New Real Estate License Law Regulation - Discrimination is Serious for your License

Effective May 18, 2016 the license law has been updated in the State of New York and discrimination clearly will no longer be tolerated by salespersons and brokers. The regulations is:

19 NYCRR 175.17(b)

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.

Dan's Taste of Summer - Exclusive Promo Code for 20% off Tickets

Exclusive PROMO code for 20% off tickets: LIEB

Dan's Taste of Summer kicks off with Dan's GrillHampton on Friday July 22,and continues on Saturday, July 23 with Dan's Taste of Two Forks presented by Farrell Building Company, both on the waterfront at Fairview Farm at Mecox, 19 Horsemill Lane, Bridgehampton. 

New to the lineup this year is the oceanfront food and drink fest ClambakeMTK at Gurney's Montauk, 290 Old Montauk Highway in Montauk on July 30 Dan's Harvest East End, the can't-miss food and wine classic, rounds out the series on August 20 at McCall Vineyard and Ranch, 22600 Main Road, Cutchogue.

For tickets and more information on all Dan's Taste of Summer events, visit DansTasteofSummer.com.

Top 5: Look No Further Than Lieb

Before making a real estate decision, read these five articles written by Andrew Lieb, Esq.

click here

What You Need To Know About Short Term Rentals In Southold

In September 2015, Southold passed a law, Southold Town Zoning Code §280-4, prohibiting all transient rental properties, also known as short-term rentals. Thereafter, local folklore emerged about grandfathering a house around the law. Don’t believe the folklore.

As a matter of background, prior to the transient rental law, Southold homeowners were generally able to rent their homes with no minimum durational restrictions. Now, all dwellings located in Southold, except for those on Fisher’s Island, are prohibited from leasing their homes for a period of less than 14 nights. Moreover, when a property is listed on a short-term rental website, the law presumes the dwelling is being used as a transient rental property. This law does not affect the hospitality industry as applied to licensed bed and breakfasts, hotels, and motels. Therefore, if you wish to stay in Southold for a duration of less than 14 nights, you must stay at a motel, hotel, or bed and breakfast.    

As to grandfathering a house around the law, for a non-conforming use to legally continue it must:

• Have been in existence on the effective date of the Southold’s Zoning chapter, April, 9, 1957; 

• Not been enlarged, altered, extended, reconstructed or restored; and 

• Never be changed to a conforming use. 

This last requirement is why Southold residents will functionally be unable to grandfather around the Southold transient rental law. Simply stated, once a homeowner’s property is used for a conforming use that nonconforming use no longer falls under the grandfathering exception. In a short-term rental, once the rental period is over, possession is transferred back to the homeowner in a conforming use. So, the only way to get grandfathering is to always have continuous occupancy at a home by tenants without ever having a break in rentals. This functionally doesn’t happen. Sometimes the best way to challenge a law that you don’t like isn’t to find a way around it, but instead to become active in local government and have the law changed to your liking.

Hamptons Real Estate Law: Never Overlook the Lease

Andrew Lieb discusses suffolk county lease requirements in his latest article Hamptons Real Estate Law: Never Overlook the Lease, featured in Dan's Papers.

Read the full article here.