Legal/Advocacy

LEGAL CORNER: Challenges to New Rental Laws Hit a Judicial Obstacle

October 2020

On Sept. 30, U.S. District Court Judge Eric R. Komitee for the Eastern District of New York, issued a decision that deals a temporary blow to two cases filed more than a year ago by the Community Housing Improvement Program and the Rent Stabilization Association of N.Y.C., in one case, and several landlords, in another…

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LEGISLATIVE AFFAIRS: National Issues in Focus

October 2020

The Small Business Administration will begin processing PPP loan forgiveness applications. Businesses’ are eligible for the forgiveness program if they spent 60% or more of the loan on payroll, and for other uses such as rent, electric or mortgage payments. The PPP program saved many businesses from going under. Businesses should submit their applications to…

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October Legislative Update

October 2020

The House and the Senate have passed and President Trump has signed a stopgap funding resolution through Dec. 11. This is a big step in keeping certainty going for the country and the economy at large. Included in this resolution is an extension of the National Flood Insurance Program through next September, which will keep…

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LEGISLATIVE AFFAIRS: Westchester Co-Op Transparency Law in Need of Improvement

September 2020

In December of 2018 the Westchester County Executive George Latimer signed legislation into law to guarantee a measure of protection to prospective co-op purchasers. Thus far, more than 300 rejections of prospective buyers have occurred since the co-op law went into effect. This is an inordinate number of rejections. and there are many questions that…

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LEGAL CORNER: The HEALS Act: Still in Limbo

August 2020

On July 27, 2020, the Senate introduced eight bills, referred to as the Health, Economic Assistance, Liability Protection and Schools Act (HEALS Act), that would offer additional relief for individuals and businesses affected by the COVID-19 Pandemic. On July 31, 2020, an important element of the previously enacted COVID-19 relief packages, the Pandemic Unemployment Assistance…

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BARRISTER'S BRIEFING: Being a Professional

July 2020

As the HGAR Professional Standards Administrator, I often get calls and e-mails from members of the public and/or Realtors looking to file a complaint against a Realtor who is acting unethically. Usually, after a lengthy discussion, it’s revealed that the Realtor being complained about isn’t acting unethically, they’re simply acting unprofessionally. Topping the list of…

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August Legislative Update: Congress Debates Latest COVID Aid Package

July 2020

Legislative activity remains high on the national level. As the incidences of Covid-19 escalate in many areas of the country, Congress is in talks to pass another aid package which, at this point, is far from what either party can agree upon. One of the components of the bill that is being discussed is extending…

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LEGAL CORNER: The Court of Appeals Decision in Regina Metropolitan Co., LLC: A Challenge to New York’s Rental Laws

July 2020

On April 2, in the midst of the COVID-19 Pandemic, the New York State Court of Appeals issued a decision in Regina Metropolitan Co., LLC v. New York State Division of Housing and Community Preservation (“Regina Metropolitan”) [see https://bit.ly/38I4y79] barring the retroactive application of certain provisions of the Housing Stability and Tenant Protection Act of…

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LEGISLATIVE AFFAIRS: July Legislative Update

July 2020

We are four months into the COVID-19 crisis and much of the legislative activity continues to center around COVID issues on both a state and national level, not to mention the myriad of related local rules and regulations. On the federal level, Congress is beginning to debate a third round of stimulus for the economy.…

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LEGAL CORNER: The PPP Flexibility Act: Update on the PPP Loan Program

June 2020

On Friday, June 5, 2020, President Trump signed the Paycheck Protection Program (PPP) Flexibility Act of 2020 (the “PPP Flexibility Act”) (see https://bit.ly/3dSbhNx). The PPP Flexibility Act provides additional relief to those businesses that have applied for and received loans under the Paycheck Protection Program instituted under the Coronavirus Aid, Relief, and Economic Security Act…

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BARRISTER'S BRIEFING: Phase 2: What You Need to Know

June 2020

As you are all aware, the post Covid-19 reopenings are underway and the Mid-Hudson region is currently in Phase 2. There are many rules that New York State’s Department of Health has outlined as mandatory requirements and others as “best practices” that are strongly recommended. You are all encouraged to read the “Interim Guidance for…

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LEGAL CORNER: New Fair Housing Regulations Go into Effect on June 20, 2020

May 2020

During this difficult period, when individuals and businesses are concerned primarily with the personal and economic impact being caused by the COVID-19 Pandemic, it is important that real estate brokers and agents continue to keep up with the new legal developments. On Dec. 16, 2019, Gov. Andrew Cuomo announced new regulations (“New Fair Housing Regulations”),…

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LEGAL CORNER: The Latest on the PPP Loan and PUA Programs for Small Businesses, Sole Proprietorships and Independent Contractors

April 2020

On March 7, 2020, Gov. Andrew Cuomo declared a state of emergency for New York State [see https://on.ny.gov/34jIVI4]. On March 13, 2020, President Trump then declared a national state of emergency [see https://bit.ly/2JMNC3N]. Since then, many have lost their lives to the COVID-19 virus. Additionally, many of the nation’s non-essential businesses have been forced to…

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