A 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…
Read MoreWASHINGTON—The National Association of Realtors has commended US Rep. Mike Coffman for his introduction of the 21st Century Internet Act. Rep. Coffman’s bill comes in response to the Federal Communications Commission’s 2017 decision to dismantle net neutrality regulations, with the legislation ensuring that Internet Service Providers, or ISPs, cannot block or throttle online content or…
Read MoreThe Women’s Council of Realtors Empire Local Westchester hosted a panel discussion on July 9th entitled “Deal Breakers.” It was a privilege to be part of the panel and to listen to the panelists’ invaluable insight into the many issues need to be carefully understood in connection with a real estate transaction. This article highlights…
Read MoreWhile the vast majority of landlords are law-abiding, some continue to flout the law when it comes to renting out apartments that are not legally suitable for occupancy. These illegal apartments are typically, but not always, found in single- or dual-family homes. Undocumented immigrants are frequently preyed upon by this practice. This article is about…
Read MoreIt is with a heavy heart and immense sadness that I author this month’s article in the “Legal Corner.” On June 5, 2018, our world, the real estate industry and the legal profession lost one of its most influential and outstanding members, Edward I. Sumber, Esq. While the column is usually the subject of legal…
Read MoreThe National Flood Insurance Program expires on July 31st of this year. Congressional action is needed. We thank the House for passing H.R. 2874, the 21st Century Flood Reform Act that would comprehensively reform and reauthorize the National Flood Insurance Program for five years. We urge the Senate to take up H.R. 2874 to avoid…
Read MoreALBANY—New York Gov. Andrew Cuomo announced on Monday that New York will be joining a lawsuit against the federal government’s alleged failure to enforce the Fair Housing Act. The lawsuit seeks to force the U.S. Department of Housing and Urban Development to enforce a rule requiring local and state governments to address segregated housing patterns…
Read MoreThe New York Department of State Regulation Section 175.25 (a)(2) defines a real estate team in this way: “ 'Team’ means two or more persons, one of whom must be an associate real estate broker or real estate salesperson, associated with the same real estate brokerage who holds themselves out or operate as a team.”…
Read MorePosting on social media platforms, such as Facebook, Instagram or Twitter, has become commonplace for real estate professionals. Every day agents post new listings, photos, open houses and much more on their social media sites, and may not even realize they are engaging in advertising. It is important to be aware that any advertisement, in…
Read MoreSome New York State real estate brokers also happen to be attorneys-at-law. These members should refrain from performing both roles simultaneously for a real estate client. A 2017 decision from the New York State Bar Association’s Committee on Professional Ethics reaffirmed the traditional prohibition on this practice. Opinion 1117 issued last April states that a…
Read MoreOn March 27, 2018, the National Fair Housing Alliance, the Fair Housing Justice Center Inc., Housing Opportunities Project for Excellence, Inc. and the Fair Housing Council of Greater San Antonio filed a lawsuit against Facebook, Inc. in the United States District Court, Southern District of New York (see https://bit.ly/2HprYkb), alleging that Facebook’s advertising platform violates…
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