LIEB BLOG

Legal Analysts

Friday, October 04, 2019

New Law Allows Disabled Tenants to Terminate Lease in Face of Worsening Medical Conditions

ATTENTION RESIDENTIAL LANDLORDS

On October 3, 2019 Governor Cuomo signed bill A2118 into law, mandating that for all leases moving forward, landlords must accept lease termination notices for tenants living with a "disability" as defined by law, or for the spouse or dependent of a tenant with a disability, should the tenant need to relocate to one of the following:
  • An adult care facility;
  • A residential health care facility;
  • Subsidized low income housing; or 
  • A residence of a family member.
The Tenant Must Give Proper Notice
In order to give proper notice, the tenant needs to attach a physician's certification that the tenant needs to relocate and cannot live independently for medical reasons, as well as a document showing admission or pending admission to an adult care or residential health care facility. 

Tenants must also submit the termination notice with 30 days notice. If the notice is mailed, the notice is considered "received" after 5 days.

Example:
Tenant mailed notice:           May 5th
Notice "received":                May 10th
Next rental payment:            June 1st
Termination effective:          July 1st

Landlords Could Face Fines or Imprisonment for Failing to Accept the Notice
Landlords who refuse the termination notice accompanied by the proper documents could be charged with a misdemeanor, facing either a year in prison, a $1,000 fine, or both. 

RESIDENTIAL LANDLORDS: Make sure that you and your teams are trained in discrimination prevention to avoid fines and jail time. 









Monday, September 30, 2019

NYC: Using the Word "Alien" Could Result In $250,000 Fine

More discrimination lawsuits are on the horizon in NYC based upon the City's Commission of Human Rights new enforcement guidelines concerning immigration status and national origin.

Landlords, merchants, and employers now face up to $250,000 in fines for using terms and phrases like "illegal alien", "alien", and "speak english" when used in the context meant to demean, humiliate, or offend.

In their press release, the NYC Commission of Human Rights provided hypothetical examples of discriminatory behavior, including:
  • Harassing a restaurant patron because of their accent;
  • Refusing repairs on a unit occupied by an immigrant family and threatening to call ICE if they complain;
  • Paying a lower wage or withholding wages to workers because of their immigration status; and
  • Harassing a store customer by telling them to stop speaking their language and demanding they speak English.

*ATTENTION LANDLORDS AND EMPLOYERS* - your teams must be trained in the different forms of discrimination and harassment to avoid fines, lawsuits, and bad publicity.



Thursday, September 26, 2019

All Senior Associates from Lieb at Law, P.C. Have Been Selected to Super Lawyer's Rising Star List 2019

Law Alert - NYC Passes Commercial Landlord Discrimination Law with HUGE Fines

NYC COMMERCIAL LANDLORDS BEWARE! 

Discrimination lawsuits are coming if your teams are not trained to comply with the new NYC commercial tenant harassment laws. 


On 9/25/19, the New York City Council increased commercial tenant harassment fines to a minimum of $10,000 a maximum of $50,000—a ten fold increase from the previous fines that ranged from $1,000 to $10,000. 

The bill passed by the Council also expands on the definition of "tenant harassment" to include: 

  • Requesting identifying documents that would disclose the citizen status of a tenant;
  • Threatening a tenant based on factors including age, race, gender, disability status, or sexual orientation; and 
  • Unreasonably refusing to cooperate with a tenant's permitted repairs or construction activities. 
This expands on the prior prohibitions of denying utility services, removing tenant property, limiting a tenant's access to space, or repeatedly engaging in frivolous lawsuits against tenants. 

Landlords, before taking action in tenant disputes, you should have your teams trained on the different forms of discrimination and harassment to avoid hefty fines.




Monday, September 23, 2019

Law Alert: LLC Owners ID Must be Disclosed in Real Estate Deals

ATTENTION LLC Owners

LLC sellers & buyers of residential property (1-4 family houses) will no longer be able to hide their identities.

Transfer tax returns submitted by LLCs, as required when transferring real estate, will no longer be accepted by the clerk's office unless submitted with the names and addresses of all members, managers, shareholders, directors, officers, partners, and other authorized agents.

Check out the full bill here and understand that you can no longer hide your identity in a residential real estate deal in the State of New York.