Attorney Andrew Lieb appeared on Fox 5 NY discussing FTX Bankman-Fried charged with "epic" fraud and released on $250 bond.
Wednesday, December 28, 2022
On June 21, 2023, all residential leases in NYS need to be updated to provide notice of the flood risk and flood history of the rental as well as what flood insurance is available to renters.
S5472A has created Real Property Law 231-b to create a right to know for renters when it comes to floods.
Now, in addition to providing the history of flood damage at the premises and whether the rental is in a FEMA floodplain, special flood hazard area, or a moderate risk flood hazard area, landlords must include the following notice in all of their leases:
FLOOD INSURANCE IS AVAILABLE TO RENTERS THROUGH THE FEDERALEMERGENCY MANAGEMENT AGENCY'S (FEMA'S) NATIONAL FLOOD INSURANCE PROGRAM (NFIP) TO COVER YOUR PERSONAL PROPERTY AND CONTENTS IN THE EVENT OF A FLOOD. A STANDARD RENTER'S INSURANCE POLICY DOES NOT TYPICALLY COVER FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE YOUR POLICY TO DETERMINE WHETHER YOU ARE COVERED.
Citizenship Status and Immigration Status are now protected classes throughout the State of New York when it comes to discrimination in housing, public accommodations (commercial real estate), education, and employment.
Effective December 23, 2022, A6328A has amended the New York State Human Rights Law to protect a new group of New Yorkers, those who are subjected to different terms, conditions, and privileges based on their citizenship status and immigration status. It protects against discriminatory publications (i.e., advertising / statements). It protects from hostile environments. It is all encompassing to stop discrimination.
According to the law, Citizenship or Immigration Status is defined to mean "the citizenship of any person or the immigration status of any person who is not a citizen of the United States."
Employers, landlords, and educational administrators may have a gut pushback to this law and wonder about issues it may cause for them if they are required to verify legal status as part of their business. Have no fear, the law permits verification and consequential adverse actions "where required by law." However, that does not mean that you can check status whenever you feel like it or believe the law requires it. Instead, it is incumbent upon any person who plans to verify status to first identify the legal basis for why status is required to be verified before doing anything. Otherwise, employers, landlords, and educational administrators should expect to be defending a lawsuit that can easily result in damages over six-figures.
Thursday, December 22, 2022
On December 21, 2022, the State caught up with New York City by passing a statewide mandatory compensation disclosure act, S9427A, which will be effective on September 17, 2023.
The new law, Labor Law 194-b, requires that all employers and agencies only advertise a job, promotion, or transfer if they also provide the compensation or compensation range together with a job description.
While no job description is required if it does not exist, be warned that the law applies even if only a part of the job is to be performed in New York.
Yet, that's all we know... FOR NOW.
However, there will be more because the Department of Labor is charged with promulgating additional rules and regulations. So, stay tuned.
Hopefully, these rules will include a notice before violation provision where an employer can cure before being penalized like the City's version.
The penalties are big - they are $1,000 for the first violation, $2,000 for the second, and $3,000 for subsequent violations. Nonetheless, the real risk is that it's conceivable that a court could find that one mistake could result in thousands of violations based on the number of positions available, applicants, and varying web aggregators that reproduce the job post.
That is all setting aside a company's real exposure.
Now, employees are going to know if they have claims under the Equal Pay Act or if they've been otherwise discriminated in the terms of their employment. This is big!
Wednesday, December 21, 2022
Attorney Andrew Lieb joined LiveNOW from FOX to break-down the referrals from the Jan 6 Committee to the DOJ and why he thinks that the country is now ready for a criminal trial against Trump.
Tuesday, December 20, 2022
January 6 Panel Recommends Criminal Charges Against Donald Trump. Legal Political Analysis With Attorney Andrew Lieb on Fox 5 NY.
Attorney Andrew Lieb joined CBS NY to explain that the referrals from the Jan 6 Committee can undercut the #DOJ by making any charges seem politically motivated even if they are not.
Proving Emotional Distress Damages in a Discrimination Case
Discrimination law is top of mind for most attorneys and businesses throughout the country. We all like to discuss the latest news headlines and debate our culture wars to determine who is right and wrong, but in reality, that discussion misses the point. The real question is what is the cost of being wrong. For example, while pecuniary damages (such as back pay and front pay) are known and tangible, have you considered non-pecuniary damages in your case evaluation? In discrimination law, the largest category of damages is emotional distress, which can vary depending on the proof you have and your ability to prove it in court. In this course, Andrew Lieb will teach you how to gather and prove these intangible damages, which will make or break your discrimination case.
Legal Political Analysis with Attorney Andrew Lieb on LiveNOW from FOX
Monday, December 19, 2022
Sketchy landlords beware!
New York's Real Property Actions and Proceedings Law Article 7-C has been added by A3241 to give tenants and municipalities a new tool in their arsenal to address persistent unsafe conditions that are neglected by their landlords.
Applicable
in both residential and commercial mixed use properties, the new law, which is immediately effective, allows for
receivership proceedings where a landlord has failed to remedy “conditions
dangerous to life, health, or safety.” Basically, this means a court may
appoint an independent “receiver” who is empowered to manage and redirect rent
deposits towards fixing an issue that a landlord has neglected to sufficiently
address.
However, what's interesting is the flip side of the law. It's yet another reminder that tenants should not unilaterally withhold rent or make repairs, outside of their rights in their specific lease, when there are habitability issues at the premises. Instead, they should follow the law and have their rental money deposited with the Court. Doing it otherwise is technically a grounds for eviction. Simple stated, there is a procedure when a landlord doesn't fix property and you, as a tenant, can't decide to just not pay when it's not being fixed.
This procedure of depositing rent into Court and having a receiver appointed was formerly available only in New York City, but now applies statewide.
