LEGAL CORNER: NYC Passes the FARE Act and Restricts the Payment of Commissions by Tenants
The real estate industry has expressed concerns regarding the potential repercussions of the FARE Act.
Boardroom Report
Boards of Directors
Hudson Gateway Association of Realtors, Inc.
Oct. 20, 2021 at the HGAR offices, One Maple Ave, White Plains
HGAR Management, Financial & Membership Reports
President Crystal Hawkins-Syska presented the President’s Report, reviewing her year as President of HGAR and her emphasis on accessibility to the members. She reminded everyone about Annual Members’ Day and reported that she would have a President’s Booth at Member’s Day to share materials and to promote HGAR.
CEO Richard Haggerty presented the CEO’s Report, encouraging attendance at Annual Members’ Day. He reminded everyone about the attendance requirements and HGAR’s COVID-19 protocols approved at the previous Board of Directors’ Meeting. Haggerty also encouraged the Directors to remind those who are unable to attend the Annual Members’ Meeting to submit their Proxies.
CEO Haggerty presented the Treasurer’s Report as of October 1, 2021, a copy of which was provided to the Directors, on behalf of Treasurer Carmen Bauman who was unable to attend the meeting. After discussion the report was approved for filing.
Immediate Past President Gail Fattizzi, as Nominating Committee Chair, reported that there are two vacancies on the NYSAR Board of Directors. Chair Fattizzi reported that the HGAR Nominating Committee recommended the following individuals to fill said vacancies: Richard Herska and Anthony Ruperto, and after discussion the Nominating Committee’s recommendation was approved.
CEO Haggerty then reported on the HGAR Directors who would be serving as Directors on the National Association of Realtors Board of Directors. The number of HGAR Directors to serve as NAR Directors is based on the total number of current outstanding members of HGAR. CEO Haggerty indicated that since HGAR’s membership surpassed the 12,000-member mark, HGAR received one additional Director seat (bringing the total number of HGAR Directors serving on the NAR Board of Directors to six). CEO Haggerty pointed out that it has been the policy of HGAR that the members of the Executive Committee customarily serve on the NAR Board of Directors, and as such, the Executive Committee selected and appointed Gail Fattizzi, being a current member of the Executive Committee. Therefore, Immediate Past President Fattizzi, along with all of the other members of the current HGAR Executive Committee, will serve on the NAR Board of Directors for the upcoming 2022 year.
In-House Legal Counsel Brian Levine presented the Ethics Decision designated as 284-E, which was provided to each of the Directors prior to the meeting. After review and discussion, the Directors approved the recommendation of the Hearing Panel.
Diversity, Equity, and Inclusion (“DEI”) Officer Freddimir Garcia reported on the results of the Member-wide demographic survey recently conducted by HGAR (“DEI Survey”) and carefully reviewed the draft “Diversity, Equity, & Inclusion Membership Survey Report.” DEI Officer Garcia pointed out that the Draft DEI Survey Report was in “draft” form and, that until it has been finalized and approved by the HGAR Directors, the results of the DEI Survey and the contents of the Draft DEI Survey Report were to remain strictly confidential. There was a robust and extensive discussion among the Directors regarding the Draft DEI Survey Report. Alternative methods of delivering the DEI Survey to members, as well as ways of encouraging participation, were also discussed. DEI Officer Garcia indicated that the Draft DEI Survey Report would be finalized in the coming weeks and that he would present same to the Directors for approval at a subsequent HGAR Directors’ Meeting.
Director of Communications Mary Prenon reported on the upcoming HGAR Annual Meeting and HGAR’s Annual Members’ Day, reminding everyone about the mask requirements as well as the requirement to provide proof of vaccination or a negative PCR COVID-19 test to attend in-person. She also reminded everyone that County Executive George Latimer would be the guest speaker at the RPAC Luncheon scheduled for 12:30. P.M., that the Keynote speaker, Dennis Giannetti, would be speaking at 2:00 P.M., that the Annual Members’ Meeting was scheduled for 3:30 P.M, and that the Cocktail Party would immediately follow the Annual Meeting. Prenon also reported on various other events and presentations scheduled throughout the day.
Director Carol Christiansen and President Elect Anthony Domathoti presented the RPAC Committee report and urged everyone to attend the RPAC Luncheon at Members’ Day. They also reported on upcoming events.
CEO Haggerty then made a request of the HGAR Board of Directors to consider a contribution of $5,000 to RPAC from its reserves and $5,000 from the funds held by its subsidiary, HGMLS. After discussion, the contributions were approved.
Immediate Past President Fattizzi reported on the Leadership Accelerator Program. She also reported on the progress of the class project, namely, the membership outreach program, instituted by the members of the previous class of the Leadership Accelerator Program.
Secretary Tony D’Anzica reported on the Global Summit that was held on September 29th at the Marriott Marquis in New York City. He was pleased to announce its success and that it was well-attended.
CEO Haggerty and Secretary D’Anzica then presented to the Board for consideration attendance and participation at the annual MIPIM Conference held in Cannes, France. The MIPIM Conference focuses on commercial real estate and new real estate development. The upcoming MIPIM Conference is scheduled for the Spring of 2022. CEO Haggerty reminded the Directors that several individuals attended the MIPIM Conference in 2019 on behalf of HGAR. In 2019, HGAR had participated in the event jointly with the New York State Association of Realtors. CEO Haggerty reported that NYSAR has elected not to participate in the upcoming event and asked the Directors to consider approval of HGAR’s participation in this year’s event on its own. CEO Haggerty asked HGAR’s Commercial Investment Division President John Barrett and Previous Past President Ron Garafalo, both of whom attended the 2019 conference, to address the Directors and share their thoughts about MIPIM.
CEO Haggerty then pointed out that the HGAR Budget had previously included an expenditure of up to $35,000 for the MIPIM Conference in 2020. However, due to the COVID-19 pandemic the funds were not used and were still budgeted for the event. In addition to the $35,000, CEO Haggerty asked the Directors to consider one of the following: (1) an additional expenditure of $5,000 for HGAR to be a named sponsor of the event (but would not have a booth at the event), or (2) an additional expenditure of $12,500 for HGAR to reserve a formal booth at the event. After discussion amongst the Directors, it was decided that HGAR would reserve a booth and participate in the event.
Director Maryann Tercasio presented the report of the HG Realtor Foundation announcing that the HG Foundation had raised approximately $20,460 to date. Director Tercasio also reported on upcoming HG Foundation events. Past President and Chair of the Nominating Committee Fattizzi reported that there are two Trustee positions and three Officer positions available and that the application deadline for interested candidates is Oct. 28, 2021.
President Hawkins-Syska pointed out to the Directors that written reports of various Committees and Councils (i.e., Education Committee, Professional Standards Committee, DEI Committee, Fair Housing Committee, RPAC Committee, Global Business Council, Legislative Committee, Commercial and Investment Division, and HG Realtor Foundation) had also been provided to the Directors via e-mail prior to the meeting.
Boards of Directors
Hudson Gateway Association of Realtors, Inc.
Oct. 20, 2021 at the HGAR offices, One Maple Ave, White Plains
HGAR Management, Financial & Membership Reports
President Crystal Hawkins-Syska presented the President’s Report, reviewing her year as President of HGAR and her emphasis on accessibility to the members. She reminded everyone about Annual Members’ Day and reported that she would have a President’s Booth at Member’s Day to share materials and to promote HGAR.
CEO Richard Haggerty presented the CEO’s Report, encouraging attendance at Annual Members’ Day. He reminded everyone about the attendance requirements and HGAR’s COVID-19 protocols approved at the previous Board of Directors’ Meeting. Haggerty also encouraged the Directors to remind those who are unable to attend the Annual Members’ Meeting to submit their Proxies.
CEO Haggerty presented the Treasurer’s Report as of October 1, 2021, a copy of which was provided to the Directors, on behalf of Treasurer Carmen Bauman who was unable to attend the meeting. After discussion the report was approved for filing.
Immediate Past President Gail Fattizzi, as Nominating Committee Chair, reported that there are two vacancies on the NYSAR Board of Directors. Chair Fattizzi reported that the HGAR Nominating Committee recommended the following individuals to fill said vacancies: Richard Herska and Anthony Ruperto, and after discussion the Nominating Committee’s recommendation was approved.
CEO Haggerty then reported on the HGAR Directors who would be serving as Directors on the National Association of Realtors Board of Directors. The number of HGAR Directors to serve as NAR Directors is based on the total number of current outstanding members of HGAR. CEO Haggerty indicated that since HGAR’s membership surpassed the 12,000-member mark, HGAR received one additional Director seat (bringing the total number of HGAR Directors serving on the NAR Board of Directors to six). CEO Haggerty pointed out that it has been the policy of HGAR that the members of the Executive Committee customarily serve on the NAR Board of Directors, and as such, the Executive Committee selected and appointed Gail Fattizzi, being a current member of the Executive Committee. Therefore, Immediate Past President Fattizzi, along with all of the other members of the current HGAR Executive Committee, will serve on the NAR Board of Directors for the upcoming 2022 year.
In-House Legal Counsel Brian Levine presented the Ethics Decision designated as 284-E, which was provided to each of the Directors prior to the meeting. After review and discussion, the Directors approved the recommendation of the Hearing Panel.
Diversity, Equity, and Inclusion (“DEI”) Officer Freddimir Garcia reported on the results of the Member-wide demographic survey recently conducted by HGAR (“DEI Survey”) and carefully reviewed the draft “Diversity, Equity, & Inclusion Membership Survey Report.” DEI Officer Garcia pointed out that the Draft DEI Survey Report was in “draft” form and, that until it has been finalized and approved by the HGAR Directors, the results of the DEI Survey and the contents of the Draft DEI Survey Report were to remain strictly confidential. There was a robust and extensive discussion among the Directors regarding the Draft DEI Survey Report. Alternative methods of delivering the DEI Survey to members, as well as ways of encouraging participation, were also discussed. DEI Officer Garcia indicated that the Draft DEI Survey Report would be finalized in the coming weeks and that he would present same to the Directors for approval at a subsequent HGAR Directors’ Meeting.
Director of Communications Mary Prenon reported on the upcoming HGAR Annual Meeting and HGAR’s Annual Members’ Day, reminding everyone about the mask requirements as well as the requirement to provide proof of vaccination or a negative PCR COVID-19 test to attend in-person. She also reminded everyone that County Executive George Latimer would be the guest speaker at the RPAC Luncheon scheduled for 12:30. P.M., that the Keynote speaker, Dennis Giannetti, would be speaking at 2:00 P.M., that the Annual Members’ Meeting was scheduled for 3:30 P.M, and that the Cocktail Party would immediately follow the Annual Meeting. Prenon also reported on various other events and presentations scheduled throughout the day.
Director Carol Christiansen and President Elect Anthony Domathoti presented the RPAC Committee report and urged everyone to attend the RPAC Luncheon at Members’ Day. They also reported on upcoming events.
CEO Haggerty then made a request of the HGAR Board of Directors to consider a contribution of $5,000 to RPAC from its reserves and $5,000 from the funds held by its subsidiary, HGMLS. After discussion, the contributions were approved.
Immediate Past President Fattizzi reported on the Leadership Accelerator Program. She also reported on the progress of the class project, namely, the membership outreach program, instituted by the members of the previous class of the Leadership Accelerator Program.
Secretary Tony D’Anzica reported on the Global Summit that was held on September 29th at the Marriott Marquis in New York City. He was pleased to announce its success and that it was well-attended.
CEO Haggerty and Secretary D’Anzica then presented to the Board for consideration attendance and participation at the annual MIPIM Conference held in Cannes, France. The MIPIM Conference focuses on commercial real estate and new real estate development. The upcoming MIPIM Conference is scheduled for the Spring of 2022. CEO Haggerty reminded the Directors that several individuals attended the MIPIM Conference in 2019 on behalf of HGAR. In 2019, HGAR had participated in the event jointly with the New York State Association of Realtors. CEO Haggerty reported that NYSAR has elected not to participate in the upcoming event and asked the Directors to consider approval of HGAR’s participation in this year’s event on its own. CEO Haggerty asked HGAR’s Commercial Investment Division President John Barrett and Previous Past President Ron Garafalo, both of whom attended the 2019 conference, to address the Directors and share their thoughts about MIPIM.
CEO Haggerty then pointed out that the HGAR Budget had previously included an expenditure of up to $35,000 for the MIPIM Conference in 2020. However, due to the COVID-19 pandemic the funds were not used and were still budgeted for the event. In addition to the $35,000, CEO Haggerty asked the Directors to consider one of the following: (1) an additional expenditure of $5,000 for HGAR to be a named sponsor of the event (but would not have a booth at the event), or (2) an additional expenditure of $12,500 for HGAR to reserve a formal booth at the event. After discussion amongst the Directors, it was decided that HGAR would reserve a booth and participate in the event.
Director Maryann Tercasio presented the report of the HG Realtor Foundation announcing that the HG Foundation had raised approximately $20,460 to date. Director Tercasio also reported on upcoming HG Foundation events. Past President and Chair of the Nominating Committee Fattizzi reported that there are two Trustee positions and three Officer positions available and that the application deadline for interested candidates is Oct. 28, 2021.
President Hawkins-Syska pointed out to the Directors that written reports of various Committees and Councils (i.e., Education Committee, Professional Standards Committee, DEI Committee, Fair Housing Committee, RPAC Committee, Global Business Council, Legislative Committee, Commercial and Investment Division, and HG Realtor Foundation) had also been provided to the Directors via e-mail prior to the meeting.
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