LIEB BLOG

Legal Analysts

Tuesday, July 12, 2016

Top 5: Look No Further Than Lieb

Before making a real estate decision, read these five articles written by Andrew Lieb, Esq.

Thursday, July 07, 2016

What You Need To Know About Short Term Rentals In Southold

In September 2015, Southold passed a law, Southold Town Zoning Code §280-4, prohibiting all transient rental properties, also known as short-term rentals. Thereafter, local folklore emerged about grandfathering a house around the law. Don’t believe the folklore.

As a matter of background, prior to the transient rental law, Southold homeowners were generally able to rent their homes with no minimum durational restrictions. Now, all dwellings located in Southold, except for those on Fisher’s Island, are prohibited from leasing their homes for a period of less than 14 nights. Moreover, when a property is listed on a short-term rental website, the law presumes the dwelling is being used as a transient rental property. This law does not affect the hospitality industry as applied to licensed bed and breakfasts, hotels, and motels. Therefore, if you wish to stay in Southold for a duration of less than 14 nights, you must stay at a motel, hotel, or bed and breakfast.    

As to grandfathering a house around the law, for a non-conforming use to legally continue it must:
  • Not been enlarged, altered, extended, reconstructed or restored; and 
  • Never be changed to a conforming use. 
This last requirement is why Southold residents will functionally be unable to grandfather around the Southold transient rental law. Simply stated, once a homeowner’s property is used for a conforming use that nonconforming use no longer falls under the grandfathering exception. In a short-term rental, once the rental period is over, possession is transferred back to the homeowner in a conforming use. So, the only way to get grandfathering is to always have continuous occupancy at a home by tenants without ever having a break in rentals. This functionally doesn’t happen. Sometimes the best way to challenge a law that you don’t like isn’t to find a way around it, but instead to become active in local government and have the law changed to your liking.

Tuesday, July 05, 2016

Hamptons Real Estate Law: Never Overlook the Lease

Wednesday, June 22, 2016

Lieb at Law, P.C. Expands Litigation Team - Job Opportunities Available

**Click Here to Apply Now**

Multiple litigation positions available at Lieb at Law, P.C. including experienced attorneys and 2016 Law School graduates.


Litigation Team: 

Lieb at Law, P.C., is seeking the next Attorney to help raise the bar and lead our profession in a collaborative, inspiring and technologically advanced setting. This role will start off working across all aspects of the firm's litigation practice inclusive of plaintiff personal injury, real estate litigation, contractual litigation, premises liability, ownership disputes and more. Then, the candidate is charged with developing their personal niche as their career evolves.

We are looking for a potential star that is intellectually driven, who does not cut corners, has a fresh approach, thinks outside-the-box and can provide tangible fact-driven support. Our firm motto is "no case -no statute - no talk". This means that fluff will not get you very far at Lieb at Law, P.C.

The firm offers an environment that supports personal and professional growth without micromanagement or dogmatic resistance to fresh and innovative ideas. Driven attorneys who prove their competency are quickly rewarded with responsibility and opportunities beyond that offered for similarly experienced attorneys at larger firms. Competence trumps experience and career growth is limited only by your own ability, ambition and desire to learn and evolve. Career advancement includes partner-track.

This position is located in Center Moriches, which is in Suffolk County within the Riverhead / Westhampton Area. Clients span across Metro New York area.

Compensation: Commensurate with experience, includes full benefits package.

About the firm: 
Lieb at Law, P.C. services the New York Metro area inclusive of the Hamptons and NYC with a practice focus on real estate and corporate litigation and compliance. Lieb attorneys train and write articles on the latest case law, statutes and industry practices affecting real estate professionals. The firm also offers legal services in related fields like real estate brokerage, fair housing / discrimination, mortgage foreclosure, business / entrepreneurship, ownership disputes and more. Lieb at Law also provides a full range of legal services for landlords such as: Ownership Entity Structuring; Lease Drafting & Negotiation; Fair Housing and Discrimination Training & Litigation Defense; Pet Policies & House Rules; Evictions; Property Damage Litigation & Security Deposit Disputes; Rental Permits & Municipal Compliance; Land Use and Development; and Property Management Training & Operations Structuring.

Lieb at Law's mission is to serve as an indispensable strategic advisor to our clients, helping to minimize risk while maximizing profitability, and aggressively litigate with leading solutions. The firms transactional team ensures that contractual language is driven by qualitative data from the litigation field. Lieb at Laws work product is a derivative of embracing education and technology. Lieb at Law is fully committed to our technology-based collaborative approach and believes that this operational model drives our success.

Beyond utilizing legal research platforms to enable immediate access to the most recent case law and publications, the firm's systems include cloud-based file and time management software with additional proprietary programs. As a result, Lieb Attorneys have instantaneous access to client records anywhere, even on their smartphones in court and at closings.

For more information visit http://blog.liebatlaw.com and http://www.liebatlaw.com


This profile is attorney advertising. Prior results do not guarantee a similar outcome

Monday, June 20, 2016

Radio Interview with Andrew Lieb on Lieb School and Adverse Possession