Proposed Amendment for Land Surveyor License Requirements in NYS

A proposed amendment relating to license requirements for land surveyors seeks to uphold the Land Surveyor's Education Bill (which previously amended section 7206-a of the Education Law, by updating certain education experience requirements for licensure as a land surveyor to fall in-line with the national standards). 

The proposed amendment seeks to further update the education and experience requirements for a land surveyor license by the following methods: 

• Establishing program registration requirements for land surveyor education programs (which include registration and curriculum requirements);

• Amending the land surveyor education requirements for licensure to conform with national standards; and 

• Amending admission requirements for the fundamentals of surveying, principles, and practice of surveying, and the NYS jurisdicional examinations. 

Additionally, the proposed amendment requires land surveyor education programs to be: 

• Approved course of study in land surveying or substantially equivalent program, which leads to a bachelor's degree or higher; or

• Approved course of study in land surveying which leads to an associate's degree; or

• Approved course of study which leads to an associate's degree or higher in engineering, math, or related science or their substantial equivalent and includes a minimum of 15 semester hours in four specified subject areas--survey I, survey II, boundary/survey law 1, and boundary/survey law 2; and, if the 15 hours cannot be obtained in any of these 3 subjects, then the 15 semester hours may be gained from other courses including cadastral, geodesy, and remote sensing. 

This new rule makes NYS land surveyor's less qualified; meaning, it's now going to be easier to become one. 

Do you agree that land surveyor licensure requirements in NYS should conform with the national standard? 

Are the proposed education programs to obtain a land surveyor license feasible or too burdensome? 

To make your voice heard, comments should be sent to Kirti Goswami, NYS Education Department, Office of Counsel at legal@nysed.gov by July 12, 2021. Comments are reviewed by Government and that is the time that laws are changed to meet the public's perspective - it's a speak now or forever hold your peace moment. 

New Foreclosure Rule from CFPB

On June 28, 2021, the Consumer Financial Protection Bureau (CFPB) issued a final rule amending Regulation X of the Real Estate Settlement Procedures Act (RESPA) which aims to assist mortgage borrowers with a COVID-19 related hardship in seeking loss mitigation options and delaying foreclosure proceedings to encourage resolution of delinquencies through loan modification.
This Rule is going to make it harder for lenders to foreclose and cause more homeowners to enter a modification thereby avoiding foreclosure.

The Rule has 5 key parts:

1. It imposes additional requirements before a mortgage servicer may make the first notice or filing required to commence a foreclosure proceeding due to default.
• However, this requirement is only applicable if:
• The borrower’s mortgage payment became more than 120 days delinquent on or after March 1, 2020; and
• The statute of limitations applicable to the potential foreclosure action expires on or after January 1, 2022.
• If the rule is applicable, mortgage servicers may commence a foreclosure only if:
• The borrower has submitted a completed loss mitigation application and either:
• The borrower is ineligible for any loss mitigation options and the borrowers’ appeal, if applicable, has been denied;
• The borrower rejects all available options; or
• The borrower fails to perform terms of an agreement on a loss mitigation option;
• The subject property is abandoned as defined, under state or municipal law; or
• The servicer has conducted specified outreach and the borrower is unresponsive to such outreach.
• This requirement expire on January 1, 2022, and thus, mortgage servicers shall be free to commence foreclosure proceedings after such date.
2. It provides specific limitations for loan modifications, including:
• A modification may not cause an increase in mortgage principal and interest payments, and may not extend the life of the loan by more than 480 months from the date of the loan modification;
• A loan modification may not charge or accrue interest on deferred payments, which are not due until the mortgage loan is refinanced, the property is sold, the loan modification matures, or the mortgage insurance is terminated (if the loan is insured by FHA);
• Modification MUST be made available to borrowers experiencing COVID-19 related hardships;
• Borrower’s acceptance of a permanent modification, after a trial modification plan, ends any preexisting delinquency on the mortgage; and
• No fees may be charged in connection with a modification and all existing late charges, penalties, stop payment fees, or similar charges incurred on or after March 1, 2020, shall be waived.
3. Imposes additional live contact early intervention obligations on servicers to discuss specific COVID-19 related relief:
• Applies to:
• A borrower who is not in a forbearance program; or
• A borrower who is near the end of a forbearance program based on a COVID-19 related hardship.
• These requirements expire on October 1, 2022.
4. Requires the servicer to contact the borrower, within 30 days before the end of the forbearance period, if the borrower remains delinquent, and inquire if the borrower wants to complete a loss mitigation application.
5. Defines COVID-19-related hardship to mean “a financial hardship due, directly or indirectly, to the national emergency for the COVID-19 pandemic declared in Proclamation 9994 on March 13, 2020 (beginning on March 1, 2020) and continued on February 24, 2021, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)).”

The Rule does not take effect until August 31, 2021. That being said, borrowers should be aware that the CFPB foreclosure moratorium expired on June 30, 2021 and the CDC foreclosure moratoriums for FHA, HUD, VA, Fannie Mae, and Freddie Mac loans ends on July 31, 2021 and to contact their mortgage servicers as soon as possible to inquire about available loss mitigation options.

Court Rules Short Term Injuries Now Qualify As Disabilities Under ADA

Many more disability lawsuits are anticipated after the 2nd Circuit ruled that temporary injuries qualify as disabilities under ADA. 

An injury that only lasts 19 days can constitute a qualifying disability for purposes of a failure-to-accommodate claim under the Americans with Disabilities Act, according the Second Circuit Court of Appeals in Hamilton v. Westchester Cnty. 

For background, disabled individuals have a legal right to demand a reasonable accommodation from rules, policies, and procedures so that they can have equal access to public services, enjoyment of property, and opportunities at work. 

When disabled individuals are denied rightfully requested accommodations, lawsuits happen for big $$. 

When disabled individuals aren't provided with a forum to negotiate an accommodation, known as the interactive process, lawsuits happen for big $$. 

When disabled individuals aren't even provided with an opportunity to request an accommodation in the first place (such as by a form or notice), lawsuits happen for big $$. 

Simply, disability discrimination law is a really big deal, with big numbers at stake, to employers and property owners / managers. In fact, 26% of US adults have some sort of disability according to the CDC. As a result, every employer and property owner / manager must understand this new change in the law. 

Before this case, it was unclear in the Second Circuit, which controls NY, CT, & VT, whether an individual with a short-term disability from an injury could qualify for an accommodation under the law. 

Now, we know that they qualify. 

While the case before the Circuit Court was about an inmate at the Westchester County Jail, who claimed a denial of an opportunity to participate in or benefit from services, programs, or activities, under Title II of the ADA, the takeaway is that temporary disabilities can trigger the protections of the ADA under all three of its Titles, including:

• Title I - Employment & Hiring
• Title II - Public Services, Programs, & Activities
• Title III - Public Accommodations (i.e., commercial property & websites) 

It is clear that the Circuit Court intended all three Titles to apply to temporary disabilities because it expressly based its decision on the 2008 ADA Amendments Act, which broadened the definition of "disability" under the ADA to include temporary or Transitory injuries. In so reasoning, the Circuit Court pointed to 28 CFR 25.108(d)(ix) (i.e., the regulations to the ADA) to find that a "'disability' shorter than six months in duration now can be actionable under the ADA." 

Now, all employers, property owners, brokers, property managers, and governmental officials in NY, CT, & VT better adjust their policies and afford rights to those disabled from injuries (even really short-term injuries) or they are going to get sued?

Have you ever been denied your rights to have policies adjusted to enable you to have the full enjoyment of life, which was otherwise problematic because of your disability?

Shouldn't disabled people be given every benefit to fully enjoy life?

This is good law.

New Foreclosure Compliance Rules in Town of Southampton

The Town of Southampton has issued a new compliance protocol (Town Code at Chapter 262) for Foreclosure Plaintiffs in response to an increase in crime and deterioration in property appearance. 

The new law sets forth a Registration Scheme with new maintenance obligations:

• Homes are to kept free and clear of weeds, overgrown brush, trash, dead vegetation, debris, etc.
• No graffiti
• Requirements for watering, irrigation, cutting and mowing of lawn
• Pools and spas to be clear of pollutants and debris

Properties subject to foreclosure must be properly secured in order to avoid unauthorized access:

• Locked windows, doors, and gates
• Repairs to broken windows, doors, and gates
• Designation of a property manager to maintain and perform necessary work

Penalties & Fines include:

• $1,000 fine or up to 15 days in jail (or both), for each violation
• $1,000-$5,000 fine or up to 15 days in jail (or both) for a second or subsequent violation
• $150 for first day of violation, $250 for second day of violation, $500 for third day of violation and continuing.

Will the new registration requirements really increase the value of neighborhoods and decrease crime and deterioration? 

New Law All NY Contractors with Government Contracts Should Know About To Get Paid Faster

Public work projects involving New York State entities are lengthy, extensive, chaotic, and often result in a variety of disputes based on timeframe, requisition for payments, and when payments are due.

Consequently, NY amended a previous law that changes the definition of how contractors get paid to make it an easier and quicker process. 

Substantial completion is now defined as the completion of "work or major portions thereof as contemplated by the terms of the contract.

Based on this new definition, it's time for contractors to revise the terms of the government contracts with this new language. 

For reference, the new NYS law amends State Finance Law §139-f and General Municipal Law §106-b, which require contractors working on a public work project to submit requisitions for payment of completed work that is "substantially completed" to a public owner. The amendments clarify the meaning of  "substantial completion" in public work projects.  

Previously, Senate Bills S.7664 and and A.9117 amended section 139-f of the state finance law to define "substantially completed" work on a public work project as "the state in the progress of a project when the work required by the contract" is completed. 

The new law supersedes both Senate Bills S.7664 and A.9117 with its new definition of "substantial completion.

Based on this narrow and concise definition of "substantial completion,", this amendment will undoubtedly create far less chaos, confusion, and turmoil during the course of an ongoing public works project.