This week we wanted to remind you that Local Law 97 (LL 97-2019) establishing Carbon emission limits for certain properties went into effect on January 1, 2024. The following types of properties are deemed “Covered Buildings”, and will be regulated by LL 97-2019:

This week we wanted to highlight an interesting decision out of the Second Department which held that that a judgment creditor could not benefit from the from the protection of N.Y. Prop. Law § 290 et. seq.(New York’s Recording Statute). A summary of the relevant facts as well as a link to the case are set forth below.

This week we wanted to remind you about current legislation that will affect how the Peconic Bay Community Preservation Fund Tax (CPF) is calculated in several Peconic Bay towns in Eastern Long Island. Effective January 1, 2023, pursuant to revisions to New York Tax Law 1449-BB and the local town codes in East Hampton, Shelter Island, South Hampton and Southold (NOTE – The town of Riverhead did not change its CPF allowances), all conveyances made in those towns will be subject to the following adjusted allowances when calculating the CPF:

We wanted to take this opportunity to remind you to remain vigilant and continue to be on guard against the ever-increasing attempts of unscrupulous individuals to commit fraudulent land sales. These scams can involve the sale of a house or other types of real property, but often focus on the sale of a vacant lot that is owned free of encumbrances and liens. The “scammer” typically has done online research and is familiar not only with the property itself but with real estate transactions in general. The “Seller” therefore is usually able to discuss the proposed transaction with a high degree of accuracy.

This week we wanted to direct your attention to a recent First Department decision which held that an unrecorded discharge of mortgage was insufficient to vacate an Order of Foreclosure.  The relevant facts of and a link to the case are set forth below.

Can a Lis Pendens be used to secure repayment of a loan purportedly given to purchase real property?? That is one of the questions that was addressed in a very interesting Nassau County Supreme Court case and the answer, according to Justice Leonard D. Steinman, is - NO! Below is a summary of the relevant facts of the case and a link to the decision and order:

As we are fast approaching the end of 2022, we wanted to remind you of a significant piece of legislation that became effective earlier this year and amended how judgment interest is calculated on Money Judgments in certain circumstances. Back on December 31, 2021, Governor Hochul signed into law Chapter 831 of the Laws of 2021 amending Sections of the CPLR to reduce the interest rate on money judgments against natural persons involving “consumer debt” (as defined in CPLR Section 5004(b)) from 9% to 2% per annum.

This week we wanted to take the opportunity to remind you that the Corporate Transparency Act (“CTA”) will go into effect on January 1, 2024. The CTA requires both new and existing companies covered by the law to report “beneficial ownership” as described herein. The CTA’s new reporting requirement for beneficial ownership information (BOI) refers to identifying information about certain individuals directly or indirectly owning or controlling a corporate entity.

This week we wanted to take a minute to remind you that there has been a notable surge in fraudulent land sales attempts nationwide, encompassing various types of properties. Predominantly, these schemes target the sale of unencumbered vacant land. Perpetrators typically conduct extensive online research, demonstrating a comprehensive understanding not only of the specific property but also of real estate transactions in general. Consequently, we are noticing that the fraudulent seller can engage in transaction discussions with a high level of precision.

With the proliferation of cases involving fraudulent Deed transfers in the news these days, we wanted to bring your attention to a 2nd Department case where a defrauded Plaintiff was successful in having such a Deed set aside by Court Order. The relevant facts and a link to the case are set forth below but, from a strategic standpoint, it is important to note that the Plaintiff’s Complaint included a Cause of Action to Quiet Title which is governed by a ten (10) year Statute of Limitations as opposed to just a fraud claim which would have been subject to a six (6) year Statute of Limitations.

As we approach the end of the year, we wanted to take this opportunity to remind you that Local Law 69 of 2017 requires Owners of Multiple Dwelling Residential Properties to file a Bedbug Report (“the Report”) detailing bedbug infestations and treatments in residential apartment buildings. The Report must be filed each year between December 1 and December 31, reporting on data for the previous year from November 1 through October 31.

This week we wanted to bring your attention to an interesting case which determined that additional professional and legal fees were properly chargeable to a licensor where a prior Access License Agreement, issued in accordance with Real Property Actions and Proceedings Law (“RPAPL”) Section 881 (“Access to adjoining property to make improvements or repairs”), had to be further extended and modified. The decision, in part, turned on the specific language set forth in the agreement as to the “reasonableness” of circumstances which necessitated the additional Professional Fees. The relevant facts and a link to the case are set forth below.

This week we wanted to update you about a recent NYC Department of Buildings (DOB) decision to issue new boiler violations for owner’s failure to correct alleged defects that were disclosed in annual inspections for the years 2018, 2019, 2020, 2021 and/or 2022.

We have been continuously monitoring the situation involving the cyber security intrusion that shut down access to the Suffolk County Clerk’s office on September 8, 2022. Unfortunately, while the Clerk’s office has acknowledged the serious impact that this closure has caused to the Real Estate Industry, there is no definitive timeline to restore access to complete searches or record documents.

This week we wanted to update you on new legislation that was signed into law last week by Governor Hochul which will significantly impact how Sellers can comply with the requirements of RPP Article 14 (Property Condition Disclosure in the Sale of Residential Real Property (“RPDA”).

As you may know, the Suffolk County Clerk’s Office experienced a cyber-security intrusion on September 8, 2022, that has resulted in multiple computer systems being shut down. As a result, examiners in Suffolk County are currently unable to conduct searches of the Suffolk County land records, Suffolk County Clerk’s docket and other databases. Additionally, at the present time, it is not possible to record documents with the Suffolk County Clerk.

As part of our ongoing effort to keep you informed on new legislation that could have an impact on your clients, this week we bring your attention to §§ 103-15 (Periodic observation of building parapets) of Local Law 126 of 2021 which requires annual inspections of all parapets by “a person competent to inspect parapets”.

This week we wanted to bring your attention to a very interesting 2022 Second Department Court decision which ultimately enforced a forged deed based on the controlling provisions of New York Partnership Law § 51. A summary of the case facts are set forth below:

This week we wanted to bring your attention to an interesting decision out of the First Department that interpreted RPAPL Section 2001 (“Actions to enforce certain covenants restricting use of land…”) in the context of an action commenced by a Condominium Board to require a Unit Owner to remove a structure that was constructed in a rear yard of the complex.

We wanted to take this opportunity to revisit the requirements for an individual to unilaterally sever an existing Joint Tenancy interest in Real Property. In the recent case Harmon v. Misholy, 2022 NY Slip Op 22102, decided April 8, 2022, posted at https://www.nycourts.gov/reporter/3dseries/2022/2022_22102.htm, the Respondent was a tenant under a certain lease that had been executed, via a POA, by one of the Joint Tenant owners on a parcel of real property in Suffolk County.