ROUNDTABLE RECAP

Watch the Real Estate Roundtable from July 18, 2024

Click the video watch a recording of the Real Estate Roundtable that took place on July 18th. During this roundtable, Jaime Michelle Cain provided on update on the actions municipalities have taken towards opting into New York State’s Good Cause Eviction law. We discuss details of the measures taken and how to prepare for the future actions of municipalities throughout Upstate New York. Jaime Michelle Cain was also joined by her colleague, Anthony Faraco, Jr., to discuss the latest developments in Landlord-Tenant Litigation matters. The litigation issues that were addressed during the roundtable, included:

  1. Towns/Villages Banning Airbnb & Other Short Term Rentals;
  2. Municipal Rental Registrations;
  3. Manufactured Home Parks Rent Increases; and
  4. Good Cause Eviction Litigation.

ROUNDTABLE RESOURCES

Text of Municipalities’ Good Cause Eviction Laws

Jaime Michelle Cain is closely monitoring when municipalities opt-in to New York State’s Good Cause Eviction law. The specifics of the laws passed, and those that will be impacted, may differ from town to town. As municipalities opt-in, we will keep our Real Estate Roundtable audience up to date with a review of the measures going into place, analysis of how property owners should plan going forward, and the text of the actual laws passed. Click on the name of any of the following municipalities to read the text of the Good Cause Eviction law that they have put in place for their jurisdiction.

ROUNDTABLE REGISTRATION

RSVP to Attend the Real Estate Roundtable on July 18, 2024

Our next in-person Real Estate Roundtable will take place on Thursday, July 18th at 9:00 AM at The Buffalo Club. Read the following for a rundown of the topics that will be covered and click here if you would like to attend the July 18th Real Estate Roundtable event, which is free of charge.

Jaime Michelle Cain will be joined by her colleague, Anthony Faraco, Jr. They will discuss the latest developments in Landlord-Tenant Litigation, including the following:

Landlord-Tenant Litigation Topics

  • Towns/Villages Banning Airbnb & Other Short Term Rentals
  • Municipal Rental Registrations
  • Manufactured Home Parks Rent Increases
  • Good Cause Eviction Litigation

Good Cause Evictions Update

Albany has recently opted in to New York State’s Good Cause Eviction law. Jaime Michelle Cain will review the measures going into place, who is impacted by these latest Good Cause Eviction measures, and what property owners should plan for going forward throughout Upstate New York.

Click here to RSVP for the July 18th Real Estate Roundtable

ROUNDTABLE RECAP

Watch the Real Estate Roundtable from June 12, 2024

Click the video watch a recording of the Real Estate Roundtable that took place on June 12th. During this roundtable, Jaime Michelle Cain was joined by guest speakers Daniel Kennel and Christopher Humphrey of Community Bank. Dan and Chris discussed Market Trends on matters including:

  • Commercial Business Banking
  • Industrial and Commercial Deals
  • Real Estate Lending
  • Multifamily Properties

During this roundtable, Jaime Michelle Cain also discuss the latest best practices regarding the Application Process, including: Screening Tenants; Use of Resident Selection Criteria; Application Process Policies; and Denying Tenants.

ROUNDTABLE RECAP

Watch the Real Estate Roundtable from May 7, 2024

Click the video watch a recording of the Real Estate Roundtable that took place on May 7th. During this roundtable, Jaime Michelle Cain provided attendees with an understanding of New York State’s new Good Cause Eviction statute and how it affects areas outside of New York City. The topics that were reviewed at this roundtable, regarding the Good Cause Eviction statute, included:

  • Key changes and the impacts to your policies & procedures. Charts were provided to make these changes much easier to follow.
  • Lease changes that are needed.
  • Form changes to your documents, including required language and new RPL 231-c. We will review how to incorporate this into your process and examples will be shared.
  • Answers to all of the audiences’ questions on Good Cause Eviction.

ROUNDTABLE RECAP

Watch the Real Estate Roundtable from April 23, 2024

On Monday, April 15th, it was announced that New York State Governor Kathy Hochul reached an agreement with state legislators on a package of new housing laws. On Tuesday, April 23rd, Jaime Michelle Cain held a special Real Estate Roundtable virtual event to address this new legislation and the status of Good Cause Evictions. Click the video watch a recording of the virtual Real Estate Roundtable that took place on April 23rd, which provided answers to the latest questions regarding New York State’s new housing laws, including:

  • What is actually included in New York State’s new housing laws?
  • How will the new housing laws impact existing and future leases?
  • What are judges saying about the impact of the new housing laws on court proceedings?
  • What should property owners and managers prepare for the new laws?
  • When do the new laws go into effect and will they apply to all municipalities within New York State?

ROUNDTABLE RESOURCES

Corporate Transparency Act Guides

During the April 17th Real Estate Roundtable, attorney Alexander DiDonato distributed and discussed guides that pertain to new federal and state transparency laws, which business owners must comply with.

As of January 1, 2024, businesses must comply with new federal regulations under the Corporate Transparency Act (CTA).  The primary obligation placed on businesses who must comply with the CTA, is the filing of a Beneficial Owner Information (BOI) report with Financial Crimes Enforcement Network (FinCEN). In the alert linked below, we review the essential elements of the regulations and guidance issued by FinCEN, including:

  • Does your business have to comply with the CTA?
  • What steps does your business need to take to comply with the CTA?
  • How does your business file a Beneficial Owner Information (BOI) report?
  • How do you ensure your business is in compliance with the CTA?

Effective January 1, 2026, business in New York State will have to comply with New York LLC Transparency Act (NYLTA). Below is a link to a guide that addresses the NYLTA’s reporting requirements as well as who must comply with the law.

ROUNDTABLE RECAP

Watch the Real Estate Roundtable from April 17, 2024

Click the video watch a recording of the Real Estate Roundtable that took place on April 17th. This roundtable took place during national Fair Housing Month. Fifty-six years after the passage of the Federal Fair Housing Act, discrimination in housing continues to be a major issue. As laws frequently change, it is critical to implement annual training to ensure you remain compliant with Fair Housing regulations. Jaime Michelle Cain gave a FHA presentation, which included 10 Ways to Prevent Fair Housing Act Violations.

The Corporate Transparency Act (CTA) went into effect on January 1, 2024. The law places a federal reporting obligation on most businesses for “Beneficial Owner” information. During this roundtable, Jaime Michelle Cain’s colleague, Alexander DiDonato, reviewed: what the CTA is; if your business is required to comply; and your business’ reporting requirements.

ROUNDTABLE RECAP

Watch the Real Estate Roundtable from May 4, 2023

Click the video watch a recording of the virtual Real Estate Roundtable that took place on May 4th. During this roundtable, Jaime Michell Cain addressed the following: 1) New Amendment To New York State Tenant Dignity and Safe Housing Act; 2) HUD Seeking Input On Changes To Section 504; and 3) New York State Budget Updates and Analysis.

New Amendment To New York State Tenant Dignity and Safe Housing Act

New York State’s Tenant Dignity and Safe Housing Act was signed into law at the end of 2022. The law allows tenants to sue property owners in the event the property violates housing standards and codes. In March 2023, an amendment was passed to the law. We discussed the ramifications of the Tenant Dignity and Safe Housing Act and review how the law has been recently amended.

HUD Seeking Input On Changes To Section 504

The U.S. Department of Housing and Urban Development has published an update in the Federal Register and Advance Notice of Proposed Rulemaking. Specifically, HUD has provided notice that it intends to make changes to Section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination against individuals with disabilities in any program or activity that receives federal funds from HUD. We reviewed how to provide feedback to HUD and what potential changes to Section 504 will mean for property owners.

New York State Budget Updates and Analysis

What has been included and excluded from New York State’s new budget as of May 2023? How will evictions and other aspects of property management be impacted? We reviewed the latest information available on New York State’s budget.

ROUNDTABLE RECAP

Watch the Real Estate Roundtable from April 6, 2023

Click the video watch a recording of the virtual Real Estate Roundtable that took place on April 6th. During this roundtable, Jaime Michelle Cain reviews a bill that was signed into law in December 2022, by New York State Governor Kathy Hochul, which amends the state’s Real Property Law. Specifically, the bill creates Section 231-b of the Real Property Law, which will require all residential leases to provide notice of the flood risk and flood history of a leased premise, as well as a notice to tenants of flood insurance available to renters. The new law, which goes into effect on June 21, 2023, requires all residential leases to provide notice on several specific flood-related categories of information. Jaime Michelle Cain prepared an addendum of use to bring clarity to the new law, which was reviewed at the April 6th Real Estate Roundtable. In addition, we discussed the NRDC’s role in the creation of this law, how you can ensure your leases are in compliance with the new law, and additional information on landlords’ responsibilities related to flood risks.

ROUNDTABLE RECAP

Watch the Real Estate Roundtable from March 22, 2023

Click the video watch a recording of the virtual Real Estate Roundtable that took place on March 22nd. During this roundtable, Jaime Michelle Cain discussed the new “Good Cause Eviction” legislation that was under consideration in the New York State legislature. To combat this legislation and protect the rights of property owners, a new advocacy group was formed, the WNY Council for Housing Equity (WNYCHE). During this roundtable, participants were introduced to the WNY Council for Housing Equity’s Board of Directors, discussed actions the group is planning, and reviewed steps all property owners can take to help prevent “Good Cause Eviction” laws from being enacted in Western New York.

ROUNDTABLE RECAP

Watch the Real Estate Roundtable from February 27, 2023

Click the video watch a recording of the virtual Real Estate Roundtable that took place on February 27th. During this roundtable, Jaime Michelle Cain will address: 1) Federal Renters Bill of Rights ; 2) New York State Winter Eviction Moratorium; and 3) Buffalo Zip-Code-Specific Eviction Moratorium

Federal Renters Bill of Rights

The Biden Administration recently released a document entitled “The White House Blueprint for a Renters Bill of Rights.” The document outlines five principles and actions being taken by various federal agencies related to these principles. The five principals are: 1) Access to Safe, Quality, Accessible, and Affordable Housing; 2) Clear and Fair Leases; 3) Education, Enforcement and Enhancement of Rights; 4) The Right to Organize; and 5) Eviction Prevention, Diversion, and Relief. We discussed the potential ramifications of this document as well as the “Challenge” the document issues to local and state governments as well as private entities for Spring 2023.

New York State Winter Eviction Moratorium

A new bill has been introduced in the New York State Assembly, which aims to prohibit the eviction of tenants from residential properties during winter months. Specifically, the “Winter Moratorium on Evictions Act of 2023” would ban the execution of eviction warrants from November 1st to April 15th each year. The proposed legislation also calls for a significant fine for landlords that attempt to evict tenants during this period of time. We discussed the specifics of the bill and what landlords can do to help prevent the Winter Moratorium on Evictions Act from being signed into law.

Buffalo Zip-Code-Specific Eviction Moratorium

At the February 21st Buffalo Common Council Meeting, Councilmember Rasheed Wyatt introduced a resolution, which asks New York State to reinstitute an eviction moratorium for specific zip codes within the City of Buffalo. We discussed the specifics of the resolution, the potential for the state to grant the request, the legality of the resolution, and landlords options to fight the request in this resolution.

ROUNDTABLE RECAP

Watch the Real Estate Roundtable from January 24, 2023

Click the video watch a recording of the virtual Real Estate Roundtable that took place on January 24th. During this roundtable, Jaime Michelle Cain will discuss New York State’s application portal for the state’s Emergency Rental Assistance Program (ERAP), which closed on Friday, January 20th.

With the ERAP application portal closed; what’s next for landlords? We addressed a number of issues at the January 24th Real Estate Roundtable, including:

  • What immediate steps should property owners take now that ERAP’s application portal is closed?
  • Can eviction proceedings now move forward as they did pre-pandemic?
  • Are previous ERAP applicants, who are not currently paying rent, protected from eviction?
  • Will landlords ever see payment from ERAP applications that are currently pending?
  • Will there be any new programs introduced that provide eviction protection as ERAP did?