Since the passage of the Statewide Housing Security and Tenant Protection Act of 2019 (the “2019 Act” or “Act”) [see https://bit.ly/2xA6lth] on June 14, 2019, the Hudson Gateway Association of Realtors, Inc. has been receiving many inquiries regarding the act. Among some of the commonly asked questions relate to: (1) whether the 2019 Act applies…
Read More“Show me the Money!” That is one of the most memorable sports movie quotes in history. I challenge anyone to say that they never heard it or that they haven’t said it themselves. Realtors should say, “Show me the commission!” The problem is, sometimes they’re entitled to it, other times they’re not. So, here’s a…
Read MoreOn June 14, 2019, Gov. Andrew Cuomo signed into law the controversial Statewide Housing Security and Tenant Protection Act of 2019 [see https://bit.ly/2xA6lth]. The act went into effect immediately and it significantly modifies and expands the existing rent regulations. The act changes both the legal and business landscape in the New York real estate market…
Read MoreDid you know that you can be fined/sued for photos that appear on your webpage that you never personally posted? Well, you can, but you can also protect yourself… and you should! Photograph Copyright A copyright is a legal device that gives the author of a creative work the sole right to publish and sell…
Read MoreOn March 4, 2019, the Second Circuit Court of Appeals in New York in Francis v. Kings Park Manor, Inc. (see https://bit.ly/2Kd38bo) found that a landlord can be held liable under the Federal Fair Housing Act (see https://bit.ly/2WBzEdH) and the New York State Human Rights Law (see https://dhr.ny.gov/law) for failing to protect a tenant from…
Read MoreAs agents it’s common for us to make and/or receive offers on properties, at least we hope that it’s common. Because it’s common, we often forget the rules surrounding the making and receiving of offers. It’s important to keep these rules in mind so you don’t run afoul of the HGMLS Rules and Regulations or…
Read MoreOn April 12, 2019, the “Lawful Source of Income Non-Discrimination Act of 2019” was signed into law by Gov. Andrew Cuomo. Most of you in Westchester Count might be saying to yourself, “Wait, wasn’t source of income already a protected class?” The answer to that is, “yes.” Back in 2013, the Westchester County’s Board of…
Read MoreOn 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…
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