New NYS Law Changes Voting Requirements for Nonprofits Consolidation, Mergers, & Dissolution

A new NYS law is about to make it much harder for a nonprofit to consolidate, merge, or dissolve. 

Previously, only a simple majority vote was required, but effective 10/31/2021, S3265 will require a two-thirds vote.

Clearly, this new legislation will make it much harder for not-for-profit corporations to consolidate, merge, or dissolve.

Do you agree that nonprofits should have to go through a bigger hurdle to dissolve? 

Lieb Quoted in Newsday Article on Section 8 Vouchers & Discrimination

Check out Maura McDermott's Newsday article, Ruling: Suffolk complex broke law spurning Section 8 housing vouchers.

In the article, I'm quoted as saying that "Starting in September, a new state law requires state agencies and nonprofits that administer housing subsidies to give recipients written notice about their fair-housing rights" and that "fair-housing enforcement has become a higher priority at the local, state and federal level, which he said was prompted by Newsday’s 2019 Long Island Divided project, a three-year investigation into housing bias."

The article is about how Long Island Housing Services filed suit after "its testers were told the complex did not accept federal housing-choice subsidies, also known as Section 8 vouchers."

Do you think we should have more testers in society to route out housing discrimination?

Who should pay for these testers?

In the article, it said that Long Island Housing Services paid $23,855 for the testors - that's a lot of $$$

John Oliver Tackles Fair Housing - Newsday's Long Island Divided is on HBO

If you still don't understand that housing discrimination happens or if you are confused about the long term impacts of discrimination, you need to watch this great explanation of housing discrimination on HBO by John Oliver - it's a must watch for anyone who doesn't understand that housing discrimination from yesterday impacts lives today. 

Alternatively, here is The Lieb Cast tackling the same issue on our podcast back on January 31, 2021. 

Who does the topic better; Lieb or Oliver?

Shouldn't John have Lieb on his show?

What do you think?

New Requirements for Brookhaven ZBA

The Town of Brookhaven has issued new requirements for its Board of Zoning Appeals members (Town Code at Chapter 85).

Now, members of the ZBA must: 

• Attend a minimum of 4 seminars/courses of certified education training in both planning and ethics with a minimum of 2 seminars in each area; & 

• Attend all public meetings with no greater than 4 absences from such meetings being permitted within each year.

If a current board member fails to comply with these new requirements, they may be removed from the board following a public hearing. 

Based on these new requirements, the Brookhaven ZBA is becoming a much more professional administrative body. 

Do you think other towns, villages, and cities should follow suit?

Educating those who make important decisions about our communities is definitely something that we can support. Do you? 

You Just Can't Say "Made in USA" on Products Anymore

The FTC has finalized a new "Made in USA" rule, which sets forth that labels may not contain unqualified "Made in USA" claims unless: 

1. Final assembly or processing of product occurs in the US;
2. All significant processing that goes into the product occurs in the US; or
3. All or virtually all ingredients or components of the product are made and sourced in the US.

Clearly, the FTC is attempting to crack down on enterprises who falsely claim products are made in the US. Is that you?

Think, Amazon retailers - do you even know if your product comports with the rule? 

Should you fail to meet the criteria listed above, the FTC has the power to seek civil penalties of up to $43,280 per violation - wow!

Will these penalties motivate you to immediately confirm that you qualify before advertising "Made in USA"? 

Will large internet based enterprises scale back on selling/distributing certain products in order to ensure compliance with this new rule? 

The Neverending Assault on Landlord's $ Continues with New Bill on Governor's Desk

Landlords are about to be capped on key reproduction fees in NYS. 

You may be saying whoopdeedoo, but it's not that simple. 

The cap is 110% of the actual cost of reproduction. However, the cap doesn't apply for the 4th time the tenant needs the keys in a calendar year. 

The real question is what happened the second and third time the tenant needed a new key. Why are they constantly losing their keys? Do you lose your house keys FOUR times in a year? 

Here is a question - does this new key reproduction cap also cap the shipping and handling of the new keys? Think about it. Now a landlord needs to stop their day, drive to a local hardware shop, wait about 20 minutes for the line and the key to be made, drive back to their office, and deliver the key for virtually fifty cents. This is nuts. 

Maybe the legislature should realize that landlords never wanted to make money on key reproduction in the first place. Instead, they charged a lot to motivate their tenants to STOP LOSING KEYS. 

Read the new law, section 235-i of the Real Property Law, here. 

Governor Cuomo should not to sign this stupid law. 

If he does, lawyers need to draft leases with shipping and handling fees for keys, but it's unclear if such fees will be upheld in court when the litigation ensues on the topic. 

Do you think landlords should be able to charge fees for shipping and handling of key reproduction?