Legal/Advocacy

NAR Helps Secure Key Provisions in Coronavirus Bill for Realtors

March 2020

WASHINGTON—The U.S. Senate unanimously passed a $2-trillion COVID-19 compromise economic relief package on March 25. The bill now goes to the U.S. House, where it is expected to pass, and President Trump has said he will sign the much-needed measure into law. The National Association of Realtors reports the bill includes $350 billion for the…

Read More

LEGAL CORNER: HUD’s New Guidance on ‘Service Animals’ and Reasonable Accommodations for ‘Assistance’ Animals

March 2020

A common issue that arises in connection with many residential lease negotiations and the occupancy of condominium units and cooperative apartments is where the individual seeking to occupy an apartment or unit requests a reasonable accommodation from a housing provider to allow for occupancy of a “service animal” or “assistance animal.” While many requests are…

Read More

BARRISTER'S BRIEFING: MLS is Coming—Here are the New Changes!

March 2020

OneKey MLS, our new joint venture multiple listing service, will go live March 24, 2020. With this new change comes modifications to what you will see and input into our Matrix system, as well as some procedural changes. This article will address the most notable and important changes. New Status Changes Pending: As you may…

Read More

BARRISTER'S BRIEFING: Coping with the New Changes

February 2020

“The secret of change is to focus all of your energy not on fighting the old, but on building the new. Socrates I thought it would be a good idea to focus this month’s article on the subject of change. There’s a lot of change taking place in our industry. Tenant rights are being strengthened,…

Read More

NYSAR Urges Realtors Take Action Against DOS Guidance Barring Certain Commissions

February 2020

ALBANY—The New York real estate industry, particularly downstate, is reeling from guidance recently released by the Department of State that now among other changes regarding regulations on landlords and agents, prohibits a landlord’s agent from collecting a broker/fee commission from a tenant in residential rental transactions. The guidance, part of a sweeping update released by…

Read More

LEGAL CORNER: 2020 Vision: A Clear Focus on Fair Housing and Professionalism

January 2020

In December, this column focused on the extensive multi-year investigation conducted by Newsday (see https://bit.ly/357OA3L) and the widespread fair housing violations and discrimination taking place on Long Island. The Newsday investigation opened the eyes of the real estate industry to the discrimination that is still taking place many decades after the enactment of the original…

Read More

NY State Real Estate Board Approves New Fair Housing Disclosure Rules

December 2019

ALBANY—In response to recent published reports of alleged fair housing discrimination on Long Island, the Real Estate Board of New York on Dec. 16 approved new regulations for real estate professionals to help combat housing discrimination. The new regulations, which the New York State Real Estate Board approved today, mandate enhanced disclosures by real estate…

Read More

BARRISTER'S BRIEFING: Virtual Staging or Virtual Misrepresentation?

December 2019

As technology continues to develop, the fine line of what is permissible and impermissible continually gets rubbed away. Most recently, the issue of staging has jumped to the forefront and perhaps it’s beneficial that we address it as it relates to virtual reality. Traditional Staging Standard staging has been popular for decades. With the desire…

Read More

BARRISTER'S BRIEFING: ‘The Times They are a Changin’

November 2019

As we all know, time waits for no one and as the clock continues to tick, the lives we lead are subject to change. This includes everyone who holds a real estate license. As time marches on, we all have to adjust, change and grow. Change in NAR Code of Ethics Training Requirement On Nov.…

Read More

HUD, Justice Department Agree to Ease Use of False Claims Act

October 2019

WASHINGTON—U.S. Housing and Urban Development Secretary Ben Carson and U.S. Attorney General William Barr issued a Memorandum of Understanding on Oct. 28 between the two agencies that sets what the two agencies say is “prudential guidance on the appropriate use of the False Claims Act for violations by Federal Housing Administration lenders. “This agreement clearly…

Read More

LEGAL CORNER: I Told You I Wanted a View of the City!

October 2019

In a recent decision, Widlitz v. Douglas Elliman, LLC, (see https://bit.ly/2AZ2BTH), the plaintiff commenced an action against her real estate broker and attorney based on a variety of claims, such as breach of fiduciary duty, negligent misrepresentation and fraudulent misrepresentation, because the newly constructed condominium unit she was in contract to purchase did not have…

Read More

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…

Read More