The US House of Representatives approved the “ADA Education and Reform Act of 2017” or H.R. 620 with a 225-192 vote. This Bill will change the face of commercial real estate disability law immediately when signed by the President. Specifically, the Bill provides for a new notice and cure period as a condition precedent to civil suit. As such, commercial property owners should immediately implement a policy to demonstrate good faith that is triggered by receipt of a notice. Further, defense counsel should leverage this new law as a procedural basis to dismiss claims against commercial real estate clients.

As an aside, the Bill also provides for educational programs designed to promote public accommodations for persons with a disability, but such programs will require regulations prior to implementation so it is unknown how such programs will ultimately look. Regardless, the Bill provides for training of professionals whose job it is to assess accessibility of properties, such as Certified Access Specialists (CASp). The CASp program was created through California Senate Bill 262 and currently, New York does not have a similar program in place. Nonetheless, New York commercial real estate professionals may hire accessibility specialists certified by the International Code Council or similar programs.

As such, commercial real estate professionals should immediately learn more about these specialists to obtain an immediate assessment of their properties as it seems that a positive finding of compliance will be a good mitigator to suit.

To track H.R. 620’s progress through the Senate, use Govtrack.

Now that 2018 is here it is important to be aware of the changes in the law for our industry. This is not a list about the best events from 2017, but instead, a list that highlights the new legal landscape
that real estate attorneys face in 2018. Being familiar with these laws, regulations and opinions may help Attorneys better address their client’s goals and make them money while helping them
avoid malpractice.

Here is a link to the full article by Andrew Lieb, Esq. published in The Suffolk Lawyer. 

New section of the Real Property Law protects tenants from illegally converting dwellings in all residential leases. This statute will place an exorbitant risk on the landlords; a risk only magnified by the likelihood that a property insurance carrier will disclaim coverage for such a claim.

Read the full article by Andrew Lieb, Esq. published in the Suffolk Lawyer here.

The NYS Assembly held a hearing before the Committee on Insurance on January 12, 2018, which goes into great detail about new Insurance Regulations 206 and 208.

During the first approximate 2 hours of the hearing, Superindent Maria T. Vullo of the Department of Financial Services made a statement and fielded many questions about these regulations and the industry as a whole. Then, a second panel of the big 3 title insurance underwriters discussed their take on the regulations. Next, a consumer advocacy panel and then, a title insurance agency representative testified, which were followed by the President of the New York State Land Title Association and an independent title closer. Finishing up the testimony, the Executive Director of TIRSA testified.

Beyond this hearing, real estate professionals should continue to track New York State Bills A8467 and S6704, which each relate to the definition of the phrase "an inducement for, or as compensation for, any title insurance business" as set forth in Insurance Law 6409 and can further change the title insurance industry, if signed into law.