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Articles by Andrew M. Lieb
Roadmap for an Arbitration Default Award
Road ahead Arbitration is commenced, pursuant to CPLR §7503(c), by Notice of Intention to Arbitrate (a/k/a, Demand for Arbitration).
Evaluating Independent Contractor Claims: It’s More Than a Simple Collections Matter
With New Yorkers increasingly establishing Florida residency, understanding the nuances of Florida’s prenup laws, including what can and can’t be waived, how jurisdiction works, and how to ensure enforceability, is critical. Florida-based attorney Jodi Colton highlights five key considerations for attorneys with clients who split their time between New York and Florida, a group that’s grown significantly since the pandemic.
AI Discrimination and the 10-Step Bias Elimination Audit
Artificial Intelligence (767x633, AR: 1.21) Artificial Intelligence (AI) is changing the world at such a rapid pace, causing tech companies to often operate under the philosophy that it is better to ask for forgiveness rather than permission. Yet, this philosophy must be re-evaluated when it comes to AI discrimination exposure because new laws are swiftly being enacted that put the brakes on product launch until the conclusion of Bias Elimination Audits (“BEAs”).
What's Ahead for Real Estate?
The red-hot pandemic-era US housing market is showing clear signs of cooling. Home prices were not yet declining as of mid-year—the median existing-home sales price reached a record $416,000 in June—but those high prices and rapidly rising mortgage rates were forcing many would-be buyers to the sidelines…and bidding wars and over-asking-price offers had become less common. Is the housing market returning to normal?
Landlord Liability for Tenant-on-Tenant Discrimination: Split in the Federal Circuits
iStock The U.S. Court of Appeals for the Second Circuit, in an en banc decision, split from the Seventh Circuit in holding that a landlord “cannot be presumed to have the degree of control over tenants that would be necessary to impose liability under the FHA for tenant-on-tenant misconduct.” In rendering its decision, the Second Circuit took great pains to differentiate its instant case, Francis v.
Lieb: The pitfalls of a guaranty on your next commercial lease
Get our free LIBN e-alerts & breaking news notifications! 11 Commercial St. Hicksville, part of the 14-building portfolio. By: Opinion, Andrew M. Lieb March 3, 2021 Print, Digital & Mobile Special Intro Rate $9.95 ---------- 1 Year $139 ---------- Digital & Mobile Only 1 Year $99 Email Address: Password: Enter your user name and password in the fields above to gain access to the subscriber content on this site. Your subscription includes one set of login credentials for your exclusive use.
Legally Speaking: Rentals, Rights, Reality...What's a Landlord to Do?
Photo: iStock As a summer like we have never seen before heads toward its final weeks, we are seeing increasing numbers of people deciding to remain in East End homes that they otherwise would have rented only for the "high season"--a term that is being redefined as we speak. Many are welcome to stay by their landlords, but not all. Indeed, such a situation sits at the heart of one of the great real-estate-based questions that has arisen during these times.
Legally Speaking: Legal Issues Folks are Facing in Buying/Selling/Renting this Summer
Photo: 123rf Everyone is in the Hamptons this summer. Tenants fled here in March. They are staying even after they were supposed to go back to the city at the end of their lease terms. Unfortunately, tenants have unilaterally elected to illegally holdover in their former rentals because it's not just more beautiful here, it's safer. This has caused major problems for buyers, sellers, and legitimate tenants alike. Landlords have tried to stop these holdovers to no avail.
Legally Speaking: 5 Real Estate Laws to Know in These Times
Photo: Oksana Mironova/123rf In the era of Coronavirus (COVID-19), we are living through both a health and a financial pandemic the likes of which we have never experienced before. Every aspect of everyone's lives has or will be impacted, including our real estate. Here are five real estate laws that you need to know to get through COVID-19 without being wiped out by this financial pandemic. Remote (Mail Away) Closings: The President has recommended gatherings to be limited to 10 people.
Real Estate & Law: A Look Back at 2019 and a Look Ahead
Photo: iStock Over the course of 2019, there were so many pieces of newly enacted substantive laws that control the sales, rentals and litigation landscape of real estate. If we recapped each of these new 2019 laws, this article would likely span well over 50 pages. Yet, it is imperative that we all learn about these laws, because law is what controls our lives, livelihood and society.
Legally Speaking: LLC Anonymity in Real Estate Transactions Is No More
On September 13, 2019, limited liability companies (LLCs) lost the ability to offer anonymity of their owners in residential real estate deals throughout the State of New York. Now, real property transfer tax returns, relating to residential property, sold or purchased by a limited liability company, must offer transparency by including ownership information about any LLC transacting in the deal. Residential property refers to one-to-four-family dwelling units.
Legally Speaking: Your Guide to Buying a Flip at the Right Time
You want to make a deal on a house, turn it around and turn a profit. You know you need to get a loan to make it happen. Wait. Did you know that if a buyer’s contract of sale is dated within 90 days of the seller’s deed, the buyer may not be able to get a mortgage commitment? Underwriters at mortgage lenders have policies against issuing loans when the dates between the prior deed and the current contract of sale are too close in time.
Legally Speaking: How to Know if Your Lawyer Is Terrible
Just because someone passed the bar exam and is licensed by the state doesn’t mean that person is good at their job. Here are five ways to know if your lawyer is simply terrible, which you can tell even if you aren’t a lawyer with the know-how to evaluate legal work. They Can’t Explain the Why So many attorneys are on autopilot. These attorneys rely on how they were taught to do a task and they have no idea why they are doing it that way. They only know how to regurgitate the process.
Legally Speaking: The End of Prepaid Seasonal Rentals Revisited
One month ago, the Legally Speaking column “The End of Prepaid Seasonal Rentals” hit, and real estate brokers have been reaching out ever since. The article explained that the Housing Stability and Tenant Protection Act of 2019 prohibits prepaid seasonal rentals and requires that tenants be billed monthly for rent. After reading the headline, brokers instantly jumped on it. They questioned the veracity of the story, the applicability of the law and everything in between.
Legally Speaking: Don’t Check Your Prospective Tenant’s Eviction History
A new residential rental law exposes landlords to suit for checking their prospective tenant’s eviction history.
Legally Speaking: The End of Prepaid Seasonal Rentals
Landlords in the Hamptons have traditionally demanded prepaid rent from tenants on seasonal rentals. If you rented your property for a three-month term, say from July to October, on lease signing, you’d traditionally demand that the tenant provide you with a check for the entire period’s rental fees together with an executed lease or you’d refuse to rent your property to that tenant for that period.
Listing to Closing: Steps in a Real Estate Transaction
Buying and selling real estate is both fun and frustrating. The process seems simple but takes forever. The terminology sounds familiar but is misunderstood. All too often buyers and sellers feel hoodwinked by a shyster, but that is far from what is occurring. The truth is that real estate closings are really complicated and that is why the State of New York makes it a felony for anyone other than an attorney to prepare an instrument affecting real estate for direct or indirect compensation.
Five Secrets to Saving Money on Real Estate Transactions
Even the most affluent buyers and sellers want to save money on their real estate transactions beyond negotiating the sales price. Many find themselves shopping mortgage brokers for best rates, trying to negotiate commissions out of real estate brokers, or finding the attorney who charges the least. There are many other ways that real savings in real estate transactions are realized beyond squeezing your service providers and commoditizing their services.
Anatomy of a Real Estate Lawsuit with Andrew M. Lieb
A lawsuit is not what you see on TV. On TV, a lawsuit is won by an attorney marching into court with a grand display of showmanship and a cunning tongue. The TV judge hearing the case makes a spot decision and it’s all over and decided before the final commercial break. In reality, a civil litigation takes years and is much more of a chess match than a swordfight.
There's Much to Consider When Opening a Restaurant
There are a ton of steps that you need to go through before your grand opening. You need to buy or rent space, make permit / zoning applications, renovate the space, enter into a ton of contracts, establishing an entity, creating banking relationships, enlist a credit card processor, hire staff, train that staff, establish vendor relationships, hire a chef, create a menu, establish an online presence, market, market and then do some more marketing.
Lights, Cabinets, Legal Action? Incredible Interior Designers Require Licensing
In New York State, not just anyone can work as an interior designer.
Lieb at Law: Great Architects Are Land Use Experts
Architecture, which is the art of designing and building structures, is limited only by the bounds of an architect’s imagination. That is not true. While limiting structures to imagination sounds good in theory, in practice, a homeowner will reach the bounds of a property’s as of right land use way before they understand the bounds of their architect’s imagination.
Luxury Has Rules: Landscaper Licensing and Payment Info East Enders Must Know
Not every business can landscape the luxurious real estate on the East End. It takes a test, some fees, and possibly multiple hours of continuing education to be permitted to manicure our yards, install our swimming pools and nestle our homes within shrubs and trees. We are serious about our landscapes on the East End.
Lieb at Law: Rules for Building on Tidal Wetlands
You have your property, and now you’re thinking about what more you can build. If you’re near tidal wetlands, there is much to consider. Docks (floating and solid fill), bulkheads, boardwalks / catwalks, dredging and even plantings cannot generally be installed within tidal wetlands absent extraordinary efforts by the property owner in obtaining governmental permits.
Lieb at Law: The True Cost of Moving On Up in the Hamptons
Your first Southampton home cost you $1,000,000 and now you want to move to a $1,500,000 East Hampton house. What are your total transaction costs for completing these two buys and a sell? For this exercise, we will assume that you put 20% down at all times, paid closing costs (approximately, as set forth below) out of pocket, and sold and bought at the same price.
Lieb at Law: Outdoor Living Next Door to a Noisy Hamptons Neighbor
You rented your Hamptons’ summer home for serenity, but your neighbor apparently rented his to throw parties. Your idea of perfection is outdoor lunch with some nice background music and perhaps a nap on the hammock or reading a book. Your neighbor clearly likes drinking with a DJ and loud dance parties. You are just incompatible and this isn’t going to work. What should you do? The starting place is to know your rights – you have a right to quiet and your neighbor doesn’t have a right to party.
Lieb at Law: Top 10 Lease Decisions for Landlords and Tenants
As the rental season starts on the East End, there are many details that need to be addressed and defined before the lease is finalized. Landlords, if you are thinking about commoditizing legal services and just using a form lease, you may want to rethink this decision after you take a look at the list below that identifies items to consider before finalizing your lease.
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