LIEB BLOG

Legal Analysts

Thursday, November 21, 2019

Dear LIBOR - Lieb School has a question about your Fair Housing Courses

Did you know that the statute, Real Property Law §441(3)(c), requires that fair housing courses be taught by attorneys only?

The statute states: It shall be taught by a qualified faculty with attorneys presenting legal subjects.

We are just wondering how Newsday's Long Island Divided reported on real estate licensees deficiencies in teaching fair housing when they aren't legally allowed to teach these courses in the first place.

Please let us know.

Liebschool.com - where the law is followed



Wednesday, November 20, 2019

Eye on Real Estate Podcast (11/16): Andrew Lieb, Dottie Herman, Brad Inman, Thomas Drew, Mike Conte

If you missed Eye on Real Estate on 11/16 you can listen to the podcast. Real Estate panel includes:

  • Andrew Lieb - Lieb at Law Managing Attorney
  • Dottie Herman - Douglas Elliman CEO
  • Bradley Inman - Inman Founder
  • Thomas Drew - Citizen Bank Executive
  • Michael Conte - Insurance Expert


Tuesday, November 19, 2019

Real Tips HR: How to accommodate pregnant employees in the workplace

Mordy Yankovich and Andrew Lieb discuss employers duty to offer reasonable accommodations to pregnant employees if there is a condition related to the pregnancy that affects how the employee can perform their job duties.

Watch this short clip here. 

Tuesday, November 12, 2019

No Certificate of Occupancy? No Rent, No Eviction Proceeding

On November 6, 2019, Governor Andrew Cuomo signed Assembly Bill 1646 into law. Assembly Bill 1646 amends the Multiple Residence Law and adds a new Section 302-a. The Multiple Residence Law applies to buildings with three or more units outside New York City.

Effective immediately, the new law prohibits the recovery of rent AND the commencement of an action for possession of a dwelling based on nonpayment of rent if the dwelling or structure occupied for human habitation does not have a certificate of occupancy or is not in compliance with the existing certificate of occupancy pursuant to Multiple Residence Law § 302.

The dwelling may be caused to be vacated for any nuisance or if it is occupied by more families or persons than permitted or is erected or occupied contrary to law. Such dwelling cannot be occupied until it or its occupancy has been made to conform to law.

Apart from a landlord being prohibited from recovering rent and possession of the premises through a nonpayment eviction proceeding, landlords should also be aware that violations may also be fined up to $500 or imprisonment up to a period of one year, or both.

What RE Brokers that were previously exempt from CE need to know about the new CE requirements

NY Real Estate Brokers and Salespersons that were previously exempt from Continuing Education will no longer be exempt and will need to have completed the full CE requirements, including the new subjects prior to submitting a renewal on or after 7/1/2021.

They can begin taking continuing education 2 years prior to the expiration date of their current license. Keep in mind that only those submitting a renewal on or after 7/1/21 must meet the new requirements.

For example: A licensee with a current license renewal date of 9/1/19 to 8/31/21 would need to complete the education, and the courses would have to be completed in the 2 years immediately preceding the renewal (after 9/1/19 and before submitting the renewal). Any licensee who submits the renewal prior to 7/1/21 may claim the exemption one last time. 

NOW, all licensees must receive 22.5 hours of continuing education every 2 years to stay licensed. The 22.5 hours must include:
  • 3 hours on fair housing &/or discrimination
  • 2.5 hours on ethical business practices
  • 1 hour on recent legal matters governing the practice of real estate brokers and salespersons in New York, which may include statutes, laws, regulations, rules, codes, Department of State Opinions and Decisions, and Court Decisions 
  • 1 hour on the law of agency (2 hours in the initial 2-year cycle)
Lieb School has you covered! We are in the process of revamping our continuing education packages to comply with the new laws!