Data shows that from 1996-2021, the Hudson Valley region lost a net total of 146,763 people to out migration, which calculates out to 5% of the Hudson Valley’s population.
Elected officials, seeking to appease vocal constituents, frequently uphold restrictive zoning laws that favor single-family residences over more diverse housing options.
In 2023, the Rockland County Office of Consumer Protection investigated 617 complaints and returned $66,000 to homeowners.
On Aug. 11, 2020, Gov. Andrew Cuomo signed Executive Law (Human Rights Law) §296(2-a) (d)(2) requiring landlords to provide tenants “the use of an animal as a reasonable accommodation to alleviate symptoms or effects of a disability.” It was effective immediately. This protection adds to those already required under federal law. Under this state law, if a tenant were to request a reasonable accommodation to a “no pets” policy, unless the disability is readily apparent, the landlord would be permitted to request a letter from a medical professional or “other professional” stating that the animal assists the person with the disability by alleviating symptoms or effects of the disability.
So, the immediate question is, “What has changed because of the new state law?” First, under the new state law, there is no definition of what is meant by the term “animal.” Under federal law, a service animal, by definition, can only be a dog; however other “assistance” animals other than dogs, certain common household animals, and even some barnyard animals are permissible. Therefore, the state’s broader interpretation, which could benefit the tenant, may permit certain animals that may not otherwise be allowed under federal law.
Second, the issue of who qualifies as an “other professional” is in question, as it too is undefined. Again, without further interpretation from New York State, this may be broadly interpreted; giving tenants broader ability to gain animal approval for a disability by someone other than a medical professional or someone intimate with the tenant’s condition.
While it is currently uncertain how these new laws will be applied, it is important to know that these new laws exist. We will continue to monitor the roll-out of these new laws and their applications over time. During this period, it is important to understand that while Realtors should make this new law known to their clients, they should not be advising landlords on these legal matters and what they should do. Landlords should always consult with their own attorney on these legal matters.
New State Fair Housing Disclosure Law
As we all recall, in November 2019, Newsday reported the results of an undercover investigation into housing discrimination on Long Island. That report found that real estate agents were knowingly and unknowingly engaged in discriminatory conduct. Since then, fair housing has remained not only on the minds of HGAR and its members, but it has also remained on the minds of our state representatives. Gov. Cuomo recently signed legislation explicitly granting the Department of State the authority to discipline real estate professionals found to have violated provisions of the state Human Rights Law by revoking or suspending their license. The bill further reinforces the state’s commitment to combating housing discrimination and strengthens the abilities of the Secretary of State to discipline licensed professionals for discriminatory behavior. The new law also compliments the department’s existing regulations, which authorize the Secretary to discipline licensed agents and brokers that have engaged in any unlawful discriminatory practice.
Recent Legal Updates
State of Emergency Extended: Gov. Cuomo extended the current state of emergency for the State of New York until October 4, 2020. As a result, all Executive Orders relating to this emergency will remain in effect, including the continued No Cold Calling mandate.
Eviction Moratorium Extended: A New York State Chief Administrative Judge issued a new directive that mandates that no existing or new residential eviction warrants can be executed until October 1st, at the earliest.
A significant portion of our end-of-session efforts was focused on opposing legislative proposals that would have negatively impacted New York’s real estate sector.
It is important for an attorney to inform the seller the Property Condition Disclosure Statement does not require a seller to make any independent investigations relating to the subject matter contained in each of the questions contained therein.
NAR had several topics it wanted HGAR and the rest of the Realtor community on the Hill that day to hammer home.
This dispute could have far-reaching implications beyond the real estate industry, as the split-decision ruling from the Circuit Court conflicts with the existing precedent of both the D.C. Circuit Court and the U.S. Supreme Court.
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