On April 10, 2019, the Appellate Division for the Second Judicial Department issued a decision in Comora v. Franklin (see https://bit.ly/2H90yk4) holding that the defendants in the case, the seller and seller’s agent, had no duty to disclose to the buyer, based on the doctrine of “Caveat Emptor” (i.e., “Buyer Beware”), the existence of humidity…
Read MoreThe 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…
Read MoreWHITE 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…
Read MoreIt is the middle of the tax season and it important to highlight some of the major provisions of the Tax Cuts and Jobs Act (“TCJA”) (see http://bit.ly/2jZX47p) passed in December, 2017, affecting the real estate industry. The TCJA includes many new provisions, and retained some previous provisions, with both positive and negative effects on…
Read MoreALBANY—New York State Comptroller Thomas DiNapoli released a report earlier this month that showed foreclosures in New York State are on the decline and court filings are in nearly 50% below near peak levels posted six years ago. Mortgage foreclosure filings across New York dropped 46% between 2013 and 2018, from 46,696 to 25,334, according…
Read MoreOn 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)…
Read MoreWASHINGTON—As the battle for funding for President Donald Trump’s southern border wall continues with the possibility of another federal government shutdown or the declaration of a national emergency to free up funding, U.S. Rep. Sean Patrick Maloney (D-NY-18) warns that federal funding for projects at West Point could possibly be walled off. Rep. Maloney says…
Read MoreThe 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…
Read MoreVirtually 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…
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