Blurred portrait of young female realtor holding key in hand

“On December 21, 2021, New York Real Property Law section 442-h (rules of the Secretary of State relating to real estate brokers and salespersons) was amended to require, in part, that real estate brokers ‘institute standardized operating procedures for the prerequisites prospective homebuyers must meet prior to receiving any services.’”[i] The Bill signed in December required that:

“(a) The secretary of state, upon notice and a public hearing, shall promulgate rules and regulations requiring real estate brokers to institute standardized operating procedures for the prerequisites prospective homebuyers must meet prior to receiving any services. Such rules and regulations shall include but not be limited to the following:

(i) whether prospective clients shall show identification;

(ii) whether an exclusive broker agreement is required; and

(iii) whether pre-approval for a mortgage loan is required.

(b) Real estate brokers shall submit such standardized operating procedures to the department of state and the department of state shall maintain a file of such standardized operating procedures while the broker’s license is active and for at least five years thereafter. If any alterations are made to the standardized operating procedures subsequent to such submission, real estate brokers shall notify and submit such new standard operating procedures within thirty days. Any salesperson operating under a brokerage license that fails to adhere to such operating procedures shall be subject to the penalties imposed by section four hundred forty-one-c of this article.”[ii]

“[S]tarting April 20, 2022, every real estate broker, operating within the State of New York, shall have on each publicly available website and mobile device application they maintain a list of standardized operating procedures.”[iii] “Brokers must keep an archive of all standardized procedures, for as long as they are actively licensed, by having each amendment date stamped and notarized. All new procedures must be posted and made available, at each brokerage office and online, within 30 days of any changes.”[iv]  Finally, “[a]ny broker or salesperson operating under a brokerage license that fails to adhere to such operating procedures shall be subject to discipline.”[v]

For further information, please contact Christopher E. Vatter at cvatter@jaspanllp.com.

[i] https://dos.ny.gov/important-updates-licensing

[ii] N.Y. Real P. Law §442-h.

[iii] https://dos.ny.gov/real-estate-broker#:~:text=On%20December%2021%2C%202021%2C%20New,homebuyers%20must%20meet%20prior%20to

[iv] https://dos.ny.gov/important-updates-licensing

[v] Id.

Car parked at the parking lot of the airport for rental. Aerial view of car parking lot of the airport. Used luxury car for sale and rental service. Automobile parking space. Car dealership concept.

On November 7, 2021, the Governor signed a Bill known as the “Anthony Amoros’ Law”, that “prohibits used car dealers from selling vehicles at retail without a functioning airbag.”[1]  This Bill amends New York State Vehicle and Traffic Law § 417. In particular, the Bill “prohibits retail dealers of second hand motor vehicles from selling a motor vehicle which is subject to federal motor vehicle safety standards for inflatable restraint systems unless such vehicle is equipped with an inflatable restraint system which conforms to the federal motor vehicle safety standard applicable to that vehicle and a readiness indicator light indicating a functioning inflatable restraint system.”[2]

Although it sounds counterintuitive, prior to the enactment of this Bill, there was no requirement that a used vehicle which was sold by a licensed dealer needed to have a working airbag.  This Bill was named after “a young man from Rockland who died in a car crash in a car that, unbeknownst to him, was sold to him without airbags.”[3] The Bill requires that a dealer must now provide a certificate certifying that the used vehicle is equipped with an airbag and that the readiness indicator light indicates that the airbag light is operable.[4] The purpose of this Bill is to ensure that the airbag system is installed and functioning as it was designed to prevent future injuries and to hopefully save lives.

It is important for both used car dealers and customers to be aware of the changes in the New York State Vehicle and Traffic Law which may impact them. If you need assistance, please contact Christopher E. Vatter at cvatter@jaspanllp.com.

[1] https://www.governor.ny.gov/news/governor-hochul-signs-legislation-ensure-used-vehicles-are-sold-functioning-airbags

[2] Senate Bill S1834A.

[3]https://www.governor.ny.gov/news/governor-hochul-signs-legislation-ensure-used-vehicles-are-sold-functioning-airbags

[4] Senate Bill S1834A.

Thurgood Marshall US Courthouse and Manhattan Municipal Building in NYC

We are all aware of car and motorcycle enthusiasts who modify their muffler and exhaust systems on their vehicles to obtain better performance or better sounding vehicles (and have heard the sound generated from these modified exhaust systems).  You have also likely been on a roadway in New York and seen bumper stickers with the slogan “Loud Pipes Saves Lives”.  Apparently, Governor Hochul disagrees with these enthusiasts and with these slogans.

On October 29, 2021, Governor Hochul signed BillS784B, which increases “enforcement against motorists and repair shops that illegally modify mufflers and exhaust systems to make them excessively noisy for motor vehicles and motorcycles.”[i] This bill goes into effect on April 1, 2022.[ii]  “This bill amends vehicle and traffic law, increasing fines and penalties and creating stricter regulations on vehicle equipment. Maximum fines for installing illegal equipment will be raised to $1,000, an $850 increase. Inspection stations will also be required to inspect motorcycles to ensure mufflers and exhausts have not been illegally modified.”[iii]

This new bill will have an impact on both the enthusiasts and the repair shops who sell, install and service such vehicles.[iv] As part of this law, inspection stations must inspect the motorcycle exhaust systems to ensure compliance.  Inspection stations who willfully fail to inspect a motorcycle exhaust system for compliance run the risk of their operating certificate being suspended.[v]

With the proliferation of electric vehicles, noise pollution from motor vehicles will be less of an issue, that is, until some car or motorcycle enthusiast figures out a way to increase performance of such vehicles and to make them sound better.

For further information, please contact Christopher E. Vatter at cvatter@jaspanllp.com.

[i] https://www.nysenate.gov/legislation/bills/2021/S784

[ii] Id.

[iii] https://www.governor.ny.gov/news/governor-hochul-signs-legislation-cracking-down-noisy-illegal-mufflers-and-exhaust-systems

[iv] https://www.nysenate.gov/legislation/bills/2021/S784

[v] Id. (“Section three of the bill amends Subdivision (e) of section 303 of the vehicle and traffic law to provide that the Commissioner of Transportation shall suspend or revoke the certificate of inspection stations upon a third or subsequent willful violation, all within a period of eighteen months, of any rule or regulation of the commissioner requiring an inspection station to inspect the muffler or exhaust system of a motorcycle as set forth in subdivision (c) of section 79.28 of title 15 of the codes, rules and regulations of the state of New York.”).

 

Modern Electronics Research, Development Facility: Black Female Engineer Does Computer Motherboard Soldering. Scientists Design PCB, Silicon Microchips, Semiconductors. Medium Close-up Shot

According to the United States Census Bureau, women make up nearly half of the United States work force.[i] Notwithstanding, as of 2019, women make up only 27% of workers in the fields of science, technology, engineering and mathematics (“STEM”).[ii]  “Women employed full-time, year-round in STEM occupations earned more than their non-STEM counterparts but the gender earnings gap persisted within STEM occupations.”[iii] Men also outnumber women majoring in most STEM fields in college. [iv] “The gender gaps are particularly high in some of the fastest-growing and highest-paid jobs of the future, like computer science and engineering.”[v]

“Women and minorities are severely underrepresented in STEM, often because they were not encouraged to early on. In a 2010 survey by the Bayer Corporation of female and minority chemists and chemical engineers, 77 percent said significant numbers of women and minorities are missing from the U.S. STEM work force because ‘they were not identified, encouraged or nurtured to pursue STEM studies early on.”’[vi]

In an attempt to address this issue, on December 22, 2021, Governor Hochul signed a Bill[vii] “directing the urban development corporation to conduct a study regarding the assistance needed to encourage women and minorities to pursue technology careers in science, technology, engineering and mathematics (STEM)”. It is hopeful that: “[t]his bill will help identify the types of assistance necessary to encourage more women and minorities to enter STEM fields.”[viii]

According to Senator Anna M. Kaplan, “[s]o many employers in today’s high-tech, global economy consistently struggle to find enough qualified individuals to fill the high-skill, high-paying jobs they create, and the workforce has never been truly reflective of the diversity of our community. It’s time we helped more young women and people of color to pursue careers in the fields of science, technology, engineering, and math, and by encouraging these underrepresented groups to pursue STEM studies, we can provide greater opportunities for more young people in our community, and fill a critical need for workers skilled in the areas of demand in today’s economy.”[ix]

According to Assemblymember Linda B. Rosenthal, “[t]his new law will help increase the numbers of women and minorities who pursue technology-based careers. While some of the fastest-growing and highest-paying jobs are in the STEM field, the number of women and people of color employed in these fields continues to lag behind. A better understanding of the availability of grants designed to encourage underrepresented people to pursue careers in STEM is vital to help level the playing field and ensure access to well-paying and intellectually stimulating jobs.”[x]

For further information, please contact Christopher E. Vatter at cvatter@jaspanllp.com or Samantha M. Guido at sguido@jaspanllp.com.

[i] https://www.census.gov/library/stories/2021/01/women-making-gains-in-stem-occupations-but-still-underrepresented.html (men make up 52% of the workforce).

[ii] Id.

[iii] Id.

[iv] https://www.aauw.org/resources/research/the-stem-gap/

[v] Id.

[vi] https://www.governor.ny.gov/news/governor-hochul-signs-legislation-addressing-labor-and-healthcare-inequalities-women

[vii] https://www.nysenate.gov/legislation/bills/2021/s531/amendment/b

[viii] Id.

[ix] https://www.governor.ny.gov/news/governor-hochul-signs-legislation-addressing-labor-and-healthcare-inequalities-women

[x] Id.

Newborn baby's cute little foot

On December 22, 2021, Governor Hochul signed a Bill[i] directing “the department of financial services, in consultation with the department of health to prepare a report with recommendations on their review of covered benefits related to childbirth offered by all health insurance providers in New York state.”[ii]  The purpose of the Bill is: “[t]o uncover hidden costs related to childbirth, shine a light on disparities in rates negotiated by insurers covering the birth, and determine if Statewide standards should be adopted.”[iii]

Pursuant to the Bill, the Department of Financial Services, in cooperation with the Department of Health, is to conduct a review of the benefits related to childbirth and “must include an examination of length of stay periods, costs incurred by patients and reimbursed to providers, and additional benefits offered, or not.”[iv]

Senator Julia Salazar in addressing this Bill stated that: “People expecting a child face many unknowns, which often cause anxiety and uncertainty. One of these is the difficulty many face in ascertaining the costs they will incur for labor and delivery. This bill alleviates that concern by requiring the Department of Financial Services to study and report on the coverage actually provided by insurance companies in New York for these services.”[v]

Assemblymember Chantel Jackson in discussing the Bill stated that:  “Maternal Health has been of critical importance across the nation and here in New York State, as more needs to be done to close the gap in maternal mortality among women of color.  Race, poverty and discrimination still play a role in the maternal care and delivery options available and afforded to women of color.  This legislation will focus on creating a study that will shed a light and better understanding on the current insurance benefits and coverage related to childbirth. This legislation will help identify and address the areas where insurance coverage standards must be revised to better serve the maternal health needs of expectant mothers before, during and after delivery.”

The report and recommendations will be used to “determine if state-wide standards should be adopted in addition to taking measure of how the State already fulfills requirements set by the Federal ACA [Affordable Care Act].”[vi]

For further information, please contact Christopher E. Vatter at cvatter@jaspanllp.com or Samantha M. Guido at sguido@jaspanllp.com.

[i] https://www.nysenate.gov/legislation/bills/2021/s4827

[ii] Id.

[iii] Id.

[iv] Id.

[v] https://www.governor.ny.gov/news/governor-hochul-signs-legislation-addressing-labor-and-healthcare-inequalities-women

[vi] https://www.nysenate.gov/legislation/bills/2021/s4827

Hands holding yellow paper house on blue background, family home, homeless shelter housing and home protecting insurance, mortgage concept, foster home care

One of the many unspoken issues facing homeless women is access to feminine hygiene products.  Governor Hochul, recognizing this issue, signed legislation on December 22, 2021, amending Social Services Law by adding a new section 152-c[1], which requires that feminine hygiene products be provided at no cost to menstruating individuals in homeless shelters.  The products include, but not limited to, sanitary napkins, tampons and panty liners.”[2]  “This bill will provide feminine hygiene products at no cost to adults and children in shelters throughout New York State.”[3] “Menstrual products can be unaffordable for those already struggling. This bill provides these products free of charge so those living in homeless shelters do not have to resort to using unsafe alternatives that can result in serious infection.”[4] Senator Michelle Hinchey, who sponsored Senate Bill S6572, stated: “Access to menstrual supplies is a fundamental health necessity, and yet in almost every community across our state, there are people who cannot afford period products – a dilemma that no one should ever have to face.”[5] Assemblymember Linda B. Rosenthal echoed this sentiment and stated that woman should not be forced between deciding whether to buy food or menstrual products.[6] This legislation is a small step in ensuring that women are treated fairly.

It is important that issues specific to women are brought to light and that women are treated equally and fairly. For further information, please contact Christopher E. Vatter at cvatter@jaspanllp.com or Samantha M. Guido at sguido@jaspanllp.com.

[1] Senate Bill S6572/A.529-A.

[2] Id. at “Summary”.

[3] Id. at “Purpose”.

[4]https://www.governor.ny.gov/news/governor-hochul-signs-legislation-addressing-labor-and-healthcare-inequalities-women

[5] Id.

[6] Id.

Government Capitol Building with Stars abstract background

The New York State Election Law was amended by adding a new section to § 14-116 and incorporating Limited Liability Companies (LLCs) in the definitions in that statute which limits the amount of monies an LLC can expand for political contributions.

Historically, corporations were proscribed from giving political contributions amounting to more than $5000 in the aggregate in any calendar year. Exceeding that limit subjected the corporation and its officers, directors, and stockholders to a criminal misdemeanor charge.

The changes in the law extend that $5000 dollar limitation to LLCs with members and managers being liable for the same misdemeanor criminal charge.

Additionally, the newly added § 14-116(3) of the statute, requires annual filings by an LLC that set forth all political contributions made on or after January 31, 2019. The annual statement specifies what contributions were made by the LLC and who the beneficial owners of the LLC were during that year. This form filing is available on the New York State Board of Elections’ (“NYSBOE”) website and is required to be submitted to the NYSBOE by December 31st of each year. Failure to file this statement is a misdemeanor.

Nothing in the amended law prohibits an owner of an entity from making contributions in excess of the $5,000 aggregate limit in his or her own name, subject to the individual campaign contribution limits for a candidate or a political committee. The individual campaign limits are set forth each year in regulations promulgated the NYSBOE and can range up to $70,000 per candidate for statewide offices with a primary component.

Women's History Month. Brush calligraphy style vector template design for banner, card, poster, background.

Jaspan Schlesinger is proud to celebrate Women’s History Month. March is designated Women’s History Month by Presidential proclamation.[1] “Every March, Women’s History Month provides an opportunity to honor the generations of trailblazing women and girls who have built our Nation, shaped our progress, and strengthened our character as a people.”[2]

“Women’s History Month had its origins as a national celebration in 1981 when Congress passed Pub. L. 97-28 which authorized and requested the President to proclaim the week beginning March 7, 1982 as ‘Women’s History Week.”’[3]   In 1987, “Congress passed Pub. L. 100-9 which designated the month of March 1987 as ‘Women’s History Month.’ Between 1988 and 1994, Congress passed additional resolutions requesting and authorizing the President to proclaim March of each year as Women’s History Month.”[4]  These proclamations celebrate the contributions women have made to the United States and recognize the specific achievements women have made over the course of American history in a variety of fields.[5]

President Biden, in issuing this year’s Proclamation, stated that: “[t]his Women’s History Month, as we reflect on the achievements of women and girls across the centuries and pay tribute to the pioneers who paved the way, let us recommit to the fight and help realize the deeply American vision of a more equal society where every person has a shot at pursuing the American dream.  In doing so, we will advance economic growth, our health and safety, and the security of our Nation and the world.”[6]

Governor Hochul in signing legislature addressing women’s issues stated: “New York must continue to break down barriers for women and fight inequality throughout our state.”[7] “These laws will address a variety of important issues, supporting STEM [ Science, Technology, Engineering, and Mathematics fields] careers and helping to ensure equity and access in women’s health.”[8]

Despite progress being made, women still face obstacles in many endeavors and further progress is needed to ensure that women have the same opportunities as men and are treated equally. Jaspan Schlesinger proudly joins the Nation in recognizing March as Women’s History Month.  As we recognize Women’s History Month, we will be updating our blog with relevant and timely information and resources regarding laws which address and highlight women’s issues.

Christopher E. Vatter cvatter@jaspanllp.com / Samantha M. Guido sguido@jaspanllp.com.

 

[1] Pub. L. 100-9.

[2] https://www.whitehouse.gov/briefing-room/presidential-actions/2022/02/28/a-proclamation-on-womens-history-month-2022/#:~:text=NOW%2C%20THEREFORE%2C%20I%2C%20JOSEPH,2022%20as%20Women’s%20History%20Month.

[3] https://womenshistorymonth.gov/about/

[4] Id.

[5] Id.

[6] https://www.whitehouse.gov/briefing-room/presidential-actions/2022/02/28/a-proclamation-on-womens-history-month-2022/#:~:text=NOW%2C%20THEREFORE%2C%20I%2C%20JOSEPH,2022%20as%20Women’s%20History%20Month.

[7] https://www.governor.ny.gov/news/governor-hochul-signs-legislation-addressing-labor-and-healthcare-inequalities-women

[8] Id.

Labor and construction law.

The Governor signed a bill on January 25, 2021 (the “Bill”), “to back New York’s construction workers in their fight against wage theft and help those seeking justice to navigate their claims against such crimes.”[1]  The Bill takes effect on January 4, 2022, “and shall apply to construction contracts entered into, renewed, modified or amended on or after such date.”[2]

“The purpose of this bill is to amend the existing wage theft law to increase the likelihood that exploited workers in the construction industry will be able to secure payment and collect unpaid wages and benefits for work that has already been performed.”[3]  The Bill provides that:

“a contractor making or taking a construction contract shall assume liability for any debt resulting from making a wage claim, owed to a wage claimant or third party on the wage claimant’s behalf, incurred by a subcontractor at any tier acting under, by, or for the contractor for the wage claimant’s performance of labor; provides for wage theft prevention and enforcement.”[4]

Before the enactment of this Bill, a construction worker could file “a private lawsuit against his/her direct employer to collect any unpaid wages, including overtime and fringe benefits.”[5] Notwithstanding, despite a worker’s ability to file a lawsuit against its direct employer, often that employer was judgment proof.[6]  This Bill now “amends existing wage theft law to require general contractors to assume joint and several liability for any debt resulting from making a wage claim, owed to a wage claimant or third party on the wage claimant’s behalf.”[7]

The hope of this Bill is that by holding the general contractor liable for all subcontractors that it chooses to utilize on a jobsite, the general contractor will monitor its subcontractors more carefully to ensure that they are properly paying their employees.  Essentially, the Bill is intended to create an “incentive for the construction industry to better self-police itself in turn, this will hopefully lead to a decreased burden on State and City Agencies, including the Department of Labor and Workers’ Compensation Board, in terms of enforcement resources.”[8]

The Bill permits general contractors the “authority to oversee the books of subcontractors in order to better ensure that workers are being paid all owed wages.”[9]  In particular, General Business Law was amended, and section 756-f was added which provides, in pertinent part, that:

“Upon request of a contractor, or a contractor’s subcontractor, to any subcontractor which performs any portion of work within the scope of the contractor’s construction contract with an owner, such subcontractor shall provide certified payroll records which, at a minimum, contain all lawfully required information required for all employees providing labor on the project. Such payroll records shall contain sufficient information to apprise the contractor or subcontractor of such subcontractor’s payment status in paying wages and making any applicable fringe or other benefit payments or contributions to a third party on its employee’s behalf.”[10]

“[A] contractor may withhold payment to a subcontractor or lower tier subcontractor for failure to provide certain payroll records.”[11]

What is the impact of this Bill? Essentially, it has now made the general contractor liable in the event that its subcontractor does not properly pay their workers. In order to mitigate the general contractor’s liability, the Bill allows the general contractor to oversee the books and records of the subcontractor to ensure that they are properly paying their employees and to withhold payments to a subcontractor if the subcontractor fails to provide certain payroll records.

It is important for contractors (and subcontractors) to ensure that the contractors they retain are properly paying their workers. If such subcontractor fails to properly pay their workers, the general contractor will be liable. Accordingly, it is imperative that general contractors review the subcontractors’ payrolls and make sure that the workers are properly being paid.

Jaspan Schlesinger LLP can help you navigate these issues and other construction law related matters. If you need assistance, please contact Christopher E. Vatter at cvatter@jaspanllp.com or Charles W. Segal at csegal@jaspanllp.com.

[1] Senate Acts To Penalize, Prevent Wage Theft, Press Release, June 2, 2021.

[2] 2021 NY A.B. A3550. § 4.

[3] 2021 NY S.B. S2766C at “Purpose or General Idea of Bill”. The purpose of the Bill is found in the New York State Senate Bill S2766C, which was substituted by New York State Assembly Bill A3350 on June 2, 2021.

[4] 2021 NY A.B. A3550.

[5] 2021 NY S.B. S2766C at “Justification”. The justification of the Bill is found in the New York State Senate Bill S2766C, which was substituted by New York State Assembly Bill A3350 on June 2, 2021.

[6] Senate Acts To Penalize, Prevent Wage Theft, Press Release, June 2, 2021.

[7] Id.

[8] 2021 NY S.B. S2766C at “Justification”.

[9] Senate Acts To Penalize, Prevent Wage Theft, Press Release, June 2, 2021.

[10] General Business Law §756-f.

[11] 2021 NY S.B. S2766C at “Summary of Provisions”. “Failure to timely comply with a request for information as provided herein shall be a basis for a contractor to withhold payments owed to a subcontractor at any tier.” General Business Law §756-f.

 

 

Book with title New rules and regulations in an office.

The Governor signed a bill on October 25, 2021, amending General Business Law § 771[1] to require contractors and subcontractors to disclose the existence of property and casualty insurance (the “Bill”). The Bill takes effect on April 23, 2022.

General Business Law §771(i), will require that:

Before a contractor or subcontractor begins work on a home, such writing shall disclose to the homeowner the existence of a property and/or casualty insurance policy that covers the scope of such contractor or subcontractor’s employment should an insurance claim be filed resulting from losses arising from the work at such property. Such disclosure shall also include the contact information of the insurance company providing such property and/or casualty insurance, including a phone number and address.[2]

According to the Legislative History[3], this Bill is intended to “protect homeowners from damage that may be the result of work done by a contractor and/or sub-contractor by requiring contractors and sub-contractors to disclose in writing the existence of property and/or casualty insurance along with the contact information of the insurance company before doing any work on the property.”[4] Most cities, towns and villages in New York typically require that a contractor file proof of insurance before obtaining a building permit. However, that requirement relates to naming the city or town or village as an additional insured. In addition, the City of New York specifically requires that no exclusions in the insurance may apply to it.  Cities, towns or villages in New York with consumer protection departments often require that contractors register with the department and show proof of carrying a certain minimum level of insurance or post cash security against claims by consumers. However, this Bill is designed to prevent a contractor/sub-contractor from failing to provide their property and/or casualty insurance information or from misrepresenting the level of insurance they have to the homeowners before doing the work.[5]  The justification for this Bill is to ensure that when a property owner suffers damage to their property as a result of work performed by a contractor/subcontractor, the owner should have a clear understanding as to how to file a claim against the contractor/sub-contractor’s insurance carrier.

It is important for both contractors and homeowners to make sure that the proper insurance is provided at the inception of the project. Jaspan Schlesinger LLP can help you reviewing the necessary insurance requirements.

If you need assistance, please contact Christopher E. Vatter at cvatter@jaspanllp.com or Charles W. Segal at csegal@jaspanllp.com.

[1] 2021 NY A.B. A2202.

[2] General Business Law § 771(i).

[3] The purpose and justification of this bill can be found in the Senate Bill, S4060, which was substituted by New York State Assembly Bill A2202 on June 9, 2021.

[4] 2021 NY S.B. 4060 at “Purpose or General Idea of Bill”.

[5] Id. at “Justification”.