Addressing Legal Needs for Real Estate Brokerages

Lieb at Law represents many of the nation's largest real estate brokerage companies in addition to small and medium-sized offices and individual licensees. The firm's services range from advising cutting edge PropTech startups on corporate structuring and securities laws from seed round to operational compliance and more. We also offer traditional brokerage firms full litigation services.

Lieb at Law's real estate brokerage litigation services includes representation in courts, arbitrations, and mediation where we conduct hearings, trials, and appeals in addition to negotiating favorable settlements,on such topics as:

• Anti Competitive Practices
• Breach of Fiduciary Duty
• Commission Disputes / Affidavits of Entitlement
• Fair Housing & Discrimination
• False Advertising
• Fraud / Fraudulent Inducement
• License Law Violations and Administrative Complaints before the Government
• NAR / REBNY Ethics & MLS / RLS Complaints
• Subpoenaed Non-Party Witness Representation

In addition to their litigation expertise, Lieb at Law assists in mitigating litigation risk by developing customized policies, forms, and procedures for each company, aimed at enhancing overall compliance and reducing legal challenges. They draft independent contractor agreements, in compliance with such laws as the Freelance Isn't Free Act, and employment agreements, so as to avoid misclassification issues. Furthermore, their extensive training programs for licensees, including digital on-demand sessions, play a crucial role in equipping real estate broker's to defend against lawsuits effectively.

Lieb at Law's trainings and policies are meticulously crafted to mitigate litigation risks. Led by Attorney Andrew Lieb, their compliance courses provide invaluable insights and practical guidance, helping licensees, managers, and other employees and independent contractors, stay up-to-date with regulatory requirements and industry best practices.

Explore Lieb at Law's comprehensive range of TRAININGS & CERTIFICATIONS, covering essential topics such as Fair Housing & Discrimination, Rental Training, Subsidies Training, Housing Security and Tenant Protection Act of 2019, Agency Disclosure, Sexual Harassment Prevention Training, New Agent Training / Orientation Training, Commercial Compliance, Property Manager Compliance, License Law Annual Updates, and License Obligations.

At Lieb at Law, they understand the importance of proactive legal measures and ongoing education in safeguarding the interests of real estate brokerage companies. Trust Lieb at Law to be your strategic partner in navigating legal challenges and ensuring compliance in today's changing real estate brokerage industry.

Contact Lieb at Law today.  

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To learn more about real estate trainings contact Lieb

Navigating Real Estate Discrimination - Your FAQs Answered

Real estate discrimination must be fought any time you’re buying, selling, or renting any type of housing or commercial property. Real estate discrimination involves unfair treatment because of your source of income, disability, race, religion, sex, gender, and many other protected classes. Because discrimination in the housing market can be attributed to so many factors, it’s crucial for buyers, sellers, and renters to be familiar with their rights. Learn more about real estate discrimination through our answers to your most frequently asked questions below.

If you are a real estate broker or salesperson charged with discrimination, contact Lieb at Law to learn how we can defend you with our team of real estate discrimination lawyers.

Is real estate discrimination illegal?

Yes. Discrimination in real estate is illegal throughout the United States. In some states, like New York, there are even greater protections, rights, and damages available to victims of housing discrimination. You are entitled to compensation whether you were discriminated against by a seller, landlord, tenant co-op, condo, HOA, lender, real estate broker, salesperson, or property manager.

Does real estate discrimination only apply to housing?

No. Real estate discrimination laws apply to both housing and places of public accommodation. Examples include shopping centers, professional offices, retail stores, recreational facilities, service centers, and educational institutions.

Can I sue for housing discrimination?

Yes. Not only is it possible to sue for real estate discrimination, but Lieb at Law, P.C. has helped countless individuals recover compensatory damages and punitive damages for the emotional distress inflicted by this unlawful act. If you or a loved one were discriminated against because of your protected status or class, it is critical to work with an experienced attorney who will fight to ensure that you receive the compensation you deserve.

What qualifies as discrimination?

Discrimination is classified as unfair treatment to an individual because of their protected status or class. These statuses/classes vary throughout the United States, but may include race, ethnic background, visible traits (hair texture, hairstyle, donning of religious garments or items), color, national origin, citizenship status, alienage status, immigration status, lawful source of income (subsidy recipient status), occupation, religion, creed, marital status, partnership status, sex, gender, sexual orientation, gender identity or expression (transgender status), domestic violence victim status, stalking victim status, sex offense victim status, familial status, pregnancy, presence of children, handicap (disability), age, military status, uniformed service, veteran status, first responder status, arrest record, and sealed conviction record.

Can a real estate / housing provider change the terms of a lease or contract based on my protected class?

No. The law prevents real estate / housing providers from changing the terms, conditions, privileges, and/or availability of property based on your protected class status. It requires real estate brokers / salespersons to give you written disclosures that advise you of your rights. It prevents you from being treated differently from others where only the terms of your offer matter, not who you are.

Are handicapped individuals entitled to housing accommodations?

Yes. If you are handicapped or disabled, you are entitled to receive reasonable accommodations and reasonable modifications to allow you to equally use and enjoy the property. Your actual diagnosis does not need to be revealed and can remain confidential if you seek an accommodation or modification. In addition, the cost of the accommodation cannot be charged to you. In places like New York City, the cost of modifications cannot be charged to you either.

What are common examples of disability cases concerning housing discrimination?

The most common handicap and disability cases that we see involve service animals or emotional support animals in no pet properties. Other types of cases include parking issues, egress ramps for mobility impairments, and additional failure-to-accommodate cases. When it comes to accommodating the rights of handicapped and disabled individuals, providing access is essential.

Can I be discriminated against based on my source of income?

Whether you receive subsidies, like Section 8 (Housing Choice Vouchers), or are unemployed and receive child support, disability, spousal support, or have a trust fund, your source of income cannot impact your housing choices. The law protects you from offensive signage, improper applications, and/or wrongful questionnaires if they inquire about your employment status, request your W-2, or solicit a letter of employment. Where you get your rent money is your business and yours alone.

Can I be retaliated against if I proceed with a discrimination lawsuit?

Don't be afraid to speak-up. If you are advancing a fair housing and/or anti-discrimination right, you are protected from retaliation. Even if it is ultimately found that you were not discriminated against, you can be compensated for facing unlawful coercion, intimidation, threats, or other types of interference with your anti-discrimination rights. It also applies if you are an ally who is aiding and/or encouraging someone else to exercise their rights to be free from discrimination.

What happens if I win my housing discrimination case?

As the victim, you can recover compensatory damages, punitive damages, and your attorneys’ fees. The perpetrator can lose their license (if applicable), be required to take trainings, be made to pay fines, and be ordered to stop their offensive behavior. Working with a top discrimination attorney affords you the best possible chance at a successful outcome to your case. If you or a loved one has been treated unfairly and is in need of legal assistance, contact Lieb at Law today.

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SCOTUS - Discriminatory Job Transfers - The Simple Injury Standard is Born

The Supreme Court just adopted The Simple Injury Standard to identify discriminatory terms and conditions of employment when it ruled unanimously that an employer's act of transferring an employee "from one job to another because she is a woman" (or another protracted trait) is actionable discrimination under Title VII.

The case, Muldrow v. City of St. Louis, states that discrimination is actionable so long as the employee can identify "some harm" regardless if that harm is "significant" because to “discriminate against” refers to “differences in treatment that injure” employees. Specifically, in Muldrow, the plaintiff sued because her "terms [or] conditions" of employment were changed, even though her "rank and pay remained the same," because her new position changed her "responsibilities, perks, and schedule," based on who she was. SCOTUS explained that this "meet[s] that test with room to spare" in overturning the lower court's dismissal based on the now extinct "materially significant disadvantage" standard.  

In Muldrow, the simple injuries experienced that support a discrimination claim were:

1. "She was moved from a plainclothes job in a prestigious specialized division giving her substantial responsibility over priority investigations and frequent opportunity to work with police commanders." 
2. "She was moved to a uniformed job supervising one district’s patrol officers, in which she was less involved in high-visibility matters and primarily performed administrative work." 
3. Her schedule became less regular, often requiring her to work weekends; and she lost her take-home car."

Specifically, SCOTUS held that "[a]lthough an employee must show some harm from a forced transfer to prevail in a Title VII suit, she need not show that the injury satisfies a significance test." That is the new test, resolving a split in the Circuit Courts, as to the definition of an adverse employment action for an employment discrimination claim. 

A Win for Fairness: NYS Court Expands Discrimination Protections for Nonresidents Seeking Jobs

On March 14, 2024, New York State's Court of Appeals rendered its decision on Syeed v. Bloomberg L.P., which holds that New York City and New York State Human Rights Laws apply to nonresidents who are not yet even employed by a company in the city or state, but who are proactively seeking an actual city or state based job opportunity. 

This decision expands the protections of NY's / NYC's discrimination laws to include individuals who were denied employment based on discrimination even if said individuals were not yet residents or employees in New York State or City.

If you'd like to read the case and learn more about the court's decision, click here. 

Proposed Rule Aims to Enhance Air Travel Safety for Passengers with Disabilities

The U.S. Department of Transportation (DOT) has introduced a proposed rule to bolster regulations under the Air Carrier Access Act (ACAA). This initiative seeks to address the pressing concerns faced by individuals with disabilities, particularly those utilizing wheelchairs and scooters, during air travel. With an emphasis on safety and dignity, the proposed rule aims to rectify issues such as mishandled mobility devices and inadequate assistance during transfers to and from aircraft seats.

Key Objectives of the Proposed Rule:

• Addressing Mishandled Mobility Devices: Passengers with disabilities often experience damage or loss of their mobility devices during air travel, leading to significant distress and inconvenience. The proposed rule seeks to establish stringent guidelines to mitigate such incidents and hold airlines accountable for the proper handling of mobility devices.
• Ensuring Proper Transfers: Passengers with disabilities often face challenges in navigating these transitions, leading to potential safety risks and infringements on their dignity. The proposed rule aims to implement measures to ensure that passengers receive the necessary support and assistance throughout the travel process.

As the proposed rule enters the public comment period, stakeholders, including disability advocacy groups, airlines, and the general public, will have the opportunity to provide feedback and input. This collaborative process will be instrumental in shaping the final regulations and ensuring that the needs of passengers with disabilities are adequately met.