New NY Legislation Enables Remote Witnessing of Health Care Proxies

New York has made a significant advancement in healthcare decision-making with the signing of Assembly Bill A8521, allowing for the remote witnessing of health care proxies. This amendment to the state technology law acknowledges the importance of accessibility and safety in legal processes, particularly in times when in-person witnessing is not feasible. Health care proxies, vital for appointing a trusted individual to make health care decisions on one's behalf if incapacitated, can now be witnessed remotely, ensuring individuals' health care wishes are respected even in challenging circumstances.

Reshaping Access: Residential Security and Keyless Devices

On January 26, 2024, Governor Hochul signed Bill No. S8036, which goes into effect immediately. This bill amends NYS's general business law, prohibiting the installation of certain security devices used to control access to common areas of a residential buildings without proper authorization and notice. 

This bill requires:  

1. The written permission of the owners, board of managers, board of directors, or authorized party of residential buildings for the installation of certain security devices. 
2. If written permission is given, then occupants of a residential building must be given 30 days notice prior to the installation of keyless security devices.
3. The written notice must be either delivered to each individual unit or be posted in a conspicuous location in each common area accessible to residents for 30 days.

Further, the bill provides that under no circumstances may the installation of keyless security devices obstruct or adversely impact the manner in which residents of the residential building access it. 

To learn more about Bill No. S8036 click here. How do you see the balance being struck between security regulations and residents' rights? We want to know—comment below!

NEW LAW FOR NYS BUSINESSES: Adapting to New Credit Card Surcharge Regulations

Effective February 11, 2024, a new amendment to General Business Law Section 518 introduces significant changes for businesses regarding credit card surcharges. The key takeaway is that businesses can no longer add credit card processing fees as a separate charge for non-cash payments, even if disclosed. Instead, any surcharge must be included in the total grossed-up price displayed to customers prior to checkout.

Businesses have two main compliant options:

1. Two-Tier Pricing: Display two prices for each item with one including the surcharge for credit card payments and another for cash, checks, or debit payments.
2. Inclusive Pricing: Incorporate the credit card fee into all prices and offer a discount for non-credit card payments.

This change offers businesses an opportunity to demonstrate their commitment to fairness and transparency, potentially enhancing customer loyalty. Ensuring clear communication about pricing and payment methods is key to navigating these new requirements successfully.

Violations: If a business violates the amended General Business Law Section 518, there are significant consequences. Non-compliance can result in civil penalties of up to $500 for each violation. In more severe cases, a business could face criminal charges, leading to fines, imprisonment for up to one year, or both. It's crucial for businesses to adhere to these regulations to avoid legal repercussions and maintain a positive relationship with their customers.

To read Section 518 of New York State's General Business Law click here. To review New York State's Credit Card Compliance Guidance click here. New York State has also released an educational video which you can watch here. 

Suffolk County Human Rights Law Updated - Mortgage Lending Discrimination

An updated version of the Suffolk County Human Rights Law was just released. It has an amended section 528-10(A) as to credit discrimination - mortgage lending, which states as follows:

Unlawful discriminatory practices in relation to credit.

A. 

It shall be an unlawful discriminatory practice for any creditor or any officer, agent or employee thereof:

(1) 

In the case of applications for credit with respect to the purchase, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, land or commercial space, to discriminate against such applicant because of the group identity of such applicant or applicants, or any member, stockholder, director, officer, or employee of such applicant or applicants, or of the prospective occupants or tenants of such housing accommodation, land or commercial space, or because of the lawful source of income of such individual or individuals, in the granting, withholding, extending, renewing, or in the fixing of the rates, terms or conditions of any such financial assistance or credit; or

[Amended 11-21-2023 by L.L. No. 35-2023]

(2) 

To use any form of application for credit or make any record or inquiry in connection with applications for financial assistance or credit which expresses, directly or indirectly, limitations, specifications, preferences, or discrimination because of the group identity or lawful source if income of the applicant or the applicants; or

[Amended 11-21-2023 by L.L. No. 35-2023]

(3) 

To discriminate in the granting, withholding, extending or renewing, or in the fixing of the rates, terms or conditions of any form of credit, on the basis of an applicant's or applicants' group identity or lawful source of income; or

[Amended 11-21-2023 by L.L. No. 35-2023]

(4) 

To refuse to consider sources of an applicant's income or to subject an applicant's income to discounting, in whole or in part, because of an applicant's group identity.

New Rule Targets Salary History to Close Gender and Racial Pay Gaps

The Office of Personnel Management (OPM) has taken a significant step towards addressing gender and racial pay disparities within the Federal workforce with its latest regulation. Effective April 1, 2024, this rule prohibits the use of salary history in setting pay for new civilian employees, a practice that has historically contributed to ongoing pay inequities.

The private sector should take notice because the use of pay history is going to be a driving force in future claims under the Equal Pay Act based upon extrapolations from this regulation. 

Salary history has often been a determining factor in pay decisions, but this approach fails to account for the diverse experiences and qualifications individuals bring to their roles. More critically, it has perpetuated biases, inadvertently anchoring new salaries to previous ones that may have been influenced by discrimination. This cycle has been particularly detrimental to women and people of color, who statistically earn less than their white male counterparts. The gap is even more pronounced for women of color, underscoring the urgency of implementing measures that promote fair compensation.

By mandating that Federal agencies set pay based on merit, qualifications, and the requirements of the position rather than past compensation, the OPM aims to dismantle one of the barriers to achieving pay equity. This rule is a bold move towards creating a more equitable and inclusive Federal workforce, where pay disparities no longer shadow one's career.

For an in-depth understanding of the OPM's final rule and its impact on pay equity, visit the Federal Register: Advancing Pay Equity in Governmentwide Pay Systems.

Emergency Ready: New Requirement for Property Management Companies

On January 26, 2024, Governor Hochul signed Bill No. A08494 to amend the multiple residence and dwelling law in New York State. Now, owners and agents of multiple residences and multiple dwellings need to provide emergency personnel a list of names and contact information of residents on lease execution, lease renewal, lease amendment, and now, on annual recertification if an owner is a public corporation regulated by the public housing law. 

The underlying law is important so first responders know that everyone is safe that should be in the housing in events like fires. However, the most vulnerable residents in these situations are often the ones without voices for themselves who are relegated to living in public housing. This new amendment is specific to them and applies the law of providing occupant lists to first responders for residents in housing owned by a public corporation under the public housing law. 

The amendment to the multiple residence and dwelling laws goes into effect on February 15, 2024. To learn more and read bill A08494, click here. How do you envision this impacting community safety? Let us know your thoughts below.