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…
Read MoreWHITE PLAINS—Westchester County Executive George Latimer said at a press conference on Monday the county is hopeful Con Edison will delay the implementation of its moratorium on new gas connections for most sections of the county that is set to begin on March 15. Fearing the potential dramatic impacts the moratorium could have on the…
Read MoreOn 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…
Read MoreThe housing choice voucher program (a.k.a. “Section 8”) is the federal government's major program for assisting very low-income families, the elderly, and the disabled to afford decent, safe and sanitary housing in the private market. Since housing assistance is provided on behalf of the family or individual, participants are able to find their own housing,…
Read More2018 was a year of great accomplishments for HGAR Government Affairs. Led by HGAR President Barry Kramer’s leadership we secured a long sought-after Westchester County co-op transparency bill that was passed and signed into law earlier this month. The law provides timelines that a Co-Op Board must notify the Westchester County Human Rights Commission of…
Read MoreDuring the holiday season, it is important for individuals and companies alike to be aware of the extensive array of cyberthreats that exist. A presentation on cybersecurity threats and related issues was made in Boston at this year’s National Association of Realtors’ Legal Conference held on Nov. 1. The panel provided invaluable insight on the…
Read MoreAs we all know, new technologies are rapidly changing the way that real estate business is conducted. Remote online notarization is a tool that is modernizing the sales transaction and allowing for increased flexibility when it comes to closings. When implemented with appropriate safeguards to protect the privacy and security of consumers, online notarization results…
Read MoreThe Real Property Bureau of the New York Attorney General’s Office provides legal assistance to state agencies and authorities in connection with the acquisition and disposition of real property. The office investigates titles, clears liens, prepares deeds and various closing documents and facilitates the closing of title. In addition to purchases and dispositions, the bureau…
Read MoreAt the National Association of Realtors Legal Conference recently held in Boston one of the topics discussed included the increased use of “Pocket Listings” and “Coming Soon” listings on behalf of clients when listing properties for sale. These types of listings are utilized by Realtors and real estate licensees in certain instances and many times…
Read MoreWHITE PLAINS—The political landscape after the election on Nov. 6 changed dramatically both in Washington DC and Albany. In the nation’s capital, President Trump and the GOP retained control of the U.S. Senate and in fact Republicans picked up seats from the Democrats. At press time, the GOP had 51 seats to the Democrats’ 46…
Read MoreA Limited Denial of Participation is an action taken by a HUD Field Office or the Deputy Assistant Secretary for Single Family or Multifamily Housing that excludes a party from further participation in a HUD program area. The scope of the LDP is limited to the geographic area of the office that sent the notice…
Read MoreWe all love our pets. However, service animals, as that term is defined in our state law, are not pets and are afforded certain legal protections above and beyond what pets receive. This article concerns the definition of service animals, where they are allowed, and the interplay between local, state and federal laws concerning this…
Read MoreOn August 8, 2018, the Appellate Division, Second Department, affirmed the right of the plaintiff, Gluck & Co. Realtors, LLC [see Gluck & Co. Realtors, LLC v Burger King Corp.,164 AD3d 562 (2nd Dept, 2018), at https://bit.ly/2C1SdfE to receive a commission in connection with the lease of commercial space where the plaintiff introduced a tenant…
Read MoreOn April 12, 2018, Gov. Andrew Cuomo signed into law the New York State Budget Bill for Fiscal Year 2019 [see https://bit.ly/2MgdWC6] (the “2019 Budget Act”) which enacts several key legislative initiatives that address sexual harassment in the workplace (hereinafter referred to collectively as the “NYS Sexual Harassment Law”). It is critical for every employer…
Read MoreThe National Association of Realtors Code of Ethics and Arbitration Manual is the architecture by which Professional Standards enforcement is shaped at the local Association level. In the Code of Ethics itself are 17 Articles and various Standards of Practice. The Standards of Practice are applications of ethics principles to specific conduct in specific circumstances…
Read MoreThe co-op bill continues to be on the agenda of the Westchester County Legislature. Currently the bill contains a 10-day time period in which a board must notify an applicant that they received the application. It also contains a 45-day period from date of receipt to the time they must notify the applicant whether that…
Read MoreWASHINGTON—The U.S. Department of Housing and Urban Development announced on Friday it had filed a formal civil complaint against Facebook for violating the Fair Housing Act by allowing landlords and home sellers to use its advertising platform to engage in housing discrimination. HUD officials also reported on Friday that the U.S. Attorney for the Southern…
Read MoreSince Jan. 4, 2017, the New York Department of State amended 19 NYCRR §175.1, dealing with commingling client monies, to now read as follows: “A real estate broker shall not commingle the money or other property of his principal with his own and shall at all times maintain a separate, special bank account to be…
Read MoreThe loss of employment can be one of the most stressful events in a person’s life. Purchasing a home, while it is a very exciting time, can also be an extremely stressful event. If one loses his or her job, however, while in contract to purchase a home it can certainly be devastating. A purchaser…
Read MoreNEWBURGH—The City of Newburgh filed suit on Aug. 6 in the United States District Court for the Southern District of New York seeking to halt on-going contamination of the city’s water supply by cancer causing per- and polyfluoralkyl substances (PFAS) originating at Stewart Air National Guard Base and Stewart International Airport, now operating as New…
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