Legal/Advocacy

BARRISTER'S BRIEFING: Get the Proof: Ensuring Your Offer is Presented

April 12, 2021

People are out and ready to buy. Offers are coming in by the boatload. Highest and best is the order of the day. Today, the market is hot and, as a result, I am getting calls and e-mails about the presentation of offers. Sometimes concern arises after a cooperating agent learns that the listing broker…

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LEGISLATIVE AFFAIRS: April Legislative Update

April 6, 2021

As the year goes flying by a great deal has been happening at the state and federal level. At the federal level, the PPP deadline has been extended by Congress. This will help assist many businesses who are in line more time to apply for and receive much needed funds to stay afloat. The American…

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LEGAL CORNER: Antitrust Issues are Back in the Spotlight

March 12, 2021

The following occurrences all highlight the importance of real estate licensees having a working knowledge of antitrust laws and dangers associated with any violation of antitrust laws: the recent antitrust lawsuits in the real estate industry, the focus on large technology and social media companies by Congressional leaders, the Department of Justice antitrust lawsuit and…

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Senate Majority Advances Housing Discrimination Legislative Package

February 8, 2021

ALBANY—The leadership of the State Senate Democratic Majority announced on Feb. 8 it will advance major legislation to continue addressing housing discrimination across New York State. The legislative package was created following two public hearings on housing discrimination that included 25 subpoenas. The package of bills is also in response to legislative suggestions outlined in…

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LEGISLATIVE AFFAIRS: February Legislative Update

February 8, 2021

At the state level, in New York many issues are ongoing regarding Fair Housing. An anticipated Fair Housing report has been released by the State Senate that details cases of discrimination on Long Island by real estate agents. In many cases minority home seekers were steered toward one neighborhood while white home seekers were steered…

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LEGAL CORNER: The New COVID-19 Relief Package: Highlights of the Second Round

January 13, 2021

On Dec. 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 [see https://bit.ly/3qb3WOP] which passed overwhelmingly by both the House and Senate. The Appropriations Act is the largest bill (over 5,000 pages) ever passed by Congress. It includes $900 billion in pandemic relief funds to assist businesses and provide important funding and…

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LEGAL CORNER: During the COVID-19 Pandemic: New York Enacts Paid Sick Leave Program Effective Jan. 1, 2021

December 11, 2020

On April 3, 2020, during the height of the COVID-19 Pandemic, Gov. Andrew Cuomo “enacted the strongest Paid Sick Leave program in the nation” by passing Section 196-b of the New York State Labor Law (“Section 196-b”) [see https://bit.ly/39Xk9T6]. Proposed regulations have also been issued [see https://on.ny.gov/37TW4d2] (“Regulations”). Section 196-b, and its accompanying regulations, will…

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BARRISTER'S BRIEFING: Offers: Trying to Make Sense of it All

December 8, 2020

Before we begin, it is important to understand that only NAR is authorized to interpret the Code of Ethics, its applications, and its proper enforcement to Member Boards and Board Members. Professional Standard hearing panels rely on these interpretations, as well as NAR’s case interpretations in forming their decisions. No other body, state association, local…

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LEGAL CORNER: What Documents Are Brokers and Agents Required to Maintain?

November 16, 2020

It is not uncommon for real estate brokers and agents to make requests, and many times demands, at the closing table for certain documents, such as the lender’s Closing Disclosure, the Contract of Sale, and other documents. Brokers and agents claim that the law requires that these documents be provided because they are mandated under…

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Election Day is Here!

November 2, 2020

2020 has been a roller coaster of a year. It started out with a booming economy, a robust real estate market and an optimistic outlook for the year. That all quickly changed two months later when the economy virtually came to a halt due to the pandemic. Election Day is now here. As I write,…

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

October 14, 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 13, 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 5, 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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