Washington DC now has mandatory sexual harassment trainings from a 2018 law, the Tipped Wage Workers Fairness Amendment Act.

Under the law, covered employers’ primary obligations include providing mandatory sexual harassment training to both business operators & tipped employees.

Other obligations require covered employers to report to the DC Office of Human Rights (OHR) both their sexual harassment policy & all harassment complaints made to management from 2020 on. All requirements are set forth in OHR’s fact sheet on employee rights, which must be posted at places of employment. 

OHR has created a portal for employers to report their compliance with the mandates of the Act & employers will be watched - so tread carefully. 

If you were harassed or discriminated against, this law & its trainings are not the end of the story. You have a claim under Title VII & other federal & state laws. Know your rights & act because statutes of limitations, including a filing requirement with EEOC might otherwise curtail your rights. This is serious & damages can be outrageous.  

 

1. Hire a real estate broker who will provide virtual tour technology
2. Price 10% below comps in your market 
3. List "as is; no contingencies"
4. Hire an attorney to draft a real estate contract that includes the "as is; no contingencies" terms before you even get a buyer
5. Use a "time of the essence" closing date in your contract
6. Take a significant deposit (i.e., at least 10%) on contract signing
7. Set liquidated damages in the amount of the deposit plus reasonable attorneys' fees and costs in enforcing the contract (i.e., liquidated damages are set damages in case of breach of contract) 
8. Start emptying the house the moment that the contract is signed by the buyer
9. Be available for any access needs of the buyer
10. Be nice and courteous to your representatives and the buyer's representatives so that they prioritize your deal

-or- sell to an ibuyer platform and avoid all 10 steps.

More tips in our book, "10 Strategies to Purchase Property Post-Pandemic: The Ultimate Guide to Real Estate Investing". 

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It took until 8/17/2022 for NYS to realize that its real estate brokerage law, Article 12-a of the Real Property Law, was flawed. 

Until now, how could a saleswoman function in the state? After all, the statutory license was called a "Real Estate Salesman." 

Ironically, the advertising regulations were already up to date, at 19 NYCRR 175.25(c)(4), which required the use of the term "real estate salesperson." However, the actual statute was still in its 1927 form where the license was gender specific. Now, the term "salesman" is replaced with "salesperson" per S536A.

While you may think this is a ridiculous change and probably makes no difference, it's important for little girls to understand that all people can be anything and using male dominated terms is a macro dissuader to female participation in the workforce. So, good job New York State.

On 8/17/2022, 9 NYCRR 466.16 was adopted and is the law in NYS - landlords / brokers / property managers be prepared to be sued for source of income discrimination if you don't update your policies and roll out intensive trainings.

This law requires entities administering any public housing program or assistance to provide a detailed notice of rights from source of income discrimination to tenants in compliance with Executive Law 170-e.

The notice must be provided as follows:

• Current recipients must receive notice within 30 days after the effective date of the regulation;
• Future recipients must receive notice "upon notification such individual qualifies for the voucher or assistance"; 
• "In writing, and in 14 point... font";
• Electronically is permissible by a link to the notice; &
• On all websites administered by the entity. 

The required notice will look like this:

KNOW YOUR LEGAL RIGHTS AS A RECIPIENT OF HOUSING ASSISTANCE

By law, you are protected from housing discrimination.

The New York State Human Rights Law makes it unlawful to discriminate in housing on the basis of your source of income. This includes all forms of housing assistance (like Section 8 vouchers, HUD VASH vouchers, New York City FHEPS and others), as well as all other lawful sources of income including: Federal, state, or local public assistance, social security benefits, child support, alimony or spousal maintenance, foster care subsidies, or any other form of lawful income.

Housing providers who are covered by the Human Rights Law include landlords, property managers, real estate professionals like brokers, tenants seeking to sublet, and anyone working on their behalf.

Housing providers are not allowed to refuse to rent to you because you receive housing assistance. They are also not allowed to charge you higher rent, or offer you worse terms in a lease, or deny you access to facilities or services that other tenants receive.

Housing providers are not allowed to make any statement or advertisement that indicates housing assistance recipients do not qualify for the housing. For example, a housing provider cannot say they do not accept housing vouchers or that they do not participate in a program such as Section 8.

It is lawful for housing providers to ask about income, and about the source of that income, and require documentation, but only in order to determine a person’s ability to pay for the housing accommodation or eligibility for a certain program. A housing provider must accept all lawful sources of income equally. It is unlawful to use any form of screening of applicants that has the intent or result of screening out those receiving housing assistance.

If you believe that you have discriminated against by a housing provider with regard to your lawful source of income, you can file a complaint with the New York State Division of Human Rights.

How to File a Complaint

A complaint must be filed with the Division within one year of the alleged discriminatory act or in court within three years of the alleged discriminatory act. To file a complaint, download a complaint form from www.dhr.ny.gov. For more information or assistance in filing a complaint, contact one of the Division’s offices, or call the Division’s toll-free HOTLINE at 1 (888) 392-3644. Your complaint will be investigated by the Division, and if the Division finds probable cause to believe discrimination has occurred, your case will be sent to a public hearing, or the case may proceed in state court. There is no fee charged to you for these services. Remedies in successful cases may include a cease-and-desist order, provision of housing that was denied, and monetary compensation for the harm you suffered. You can obtain a complaint form on the website, or one can be e-mailed or mailed to you. You can also call or e-mail a Division regional office. The regional offices are listed on the website. 

On August 11, 2022, NYC passed legislation to end pregnancy discrimination.

The new law requires a public education program to inform expecting parents about their rights under discrimination law. 

These rights include being free from discrimination due to an impending childbirth, or a medical condition related to pregnancy, and, also, to receive reasonable accommodations at work when one was recently pregnant or a current caregiver. Additionally, notice about disability benefits, paid family leave, and earned safe and sick time are part of the educational mandate. 

With the passage of this bill, NYC is taking a firm stance against discrimination based on pregnancy and employees will now know that they can live and work free from discrimination in the City. If they face discrimination, they should look no further than the New York City Human Rights Law and fight for their rights.

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