LIEB BLOG

Legal Analysts

Tuesday, December 03, 2019

New Law: harassment of a rent regulated tenant

New Law: harassment of a rent regulated tenant
On December 3, 2019, the NY State crime of harassing a rent regulated tenant was expanded by way of the tenant protection act of 2019.

New Penal Law section 241.02 and amended Penal Law 241.05 have created the crimes of harassment of a rent regulated tenant in the first and second degree with the second degree being chargeable with a misdemeanor and the first degree with a felony.

These laws are effective on May 31, 2020.

Be very careful when evicting a regulated tenant - they have rights!




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Wednesday, November 27, 2019

New Law: Discrimination Commissions

Discrimination , Eye on Real Estate
New Law: Discrimination Commissions
On November 25, 2019, General Municipal Law 239-o was amended to have local Commissions on Human Rights take into account all of the NYS protected classes when seeking to foster mutual respect and understanding in the community.

The protected classes are:

  1. ages
  2. races
  3. sexual orientation
  4. gender identity or expression
  5. military status
  6. sex
  7. disability
  8. predisposing genetic characteristics
  9. familial status
  10. marital status
  11. domestic violence victim status 
  12. creed
  13. color
  14. national origin

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Tuesday, November 26, 2019

LIBOR / NYSAR - We just don't get it

associate real estate broker , continuing education
LIBOR / NYSAR - We just don't get it
On November 21 - we posted the blog Dear LIBOR - Lieb School has a question about your Fair Housing Courses where we advised that the statute requires that real estate licensees only be taught with "attorneys presenting legal subjects".

Now, Newsday is reporting a quote from NYSAR's CEO - "We are requiring all of our instructors that want to teach fair housing to go through a training course that will be run by an independent fair housing group before they can teach for us again,” MacKenzie said.

What?

You can't have them go through a training to become attorneys - they have to pass the Bar Exam.

Can't you all just follow the law?


Liebschool.com - where the law is followed


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Monday, November 25, 2019

Pointless Legislation? RE Broker Discrimination = License Revocation

associate real estate broker , Brokerage Laws
Pointless Legislation? RE Broker Discrimination = License Revocation
Newsday is reporting that "Sen. James Gaughran (D-Huntington) and Assemb. Kimberly Jean-Pierre (D-Babylon) introduced a bill that would expand the state’s authority to suspend or revoke a real estate agent’s license."

Did you know that a law already exists that provides for discrimination = license revocation?

19 NYCRR 175.17(b) 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.

 Yes, codifying the law makes sense, but unless DOS prosecutes, what's the point?


Hey Brokers - should a license be lost if a broker is found to have discriminated? 

Just remember, not every charge of discrimination is legitimate.

Let us know your thoughts in comments.
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Co-op Purchaser Application Fees Eliminated by Tenant Protection Act?

Andrew Lieb , housing stability and tenant protection act of 2019
Co-op Purchaser Application Fees Eliminated by Tenant Protection Act?
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