Legal/Advocacy

LEGAL CORNER: My Lender Would Not Proceed with My Loan and I Just Lost My Down Payment!

September 2019

In a recent decision, Sanjana v. King (see https://bit.ly/2kDGf5K), the Appellate Division, First Department, affirmed the Supreme Court’s decision, (see https://bit.ly/2Mw924T) which held that a seller could retain the purchasers’ down payment of $110,000 as liquidated damages where the purchasers failed to timely cancel the contract of sale in accordance with its terms when the…

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LEGAL CORNER: The New Rent Laws: Confusion and Anger

August 2019

Since the passage of the Statewide Housing Security and Tenant Protection Act of 2019 (the “2019 Act” or “Act”) [see https://bit.ly/2xA6lth] on June 14, 2019, the Hudson Gateway Association of Realtors, Inc. has been receiving many inquiries regarding the act. Among some of the commonly asked questions relate to: (1) whether the 2019 Act applies…

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BARRISTER'S BRIEFING: Show Me the Money: Earning Your Commission

August 2019

“Show me the Money!” That is one of the most memorable sports movie quotes in history. I challenge anyone to say that they never heard it or that they haven’t said it themselves. Realtors should say, “Show me the commission!” The problem is, sometimes they’re entitled to it, other times they’re not. So, here’s a…

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LEGAL CORNER: Major Changes to the NY Rent Regulation Laws: The Statewide Housing Security and Tenant Protection Act of 2019

July 2019

On June 14, 2019, Gov. Andrew Cuomo signed into law the controversial Statewide Housing Security and Tenant Protection Act of 2019 [see https://bit.ly/2xA6lth]. The act went into effect immediately and it significantly modifies and expands the existing rent regulations. The act changes both the legal and business landscape in the New York real estate market…

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BARRISTER'S BRIEFING: Who Has the Photo Rights?

July 2019

Did you know that you can be fined/sued for photos that appear on your webpage that you never personally posted? Well, you can, but you can also protect yourself… and you should! Photograph Copyright A copyright is a legal device that gives the author of a creative work the sole right to publish and sell…

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BARRISTER'S BRIEFING: Have I Got an Offer for You!

June 2019

As agents it’s common for us to make and/or receive offers on properties, at least we hope that it’s common. Because it’s common, we often forget the rules surrounding the making and receiving of offers. It’s important to keep these rules in mind so you don’t run afoul of the HGMLS Rules and Regulations or…

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LEGAL CORNER: HUD v. Facebook: Battling Discrimination on the Internet

April 2019

The filing of the charge of discrimination on March 28, 2019 (see https://bit.ly/2OxXTCC) against Facebook, Inc. by the Secretary for Fair Housing and Equal Opportunity with the Department of Housing and Urban Development comes at a time of the year when the real estate industry’s focus is on Fair Housing, particularly because it commemorates the…

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HGAR Hires Brian Levine as New In-House Counsel

April 2019

WHITE PLAINS—Brian Levine, Esq., of Stamford, CT has recently been appointed In-House Counsel/Director of Legal Services & Professional Standards Administrator for the Hudson Gateway Association of Realtors. Levine comes to HGAR with nearly two decades of legal experience, including real estate, contracts, refinancing, litigation/mediation/arbitration, insurance, regulatory agency compliance, commercial contracts/development, and tortuous interference of business…

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LEGAL CORNER: Still No Clarity: The ADA Revisited in Light of the Ninth Circuit’s Decision in Robles v. Domino’s Pizza, LLC

February 2019

On Jan. 15, 2019, the Ninth Circuit Court of Appeals issued its decision in Robles v. Domino’s Pizza, LLC (see https://bit.ly/2SDzfF7), which sheds some additional light on the requirements “places of public accommodation” (which include real estate brokerage firms, Realtor associations, and other businesses) are subject to under the Americans with Disabilities Act  (see https://bit.ly/2dXuamI)…

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LEGISLATIVE AFFAIRS: NAR Releases 2019 Legislative Agenda

February 2019

The National Association of Realtors’ 2019 legislative agenda has been released. The industry has big goals ahead for 2019 with a new Congress that took power amid a month-long partial government shutdown. Some of the key NAR legislative agenda items are below. I will cover more agenda items in my column for the February print…

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BARRISTER'S BRIEFING: A Close Look at Rent Security Deposits in New York

February 2019

Virtually all leases require tenants to give their landlords a security deposit; usually of one month’s rent. If a lease is renewed at a greater amount or the rent is increased during the term of the lease, the owner is permitted to collect additional money from the tenant in order to bring the security deposit…

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LEGAL CORNER: The Shutdown’s Effect on Real Estate Transactions

January 2019

On Dec. 21, 2018, the federal government partially shutdown all non-essential services. At press time, this is now the longest government shutdown in U.S. history. As a result, some federal loan programs have been affected. The shutdown is also affecting conventional loans, causing delays and even cancellations of transactions. Real estate professionals should understand how…

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