Andrew Lieb, Esq will be instructing a ZOOM CLE for Attorneys on April 13, 2021 through the Suffolk County Bar Association. 

MCLE Credit: 2 Diversity

Location: Zoom

Program Description: The Fair Housing Act prohibits discrimination because of race, color, national origin, religion, sex, familial status, and handicap (disability). Plus, NYS has even stricter laws that prohibit discrimination in housing.

Did you know, starting on June 20, 2020, all real estate brokers are required to give all transacting parties a Discrimination Disclosure Form detailing their rights and available relief?

This course will uncover and discuss:

• Housing Discrimination 101
• Relevant Laws
• Elements of a Claim/Defense of a Claim
• Damages
• Statutory Penalties
• Top 10 Do’s and Don’ts

Generally, homeowners are exempt from liability for construction-related injuries that happen in their home. 

However, homeowners become liable if they direct or control the method and manner of work. 

What does that rule mean to you?

The Appellate Courts, in O'Mara v. Ranalli, just taught us that it is a jury question where there is evidence that the homeowner did the following acts:

• Supplied the ladders used by the contractors;
• Being on site and giving direction nearly every day; and 
• Deciding not to permit the installation of stairs from the basement to the first floor in the face of the contractor insisting that it was needed for safer and easier access to the first floor.

The NYS Department of Labor is being required by a new law to establish an online database by April 22, 2021 to make available all information and data regarding all workplace fatalities in the construction industry.

Originally, this law stupidly applied to employees rather than workers and contractors, which is the standard for workers in the industry. Now, this has been fixed by new law. 

If you are a GC (general contractor) and you don't think that the ambulance chasers have already planned to favorite this website, you have another thing coming. It's time to button-up those safety protocols, meetings, and compliance checks. 

What are you doing to protect yourself from suit?

There has been a long standing dispute in the courts as to whether a family member can be evicted in an eviction proceeding (a/k/a, summary proceeding) or whether a protracted case was required in Supreme Court (a/k/a, ejectment proceeding). 

A summary proceeding is considered to be a "simple, expeditious and inexpensive means of regaining possession" of your property. Yes, it can take many months and thousands of dollars, but in contrast to an ejectment proceeding, that is fast and cheap. You can expect an ejectment proceeding to take years and to spend tens of thousands of dollars.

As you can see, whether a family member can be evicted in a traditional eviction proceeding is a big issue that can change the cost / benefit analysis of proceeding with the eviction proceeding in the first place. 

The answer to this long standing dispute was just provided by the appellate courts in Aloni v. Oliver when the courts ruled that a family member or romantic partner can be evicted just like everyone else in a traditional summary proceeding. 

The only exception to this general rule is that you cannot evict your spouse in a summary proceeding and must resort to an ejectment proceeding, unless there is an existing court decree to the contrary.

Are you ready to evict your family members who are taking advantage of you? 

Attention Contractors: If you help your client violate the uniform fire prevention and building code and that violation empedes a person's egress from such building during an emergency evacuation (think fire), then, you can be fined up to $7,500 under new law. 

This law applies to contractors, architects, subcontractors, construction superintendents, and agents.

Is this fair? Should a contractor have to tell their client no when the client wants something that violates the building code? Are contractors now code enforcement agents?

The headlines are in - the federal foreclosure / eviction moratoriums are extended to June 30, 2021 from March. This extension applies to 70% of single family home mortgages.

The subtext is that we have a foreclosure / eviction crisis on the horizon. According to the White House "1 in 5 renters is behind on rent and just over 10 million homeowners are behind on mortgage payments." 

If you just use a little deduction, you will quickly realize that almost every block across America is going to see foreclosures and evictions. In the micro, this will result in firesales, which will reduce comparable home prices across the board. In the macro, it will decrease property upkeep and maintenance, which will create a secondary impact on the greater community's desirability and pricing. 

That's the bad. 

The good is that it's going to be a buyer's market soon.

We need to start thinking about strategies to Purchase Property Post-Pandemic. 

What's your strategy? 

Traditionally, boards are protected from suit under what is called the Business Judgment Rule, which means that actions that are undertaken in good faith and in furtherance of the community, no matter how foolish, can not give rise to board liability. The only real exceptions to this rule are for acts of self-dealing or discrimination. 

However, poorly drafted By-Laws can change that standard and expose boards to liability. 

This was just highlighted in the recent Appellate Division case of Matter of Kotler v 979 Corp.

In the case there was a dispute about the assignment of a cooperative's proprietary lease on the lessee's death. The Court found that the by-laws supplanted the Business Judgment Rule with a heightened Reasonableness standard when the document stated "consent shall not be unreasonably withheld to any assignment or transfer of this lease."

Then, the board lost the case and was told to pay damages and attorneys' fees. 

Attention boards, managing agents (property managers), and board counsel - don't just copy another board's by-laws - think for yourself.