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Hamptons.com
August 20, 2020

New York State Laws Regarding Real Estate Broker Compliance With Fair Housing Laws Now In Effect

John A. ViterittibyJohn A. Viteritti
in Real Estate
Home Real Estate

The November 17, 2019 Newsday Report regarding violations of federal Fair Housing Laws by Long Island real estate agents gave rise to several pieces of legislation intended to address these violations.

One that became effective on June 20, 2020 requires agents to provide a prospective purchaser, tenant, seller, or landlord upon first substantive contact a disclosure notice furnished by the Department of State (DOS) containing substantive provisions of the New York State Human Rights Law and how complaints may be filed with the DOS. The notice may be provided by email, text, electronically, facsimile, or hardcopy. Oral disclosure does not satisfy the requirement. The notice applies to all real property occupied or unoccupied, including condominiums, cooperatives, improved and unimproved properties or commercial properties. The law requires that the agent shall obtain a signed acknowledgment retained for at least three years. If the consumer declines to sign the disclosure notice, the agent shall set forth under oath or affirmation a written declaration of the facts regarding when such notice was provided and maintain a copy for not less than three years.

The law further requires a real estate broker to display at every office and branch office a notice, furnished by the DOS indicating the provisions of New York State Human Rights Law relative to housing accommodations. The notice must also appear on all websites of the broker and the broker’s agents as well as all open houses.

This notice does not render the Equal Housing Opportunity Poster regarding the Federal Fair Housing Act available from HUD unnecessary.

With respect to DOS approved real estate schools and instructors offering required fair housing courses, such courses shall be video and audio recorded and maintained for at least one year.

On August 3, 2020 the governor signed legislation supported by the New York State Association of Realtors explicitly granting the DOS the authority to revoke or suspend the real estate licenses of those found to be in violation of Human Rights Law.

According to the DOS, “If a broker knew of an agent’s unlawful conduct and took no steps to correct the agent, and then retained a commission as a result, the Department may take appropriate disciplinary action which could include requiring that the commission be returned, and suspension and/or revocation of the broker’s license. Additionally, if a brokerage has one sponsoring broker, and that broker’s license is suspended, each license under that brokerage would be inactive until either they were associated with another company or a broker with an active license took over the brokerage.” The DOS further states: “A broker could always attempt to plead ignorance, but such claim may then result in finding that the broker failed to adequately supervise staff, which in and of itself is a separate violation of law and could result in discipline. Additionally, there are numerous decisions from the Administrative Law Judges (ALJ) that have found. “Ignorance is ineffective in avoiding liability for most violations of the New York Real Property Law (RPL).”

I asked Assemblyman Fred W. Thiele, Jr. for his comments regarding the new law. His response: “New York Law already prohibits housing discrimination on the basis of race, creed, national origin, sex, age, disability, marital status, family status, sexual orientation or gender identity. The DOS has the authority to fine, suspend or revoke the license of a broker or real estate person for violations of law, but the statute does not specify that this includes for discriminating in their capacity as an agent or broker. This important legislation changes this, expressly confirming the Department’s authority to punish such conduct in order to deter future behavior and to better secure homebuyers the right to fair and equal treatment in the real estate and housing marketplace. I thank my colleagues for introducing this important and timely legislation that I was proud to co-sponsor and vote in favor of. Every New Yorker deserves equal treatment in our real estate industry, and no one should be impeded in their ability to achieve homeownership because of the color of their skin.”

New York law also prohibits discrimination based on lawful source of income.

On August 11, 2020, effective immediately, the governor signed an amendment to the Human Rights Law requiring landlords to provide tenants the use of an animal as a reasonable accommodation to alleviate symptoms or effects of disability. Alfred M. Fazio with the law firm, Capruder Fazio Giacoia notes in a memorandum that “on the Federal level, HUD recently issued a memorandum detailing the rights of residents to use service and emotional support animals so New York State is confirming what the Federal Government has already enacted.”

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INTERVIEW: Ryland Life Equipment Owner Ryland Hilbert On The Chic Sag Harbor Boutique And More

INTERVIEW: Ryland Life Equipment Owner Ryland Hilbert On The Chic Sag Harbor Boutique And More

  • “Only the Timeless,” Remembering Iconic Hamptons Architect Myron Goldfinger

Myron Goldfinger, renowned modernist architect, passed away this Summer at 90. Gaining prominence, especially in the Hamptons, for designing weekend escapes and monumental modern estates. Still highly sought-after today, the Goldfinger-designed estate at 43 Sandune Court, Sagaponack, hallmarks and honors the architect’s innumerable gifts. 

Read the full article at Hamptons.com (Link in Bio)
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#hamptons #architect #myrongoldfinger
  • Enjoy the Warmth of Community This Fall at LongHouse

LongHouse Reserve is unbelievably beautiful. Whether you’re here for the summer or visiting from out of town, LongHouse is a must-visit. It’s not just a place for art but a true community hub offering tranquility and a chance to marvel at nature’s wonders. It’s a sanctuary of peace.

This fall, there’s a buzz in the air, thanks to the efforts of LongHouse director Carrie Rebora Barratt, who is a relatively new local herself. She’s been working to create more engaging community events and has extended LongHouse’s open season well into the fall and possibly even the winter. @longhousereserve

Read the full article at Hamptons.com (Link in Bio)
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#longhousereserve #longhouse #community #events
  • HIFF Closing Night Showcases Director Bradley Cooper’s MAESTRO

HamptonsFilm announced today the full slate of programming for the 2023 edition of the Hamptons International Festival (HIFF), including the Closing Night presentation of Bradley Cooper’s MAESTRO, additional Signature Programming including “A Conversation with…” Series with Paul Simon, and the full film programming lineup including additional films to screen within the Spotlight section, Documentary and Narrative Competition titles, short film sections, as well as Signature Programs including Views From Long Island; Conflict and Resolution; and Air, Land & Sea. The Festival also announced filmmaker Celine Song will attend the festival for a Special Screening of her latest narrative feature PAST LIVES, and will receive the festival’s Breakthrough Artist Award. @hamptonsfilm

Read the full article at Hamptons.com (Link in Bio)
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#bradleycooper #maestro #film #filmscreening #hiff #hamptonsfilmfestival
  • The place is the old Astro’s, and it looks pretty much the same except all the seating is now by the windows, and there are no tables. You can go in for slices, and overall, it’s a pretty typical pizza joint with a more retro vibe. But what’s great about this pizza is that it is thin and has a crispness to it that you don’t get anywhere else in the Hamptons. This means that even if you devour half a pie, you don’t walk away feeling bloated and like death is imminent, but you just feel really full from good pizza.

Everything is fresh, and the overall vibe is trendy. You have to go. I gave it an 8.4. #pizza  #pizzatime  #pizzalover  #hamptons  #finipizza
  • Special Screening of Love…Reconsidered, A Hamptons-Based Romantic Comedy

The Westhampton Beach Performing Arts Center will be hosting a premiere of the film Love…Reconsidered on Saturday, September 30th at 7:00 p.m. in the Mollie Parnis Auditorium. This is the charming romantic comedy starring Sophie von Haselberg, Judy Gold, Marisa Ryan, Elaine Bromka, Luke Gulbranson, and Colton Haynes, set between New York City and Southampton.

Love…Reconsidered is based on Arielle Haller-Silverstone’s true love/life story, and she wrote the screenplay after losing her job during the pandemic where she then moved to the Hamptons. Haller-Silverstone is the co-owner of Le Closet, a curated consignment store, with locations in Southampton and New York City, and she can’t wait to premiere this film at WHBPAC and connect with viewers.

The screening will also include a panel discussion with the filmmakers moderated by Kate Schumacher and Carinn Jade of the well-known podcast Pop Fiction Women. They will dive into the film’s characters and the complicated lives they lead, along with the filmmaking process that brought this movie to life on the screen. Arielle Haller-Silverstone spoke more about her inspiration for the screenplay, her background, and what she is most looking forward to for the screening.

Congratulations on your film Love…Reconsidered. Can you talk about the story behind this film and where your inspiration came from to write the screenplay? 

Arielle Haller-Silverstone: I lost my job during COVID and started Le Closet from my studio apartment in Hell’s Kitchen. On a total whim, my dad knew a broker that knew a broker in Southampton, and I decided to give it a shot. I schlepped all of the clothes from NYC and opened on Windmill Lane (where the store still is today!). I knew there was a script within this story and had to make a movie. @whbpac

Read the full interview at Hamptons.com (Link in Bio)
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#westhampton #romantic #comedy #screening
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