has a reasonable expectation of privacy, (e.g. a bathroom or nanny's bedroom). In addition, recording audio, without the consent of at least one party to the conversation, may constitute a felony pursuant to New York State law.
Tuesday, July 28, 2020
New Chapter 90 of the Brookhaven Town Code requires expeditors to register or "be guilty of a misdemeanor."
Interestingly, the legislative intent for this new chapter acknowledges a secret truth that no one is willing to say - "individuals and businesses often hire 'expeditors' to assist in moving their permit applications through the various department(s) within the Town. The Town Board of the Town of Brookhaven also finds that no special qualifications or expertise are required for persons who provide expediting services, requiring that prior to engaging in expediting activities in the Town of Brookhaven, expeditors, and their employee(s), should be required to register with the Town of Brookhaven."
To be clear, attorneys, architects, and engineers need not register because they are actually qualified with the expertise to do the job. Give that a thought before you consider hiring an expeditor.
Tuesday, July 21, 2020
The moratorium on foreclosures expires on August 20th (EO 202.28) and a foreclosure tsunami is coming.
According to CNBC, "32% of U.S. households missed their July housing payments" based on a survey by Apartment List, which also advises that 17% of "homeowners [are] concerned about foreclosure."
To prepare for the tsunami, we are giving you our 10-Point Inspection Checklist to evaluate a foreclosure case. Whether we are representing the lender or the borrower, we utilize this list to evaluate the strength of the case, which, when coupled with an evaluation of the borrower's current mortgage terms (i.e., L/V ratio front end/back end, interest rate, principal, interest to date, penalties, attorneys' fees, months of missed payments, prior modifications/forbearances, etc.) is how we assess whether a modification, or other workout, should be considered.
10 Point Inspection Checklist:
In our upcoming Real Estate Investing shows, WRCN / FM 103.9 / Sundays at Noon, we will be breaking down this list into plain English and showing you how to litigate foreclosure cases whether you are the lender or the borrower.
According to CNBC, "32% of U.S. households missed their July housing payments" based on a survey by Apartment List, which also advises that 17% of "homeowners [are] concerned about foreclosure."
To prepare for the tsunami, we are giving you our 10-Point Inspection Checklist to evaluate a foreclosure case. Whether we are representing the lender or the borrower, we utilize this list to evaluate the strength of the case, which, when coupled with an evaluation of the borrower's current mortgage terms (i.e., L/V ratio front end/back end, interest rate, principal, interest to date, penalties, attorneys' fees, months of missed payments, prior modifications/forbearances, etc.) is how we assess whether a modification, or other workout, should be considered.
10 Point Inspection Checklist:
- Standing of plaintiff (owner / holder of note on date of commencement or authorized agent of such owner / holder pursuant to Pooling and Servicing Agreement or other agreement)
- Record admissibility (swearing to business records of another entity; failure to attach business records to affidavits)
- RPAPL 1303 / 1304 / 1305 / 1306 compliance
- Acceleration / Deacceleration (statute of limitations)
- Notices tendered in satisfaction of note terms
- Lis Pendens filing
- Payment history for default calculations / date (requisite missed months for default requirement in note / aligned with notices / statute of limitations)
- Default on Answer with time since settlement conference for late answer availability
- Service / personal jurisdiction issues
- Pleadings requirements (Certificate of Merit - CPLR 3012-B, RPAPL 1302)
In our upcoming Real Estate Investing shows, WRCN / FM 103.9 / Sundays at Noon, we will be breaking down this list into plain English and showing you how to litigate foreclosure cases whether you are the lender or the borrower.
Monday, July 20, 2020
On July 16, 2020, Governor Cuomo signed Executive Order 202.52 which prohibits bars and restaurants from selling alcoholic beverages, unless it comes with the purchase of food. The Executive Order applies to on-premises consumption, take-out, and delivery and it is in effect until August 15, 2020.
A lot of mockery has been out there about this new EO. There have been arguments such as, “I can get Corona with a beer, but not with a beer and a chip.” Yet, that misses the point. The point is to make it impossible for jammed and standing bar parties. By adding a service of food requirement, the government is avoiding bar scenes that will quickly spread Coronavirus. Perhaps this is not the most effective line in the sand and there are likely better lines to draw, but whenever a law is passed, the line will create haters and fans. Better to know the line and keep your liquor license than to fight it until your bar closes, at least that is our perspective.
Restaurant and bar owners are also advised of the guidance set by the State Liquor Authority in light of the Executive Order 202.52:
- “Purchase of a food item which is consistent with the food availability requirement of the license under the Alcoholic Beverage Control Law” shall mean that for each patron in a seated party, an item of food must be purchased at the same time as the purchase of the initial alcoholic beverage(s). However, one or more shareable food item(s) may be purchased, so long as it/they would sufficiently serve the number of people in the party and each item would individually meet the food standard below.
- Food and/or beverages can only be consumed while seated at a table, bar, or counter.
- “A food item which is consistent with the food availability requirement of the license under the Alcoholic Beverage Control Law” shall mean:
- “Other foods” are foods which are similar in quality and substance to sandwiches and soups; for example, salads, wings, or hotdogs would be of that quality and substance; however, a bag of chips bowl of nuts, or candy alone are not. (Updated July 23, 2020)
The SLA further reminds restaurant and bar owners of the purpose of the Executive Order which is to ensure that customers are enjoying a sit-down dining experience with drinks, rather than a drinking, bar-type experience that often involves or leads to socializing without proper social distancing and use of masks. Further, the SLA warns that any obvious efforts to circumvent the above rules will be deemed violations of the Executive Order.
Additionally, in New York City, a “Three Strikes and You’re Closed” policy is put in effect and establishments receiving three violations will be closed for business.
However, regardless of three strikes, an immediate revocation of a liquor license or business closure may occur due to egregious violations. Restaurant and bar owners should be aware of these guidelines to avoid liability and ensure compliance.
A lot of mockery has been out there about this new EO. There have been arguments such as, “I can get Corona with a beer, but not with a beer and a chip.” Yet, that misses the point. The point is to make it impossible for jammed and standing bar parties. By adding a service of food requirement, the government is avoiding bar scenes that will quickly spread Coronavirus. Perhaps this is not the most effective line in the sand and there are likely better lines to draw, but whenever a law is passed, the line will create haters and fans. Better to know the line and keep your liquor license than to fight it until your bar closes, at least that is our perspective.
Restaurant and bar owners are also advised of the guidance set by the State Liquor Authority in light of the Executive Order 202.52:
- “Purchase of a food item which is consistent with the food availability requirement of the license under the Alcoholic Beverage Control Law” shall mean that for each patron in a seated party, an item of food must be purchased at the same time as the purchase of the initial alcoholic beverage(s). However, one or more shareable food item(s) may be purchased, so long as it/they would sufficiently serve the number of people in the party and each item would individually meet the food standard below.
- Food and/or beverages can only be consumed while seated at a table, bar, or counter.
- “A food item which is consistent with the food availability requirement of the license under the Alcoholic Beverage Control Law” shall mean:
- For manufacturers with on premises service privileges: sandwiches, soups or other such foods, whether fresh, processed, pre-cooked or frozen; and/or food items intended to compliment the tasting of alcoholic beverages, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed, including but not limited to: cheese, fruits, vegetables, chocolates, breads, mustards and crackers.
- For on premises retailers with a food availability requirement, including restaurants and taverns: sandwiches, soups or other foods, whether fresh, processed, precooked or frozen.
- “Other foods” are foods which are similar in quality and substance to sandwiches and soups; for example, salads, wings, or hotdogs would be of that quality and substance; however, a bag of chips bowl of nuts, or candy alone are not. (Updated July 23, 2020)
The SLA further reminds restaurant and bar owners of the purpose of the Executive Order which is to ensure that customers are enjoying a sit-down dining experience with drinks, rather than a drinking, bar-type experience that often involves or leads to socializing without proper social distancing and use of masks. Further, the SLA warns that any obvious efforts to circumvent the above rules will be deemed violations of the Executive Order.
However, regardless of three strikes, an immediate revocation of a liquor license or business closure may occur due to egregious violations. Restaurant and bar owners should be aware of these guidelines to avoid liability and ensure compliance.
Friday, July 17, 2020
The NYS Appellate Division recently clarified that "[t]he fact that the security vouchers are a guarantee of payment, rather than a cash payment, does not render them not 'income,' as they are an item of value, worth a payment of up to one month's rent on the tenant's behalf to compensate for unpaid rent or damages to an apartment."
Landlords, brokers, and property managers be warned - you cannot deny a prospective tenant based upon the source of their money for their security deposit as well as for their rent.
Click to read the full Appellate decision, Estates NY Real Estate Servs. LLC v City of New York.
Discrimination lawsuits are everywhere, but they are easy to avoid so long as you treat everyone equally irrespective of their membership in a protected class.
If you get sued for discrimination, lawyer-up fast and watch what you say. Many defendants dig their grave when they get sued for discrimination by acting irrationally. Protect yourself and your company now with trainings at liebcompliance.com
Landlords, brokers, and property managers be warned - you cannot deny a prospective tenant based upon the source of their money for their security deposit as well as for their rent.
Click to read the full Appellate decision, Estates NY Real Estate Servs. LLC v City of New York.
Discrimination lawsuits are everywhere, but they are easy to avoid so long as you treat everyone equally irrespective of their membership in a protected class.
If you get sued for discrimination, lawyer-up fast and watch what you say. Many defendants dig their grave when they get sued for discrimination by acting irrationally. Protect yourself and your company now with trainings at liebcompliance.com
Wednesday, July 15, 2020
On July 14, 2020, the Suffolk County Fair Housing Task Force convened for the first time after its creation and after delays due to the coronavirus pandemic. Its meeting agenda included a discussion of the group’s mission, goals, and expectations. The Task Force is expected to hold public hearings to gather information from residents, experts, and advocates and thus, provide the legislature and County Executive with their report of findings. The Task Force is also expected to start its efforts to combat housing discrimination in Suffolk County. Thus, real estate brokers are reminded of their duty to supervise agents and to be prepared by ensuring that agents receive proper training and that they comply with Fair Housing and discrimination laws.
As background, the Task Force was formed by resolution after the results of a multi-year investigation by Newsday and testers found extensive evidence of impermissible steering of consumers based on race. As such, the Task Force was charged with the responsibility to conduct a comprehensive review of Suffolk County’s Human Rights Law and provide recommendations to improve and strengthen these regulations to more effectively and efficiently stop individuals from discriminating against potential buyers of homes in Suffolk County.
Real estate brokers should be aware that private discrimination claims can include claims for actual damages, punitive damages, statutory penalties, attorneys’ fees and costs, as well as, the suspension or revocation of real estate licenses. To prevent liability and ensure that your licensed associates are properly trained to comply with current Fair Housing and discrimination laws, contact Lieb Compliance HERE for on-demand custom digital trainings for your licensed associates.
As background, the Task Force was formed by resolution after the results of a multi-year investigation by Newsday and testers found extensive evidence of impermissible steering of consumers based on race. As such, the Task Force was charged with the responsibility to conduct a comprehensive review of Suffolk County’s Human Rights Law and provide recommendations to improve and strengthen these regulations to more effectively and efficiently stop individuals from discriminating against potential buyers of homes in Suffolk County.
Real estate brokers should be aware that private discrimination claims can include claims for actual damages, punitive damages, statutory penalties, attorneys’ fees and costs, as well as, the suspension or revocation of real estate licenses. To prevent liability and ensure that your licensed associates are properly trained to comply with current Fair Housing and discrimination laws, contact Lieb Compliance HERE for on-demand custom digital trainings for your licensed associates.
Thursday, July 09, 2020
Effective immediately, landlords and lenders no longer need to submit an attorney affirmation or petitioner’s affidavit with the petition or complaint in an eviction or foreclosure proceeding pursuant to Administrative Judge Marks’ July 7, 2020 memorandum.
This directive amends the procedure for eviction and foreclosure proceedings as set forth on Judge Marks’ June 18 and June 23, 2020 memoranda and as explained in our blogs HERE and HERE. All other requirements and rules stated therein remain in effect. This includes the requirement to serve the Notice to Respondent Tenant or the Notice to Respondent with the commencement documents, as well as rules concerning the calendaring of hearing and motion practice as stated therein.
This directive amends the procedure for eviction and foreclosure proceedings as set forth on Judge Marks’ June 18 and June 23, 2020 memoranda and as explained in our blogs HERE and HERE. All other requirements and rules stated therein remain in effect. This includes the requirement to serve the Notice to Respondent Tenant or the Notice to Respondent with the commencement documents, as well as rules concerning the calendaring of hearing and motion practice as stated therein.
Governor Cuomo signed Executive Order 202.48 which extended existing executive orders, including Executive Order 202.3. Effectively, Executive Order 202.48 allows off-premises consumption of alcohol, including take-out or delivery, until August 5, 2020.
Restaurant and bar owners should still contact counsel to ensure compliance with the Executive Orders and with the limitations set by the State Liquor Authority as violations can result in penalties of up to $10,000 for retail and $100,000 for manufacturers, and/or suspension, cancellation, or revocation of their liquor license.
Restaurant and bar owners should still contact counsel to ensure compliance with the Executive Orders and with the limitations set by the State Liquor Authority as violations can result in penalties of up to $10,000 for retail and $100,000 for manufacturers, and/or suspension, cancellation, or revocation of their liquor license.
On July 7, 2020, Mayor DeBlasio
signed into Law Int. No. 1976 which modified the requirement for booking
services, like Airbnb, to report short-term housing rental transactions.
Essentially, beginning on January 3, 2021, the new law exempts booking services
from reporting listings for rooms only, and for up to two (2) guests. They are
also exempted from reporting if their property is rented for less than four (4)
days in one quarterly reporting period.
Specifically, Section 26-2101 of the
Administrative Code of the City of New York is amended to add a new definition
for “qualifying listing”:
Qualifying Listing. The term “qualifying listing” means a listing or advertisement that offers a short-term rental via a booking service, and:
1. such listing or advertisement offers or appears to offer the short-term rental of an entire dwelling unit or housing accommodation, or
2. such listing or advertisement offers or appears to offer a short-term rental for three or more individuals at the same time.
Further, Section 26-2102 is amended
to exempt booking services from the quarterly reporting of information for
transactions associate with a qualifying listing when all such transactions
within a reporting period result in the rental of a dwelling unit or housing
accommodation for an aggregate of four (4) days or less. The reports must include
the address of the rental listing, name address, and contact information from
the host, total rent received, among others, and must be submitted to the
Office of Special Enforcement.
Failure to comply with the reporting
requirements under the Administrative Code of the City of New York may result
in penalties not more than the greater of $1,500 or the total fees collected
during the preceding year by the booking service for transactions related to
the qualifying listing.
Tuesday, July 07, 2020
On July 6, 2020, Governor Cuomo signed Executive Order 202.48 which affects the validity of many existing executive orders but most notable of which, is that it extends the stay on evictions and foreclosures proceedings to August 5, 2020 for commercial properties, but not for residential properties.
Essentially, Executive Order 202.48 extends the validity of Executive Order 202 up to 202.14, as continued and contained in Executive Order 202.27, 202.28, and 202.38 for another thirty (30) days through August 5, 2020 with some exceptions.
Real estate professionals should be aware that it does not extend the eviction and foreclosure moratorium in place as ordered in Executive Order 202.28 for all residential tenants and mortgagors. However, for commercial properties, an eviction and foreclosure stay is still in place until August 5, 2020.
As such, landlords and lenders should take note of the following:
Landlords and lenders are advised to contact counsel to ensure that all laws, executive orders, and court directives in place due to the coronavirus pandemic are followed. As noted in our recent blog HERE, eviction and foreclosure proceedings now require that the petitioner/plaintiff file additional forms with the commencement documents pursuant to recent directives from Administrative Judge Lawrence K. Marks dated June 18, 2020 and June 23, 2020.
Essentially, Executive Order 202.48 extends the validity of Executive Order 202 up to 202.14, as continued and contained in Executive Order 202.27, 202.28, and 202.38 for another thirty (30) days through August 5, 2020 with some exceptions.
Real estate professionals should be aware that it does not extend the eviction and foreclosure moratorium in place as ordered in Executive Order 202.28 for all residential tenants and mortgagors. However, for commercial properties, an eviction and foreclosure stay is still in place until August 5, 2020.
As such, landlords and lenders should take note of the following:
- Residential evictions may now be commenced but courts are prohibited from awarding warrants of eviction and judgments of possession for tenants experiencing financial hardship for non-payment of rent that accrues or becomes due during the COVID-19 period pursuant to the Tenant Safe Harbor Act. Money judgments may be awarded. For more information, read our blog HERE;
- Residential foreclosure proceedings based on nonpayment due to COVID-19 are prohibited until August 20, 2020 pursuant to Executive Order 202.28;
- Commercial foreclosure proceedings based on nonpayment due to COVID-19 are prohibited until August 5, 2020 pursuant to Executive Order 202.48;
- Commercial evictions based on nonpayment are prohibited until August 5, 2020 pursuant to Executive Order 202.48; and
- Commercial holdover proceedings may be commenced beginning June 21, 2020 pursuant to Executive Order 202.8.
Governor Cuomo signed Executive Order 202.48 which extends most Executive Orders due to the coronavirus pandemic. Among others, Executive Order 202.48 specifically extends the tolling of statute of limitations until August 5, 2020 as provided by Executive Order 202.28. As we’ve previously noted in our blog, the Executive Order does not toll all deadlines in pending and ongoing actions. A copy of Executive Order 202.48 and 202.28 can be found HERE and HERE.
Stay tuned to our blog for changes to the current commercial eviction landscape pursuant to Executive Order 202.48.
Stay tuned to our blog for changes to the current commercial eviction landscape pursuant to Executive Order 202.48.
Thursday, July 02, 2020
A recent New York State, Appellate Division case (Hosking v. Memorial Sloan-Kettering Cancer Center) serves as a reminder to employers and landlords that they may be exposed to disability discrimination lawsuits if they do not engage in an "interactive process" prior to denying a reasonable accommodation request, even if the ultimate decision denying the accommodation is legal. As detailed in the above referenced case, a court will not even reach the step of determining whether the denial of the accommodation is legal if the employer/landlord fails to follow the proper process in evaluating the request.
To mitigate exposure to disability discrimination lawsuits (for failure to accommodate), employers/landlords should follow these steps:
1) Disseminate Policy: Employers/landlords should inform employees/tenants, in writing, that reasonable accommodations are provided to qualified individuals and of the process to request a reasonable accommodation. Employers should include its reasonable accommodation policy in its employee handbook and landlords should include its reasonable accommodation policy in its application and/or make the policy available onsite.
2) Provide Reasonable Accommodation Request Form: Employers/landlords should prepare a form for individuals requesting an accommodation to complete. Questions on the request form should include:
To mitigate exposure to disability discrimination lawsuits (for failure to accommodate), employers/landlords should follow these steps:
1) Disseminate Policy: Employers/landlords should inform employees/tenants, in writing, that reasonable accommodations are provided to qualified individuals and of the process to request a reasonable accommodation. Employers should include its reasonable accommodation policy in its employee handbook and landlords should include its reasonable accommodation policy in its application and/or make the policy available onsite.
2) Provide Reasonable Accommodation Request Form: Employers/landlords should prepare a form for individuals requesting an accommodation to complete. Questions on the request form should include:
- General information of employee/tenant (i.e. name, contact information)
- Nature of the disability
- Requested/suggested accommodation(s)
3) Review and Discuss with Employee/Tenant:
- Review accommodation request
- Request supporting medical documentation if necessary from employee/tenant to properly evaluate request
- Discuss effectiveness/feasibility/reasonableness of potential accommodation(s) with employee/tenant
4) Analyze Whether an Undue Hardship Exists: Employers/landlords are not required to provide an accommodation if providing such accommodation would present an undue hardship. Elements an employer/landlord should analyze include:
- Cost of the accommodation
- Resources of the employer/landlord
- Impact on operation of workplace/facility
5) Draft Determination Letter and Submit to Employee/Tenant: The letter should include:
- A summary of the interactive process
- The accommodation provided
- If an accommodation is denied, provide a detailed explanation (e.g. absence of an accommodation that would permit employee to perform essential functions of position, undue hardship)
- If accommodation request is granted, a date to follow up on effectiveness of accommodation
