Legal/Advocacy

LEGAL CORNER: Broker’s Duty to Supervise: Changes in Light of the New Housing Discrimination Legislation

January 12, 2022

On Dec. 21, 2021, Gov. Kathy Hochul signed expansive new legislation contained in nine bills aimed to combat housing discrimination in New York State [see https://on.ny.gov/3FfcBXJ]. The legislation was passed as a direct result of Newsday’s investigative report entitled “Long Island Divided” [see https://bit.ly/3zKUQP0] and addresses many of the concerns and issues uncovered in the…

BARRISTER'S BRIEFING: Refresher on 2021 Regulatory Changes Impacting Real Estate

January 12, 2022

Happy New Year!! I hope this month’s article finds everyone well and reenergized for 2022. As we return to work in this new year, I thought I would use this article to provide a refresher of the latest-and-greatest of the changes that are impacting your real estate activities. Enjoy. State of Emergency Executive Order and…

LEGAL CORNER: Discrimination Cases from Newsday’s ‘LI Divided’ Finally Making Their Way Through the System

December 13, 2021

It has been over two years, Nov. 17, 2019, since Newsday published its comprehensive and devastating investigative report entitled “Long Island Divided” [see https://bit.ly/3yq9Elz]. The article sent shock waves through the entire real estate industry. Newsday’s article became the catalyst that launched a major movement, led by state and local governmental officials and agencies, such…

LEGISLATIVE AFFAIRS: December Legislative Update

December 8, 2021

The end of the legislative year in Washington D.C. is at hand and as of this writing Congress passed a landmark infrastructure bill that President Biden signed into law. This was indeed ground-breaking. The country has not had a multi-year infrastructure bill since President George W. Bush signed the bill into law in 2005. Billions…

BARRISTER'S BRIEFING: ‘Stand Up and Deliver’: Cooperation, Courtesy and The Code Of Ethics

December 1, 2021

(Editor’s Note: Part two of a two-part series) In the first part of my “Stand and Deliver” column for Real Estate In-Depth published in the November edition, I noted that with the holidays fast approaching, it seemed an appropriate time to give a refresher on the need for Realtors to cooperate, show courtesy and to…

LEGAL CORNER: Court Decisions Regarding ‘Time of the Essence,’ ‘Reasonable Time,’ Retaining the Down Payment in Transactions

November 12, 2021

In connection with every real estate transaction in New York, real estate attorneys and real estate agents discuss with their clients, whether they are sellers or buyers, what the “closing date” will be and how it is to be determined, often utilizing terms such as “on or about closing date,” “reasonable time” and “time of…

BARRISTER'S BRIEFING: ‘Stand Up and Deliver’—Cooperation, Courtesy and The Code of Ethics

November 12, 2021

(Editor’s Note: Part one of a two-part series) The holidays are quickly approaching and with it, the anticipation of holiday cheer, kindness, courtesy, and giving. While this is wonderful, as Realtors we should be embracing this attitude all year long. Sadly, whether due to the market, the business, political unrest, or some other factors, the…

LEGAL CORNER: Important Considerations with Mergers & Acquisitions of Real Estate Brokerage Firms

October 13, 2021

The real estate industry has certainly been through a lot during the COVID-19 pandemic. At the start of the pandemic, many real estate agents and brokerage firms faced the real concern that the entire real estate market was on the brink of collapse. The panic that had set in quickly subsided and, surprisingly, the real…

BARRISTER'S BRIEFING: Getting More Than One Month’s Rent in Advance: Seasonal Rental Amendment to the Housing Stability and Tenant Protection Act

October 12, 2021

Back in 2019, the New York legislature enacted a broad new law that provided sweeping housing reforms and protections for tenants relating to permanent residential housing. Among these rent regulations was one that caught many landlords and real estate agents by surprise and I am still asked, nearly two years later, to confirm or explain…

October Legislative Update: The Problems with ‘Good Cause’ Evictions and Eviction Moratoriums

October 5, 2021

The eviction moratorium has gone on for longer than it should have. While the pandemic is still with us, New York has been opening up. The virus is now likely to become “endemic” meaning that it is a condition we have to live with and adjust to. Legislation to provide rental aid has been passed,…

LEGAL CORNER: The Loss of Life Caused by Hurricane Ida and Its Impact on the New York Real Estate Market

September 16, 2021

On Sept. 1, 2021, our area was hit particularly hard from the remnants of Hurricane Ida. Record-setting levels of rain fell in just a few hours causing unprecedented flash flooding leaving horrific death and destruction in its wake. Our thoughts and prayers go out to all of those who lost their lives and to their…

BARRISTER'S BRIEFING: Staying in Your Lane: Do Not Overreach in Your Agent Duties

September 14, 2021

A Realtor must act in the best interests of his/her client (Code of Ethics, Article 1). A good agent will do everything in their power to get their client the best deal or consummate a transaction. However, sometimes, an agent will overreach in order to manipulate parties or negotiations. While good-intentioned, it may get the…

LEGISLATIVE AFFAIRS: September Legislative Update

September 7, 2021

Realtors won a victory at the federal level when the Supreme Court struck down a CDC eviction moratorium by a 6-3 margin reasoning that the CDC exceeded its authority to issue the moratorium absent Congressional legislation. Forty-two billion dollars in rental assistance was passed by Congress in March. To date, nationally, only $11 billion has…

LEGAL CORNER: A Heightened Focus on Inspections, Due Diligence After the Tragic Condominium Collapse in Florida

August 12, 2021

On June 24th, 2021, our nation witnessed one of the deadliest and most tragic building collapses in its history. It sadly claimed the lives of 98 unsuspecting and innocent residents. Our thoughts and prayers go out to the victims and their families. Since that sad day, information has continued to come to light in the…

LEGISLATIVE AFFAIRS: August Legislative Update

August 9, 2021

Eviction Moratorium Saga Continues, Cold Calling Ban, Co-Op Transparency Law in Effect The tenant eviction moratorium has gone back and forth. The U.S. Supreme Court ruled that it was unconstitutional, but also ruled that it could remain in place until it expired in July. Most recently, based on pressures from tenant advocacy groups, the administration…

BARRISTER'S BRIEFING: Realtors Prevail in the Fight for Others: New Westchester Co-op Transparency Amendment

August 9, 2021

Based in part on the strong advocacy of our association and its Realtor members, on Monday, June 28, 2021, the Westchester County Board of Legislators voted 15-2 to pass an amendment to strengthen the Westchester Co-Op Disclosure Law. It was signed into law by County Executive George Latimer that same day. The new law took…

LEGISLATIVE AFFAIRS: July Legislative Update

July 28, 2021

It is now the end of July, and the COVID rental assistance has not yet been processed by Gov. Andrew Cuomo. To date, New York is only one of two states that has not released its COVID rental funding assistance to tenants and landlords. This has exacerbated an already dire situation for those tenants unable…

LEGISLATIVE AFFAIRS: Now is the Time for the State to Act on Co-Op Reform

July 6, 2021

This past HGAR scored a big victory on Co-op transparency legislation and fair housing. The Westchester County Board of Legislators passed, and County Executive George Latimer signed a bill mandating co-ops provide a reason in writing to buyers if they are rejected by a co-op board from the purchase of a co-op. They also must…

Department of Justice Withdraws from Settlement with NAR; Promises ‘Broad’ Investigation of NAR’s Rules and Conduct

July 2, 2021

WASHINGTON—The U.S. Department of Justice announced on July 1 it was withdrawing from a settlement it had reached with the National Association of Realtors last November in order “to permit a broader investigation of NAR’s rules and conduct to proceed without restriction.” The U.S. Justice Department has also filed to voluntarily dismiss its complaint against…

Exclusive: Westchester County Executive Latimer Signs Bill into Law Requiring Co-Op Boards Disclose Reason for Applicant’s Denial

June 29, 2021

WHITE PLAINS—The Westchester County Board of Legislators in a 15-2 vote last night approved an amendment to the existing Co-Op Disclosure Law that now requires a cooperative Board of Directors to provide a reason for a denial of an applicant seeking to purchase a unit at their property. The measure went into effect immediately as…